[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2471 Enrolled Bill (ENR)]
H.R.2471
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
Making consolidated appropriations for the fiscal year ending September
30, 2022, and for providing emergency assistance for the situation in
Ukraine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2022''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2022
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2022
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--COVID SUPPLEMENTAL APPROPRIATIONS ACT, 2022
DIVISION N--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2022
DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS
Title I--Flood Insurance
Title II--Immigration Extensions
Title III--Livestock Reporting Extension
Title IV--TVPA Extension
Title V--Budgetary Effects
DIVISION P--HEALTH PROVISIONS
DIVISION Q--CONSUMER PROTECTION
DIVISION R--FAFSA SIMPLIFICATION
DIVISION S--VETERANS MATTERS
DIVISION T--CREDIT UNION GOVERNANCE MODERNIZATION ACT
DIVISION U--ADJUSTABLE INTEREST RATE (LIBOR) ACT
DIVISION V--HAITI DEVELOPMENT, ACCOUNTABILITY, AND INSTITUTIONAL
TRANSPARENCY INITIATIVE ACT
DIVISION W--VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION ACT OF 2022
DIVISION X--INTELLIGENCE AUTHORIZATION FOR FISCAL YEAR 2022
DIVISION Y--CYBER INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE ACT OF
2022
DIVISION Z--ISRAEL RELATIONS NORMALIZATION ACT OF 2022
DIVISION AA--TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM
DIVISION BB--EB-5 REFORM AND INTEGRITY ACT OF 2022
DIVISION CC--BURIAL EQUITY FOR GUARDS AND RESERVES ACT
DIVISION DD--AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT
PROGRAM
DIVISION EE--EXTENSION OF VISA WAIVER PROGRAM FEES
DIVISION FF--AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND USA
DIVISION GG--COOPERATIVE PROJECT AGREEMENT
DIVISION HH--OTHER MATTERS
Title I--Continuing Education at Affected Foreign Institutions
Title II--NASA Enhanced-Use Lease Extension Act of 2022
Title III--CARES Act Semiannual Testimony
Title IV--Hidden Figures Congressional Gold Medal
Title V--Congressional Oversight of Sensitive Programs Not Covered by
Other Provisions of Law
Title VI--Firefighter Pay
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about March 9, 2022, and
submitted by the chair of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of funds and
implementation of divisions A through L of this Act as if it were a
joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2022.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $54,710,000,
of which not to exceed $7,203,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,353,000 shall be available
for the Office of Homeland Security; not to exceed $2,215,000 shall be
available for the Office of Tribal Relations; not to exceed $7,044,000
shall be available for the Office of Partnerships and Public
Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not
to exceed $24,931,000 shall be available for the Office of the
Assistant Secretary for Administration, of which $23,282,000 shall be
available for Departmental Administration to provide for necessary
expenses for management support services to offices of the Department
and for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Department:
Provided, That funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not to
exceed $4,480,000 shall be available for the Office of Assistant
Secretary for Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $7,484,000 shall be available for the Office of
Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $22,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for Congressional
Relations and Intergovernmental Affairs shall be transferred to
agencies of the Department of Agriculture funded by this Act to
maintain personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30 days
from the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided further, That
during any 30 day notification period referenced in section 716 of this
Act, the Secretary of Agriculture shall take no action to begin
implementation of the action that is subject to section 716 of this Act
or make any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$27,199,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That of
the amounts made available under this heading, $500,000 shall be
available to carry out section 224 of subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$16,173,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $11,337,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $84,746,000, of which not less than $69,672,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $7,118,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $1,426,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $35,328,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $108,397,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $7,540,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $23,306,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $106,309,000, including such sums
as may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$57,268,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,277,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $3,327,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office: Provided
further, That of the amounts made available under this heading,
$1,000,000 shall be made available for the Office of the Chief
Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$87,794,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $190,162,000, of which up to $46,850,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,633,496,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for four buildings to be constructed at a
cost not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, That appropriations hereunder shall be
available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be owned,
operated, and maintained by the non-Federal entity and shall be removed
upon the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $127,805,000
to remain available until expended, of which $20,000,000 shall be
allocated for ARS facilities co-located with university partners, and
of which $62,400,000 shall be for the purposes, and in the amounts,
specified for this account in the table titled ``Community Project
Funding/Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in accordance with applicable statutory and
regulatory requirements.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$1,046,244,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, Hispanic
serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research
initiative, veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, grants management
systems, tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended: Provided
further, That each institution eligible to receive funds under the
Evans-Allen program receives no less than $1,000,000: Provided
further, That funds for education grants for Alaska Native and Native
Hawaiian-serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds awarded
equally to each of the States of Alaska and Hawaii: Provided further,
That funds for providing grants for food and agricultural sciences for
Alaska Native and Native Hawaiian-Serving institutions and for Insular
Areas shall remain available until September 30, 2023: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $550,605,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890 institutions shall
remain available until expended: Provided further, That institutions
eligible to receive funds under 7 U.S.C. 3221 for cooperative extension
receive no less than $1,000,000: Provided further, That funds for
cooperative extension under sections 3(b) and (c) of the Smith-Lever
Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471
shall be available for retirement and employees' compensation costs for
extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $40,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2023: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $1,577,000: Provided, That funds
made available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,110,218,000 of which up to $3,474,000 shall be for the purposes, and
in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in accordance with applicable
statutory and regulatory requirements; of which $491,000, to remain
available until expended, shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for control
of pest animals and birds (``contingency fund'') to the extent
necessary to meet emergency conditions; of which $14,725,000, to remain
available until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for active
eradication zones; of which $38,486,000, to remain available until
expended, shall be for Animal Health Technical Services; of which
$3,040,000 shall be for activities under the authority of the Horse
Protection Act of 1970, as amended (15 U.S.C. 1831); of which
$63,833,000, to remain available until expended, shall be used to
support avian health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure; of which
$209,553,000, to remain available until expended, shall be for
specialty crop pests, of which $8,500,000, to remain available until
September 30, 2023, shall be for one-time control and management and
associated activities directly related to the multiple-agency response
to citrus greening; of which, $11,137,000, to remain available until
expended, shall be for field crop and rangeland ecosystem pests; of
which $20,282,000, to remain available until expended, shall be for
zoonotic disease management; of which $42,021,000, to remain available
until expended, shall be for emergency preparedness and response; of
which $61,217,000, to remain available until expended, shall be for
tree and wood pests; of which $5,751,000, to remain available until
expended, shall be for the National Veterinary Stockpile; of which up
to $1,500,000, to remain available until expended, shall be for the
scrapie program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That any of the funds described
in the ``Community Project Funding/Congressionally Directed Spending''
table in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) that the
Secretary determines will not be obligated during the fiscal year shall
not be subject to the direction provided in such table: Provided
further, That of amounts available under this heading for wildlife
services methods development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under this
heading for the screwworm program, $4,990,000 shall remain available
until expended; of which $24,307,000, to remain available until
expended, shall be used to carry out the science program and transition
activities for the National Bio and Agro-defense Facility located in
Manhattan, Kansas: Provided further, That no funds shall be used to
formulate or administer a brucellosis eradication program for the
current fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the purchase, replacement,
operation, and maintenance of aircraft: Provided further, That in
addition, in emergencies which threaten any segment of the agricultural
production industry of the United States, the Secretary may transfer
from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations hereunder
shall be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless otherwise
provided the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of the
building.
In fiscal year 2022, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$226,657,000, of which $7,000,000 shall be available for the purposes
of section 12306 of Public Law 113-79: Provided, That of the amounts
made available under this heading, $25,000,000, to remain available
until expended, shall be to carry out section 12513 of Public Law 115-
334, of which $23,000,000 shall be for dairy business innovation
initiatives established in Public Law 116-6 and the Secretary shall
take measures to ensure an equal distribution of funds between these
three regional innovation initiatives: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701), except
for the cost of activities relating to the development or maintenance
of grain standards under the United States Grain Standards Act, 7
U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $61,786,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,817,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $1,077,000: Provided, That funds made available by this
Act to an agency in the Food Safety mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,108,664,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2022 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $1,687,000: Provided, That funds
made available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $238,177,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,173,070,000,
of which not less than $15,000,000 shall be for the hiring of new
employees to fill vacancies and anticipated vacancies at Farm Service
Agency county offices and farm loan officers and shall be available
until September 30, 2023: Provided, That not more than 50 percent of
the funding made available under this heading for information
technology related to farm program delivery may be obligated until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of receipt
from such Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates that
each project/investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject
to the applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations
of both Houses of Congress: Provided further, That the agency shall
submit a report by the end of the fourth quarter of fiscal year 2022 to
the Committees on Appropriations and the Government Accountability
Office, that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level agreements or
other technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs
as intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to county
committees shall remain available until expended: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that would result
in an office with two or fewer employees without prior notification and
approval of the Committees on Appropriations of both Houses of
Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement payments
to geographically disadvantaged farmers and ranchers under section 1621
of the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792),
$3,000,000, to remain available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
ownership loans and $2,800,000,000 for farm ownership direct loans;
$2,118,482,000 for unsubsidized guaranteed operating loans and
$1,633,333,000 for direct operating loans; emergency loans,
$37,668,000; Indian tribe land acquisition loans, $20,000,000;
guaranteed conservation loans, $150,000,000; relending program,
$61,425,000; Indian highly fractionated land loans, $5,000,000; and for
boll weevil eradication program loans, $60,000,000: Provided, That the
Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $40,017,000 for direct
farm operating loans, $16,524,000 for unsubsidized guaranteed farm
operating loans, $267,000 for emergency loans, $5,000,000 for the
relending program, and $407,000 for Indian highly fractionated land
loans, to remain available until expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $314,772,000: Provided, That of
this amount, $294,114,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $62,707,000:
Provided, That $1,000,000 of the amount appropriated under this heading
in this Act shall be available for compliance and integrity activities
required under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
otherwise provided for such purpose: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$904,396,000, to remain available until September 30, 2023, of which up
to $19,611,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in accordance with applicable statutory and
regulatory requirements: Provided, That any of the funds described in
the table titled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) that the
Secretary determines will not be obligated during the fiscal year shall
not be subject to the direction provided in such table: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the total amount available under this
heading, $8,500,000 shall be for necessary expenses to carry out the
Urban Agriculture and Innovative Production Program under section 222
of subtitle A of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923), as amended by section 12302
of Public Law 115-334: Provided further, That of the total amount
available, $7,000,000 shall remain available until expended for
necessary expenses to carry out the Healthy Forests Reserve Program
under the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6571-6578).
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $100,000,000, to remain available
until expended, of which up to $23,275,000 shall be for the purposes,
and in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in accordance with applicable
statutory and regulatory requirements: Provided, That for funds
provided by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two hundred and
fifty thousand acres in which such activities can be undertaken shall
only apply for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment measures):
Provided further, That of the amounts made available under this
heading, $10,000,000 shall be allocated to projects and activities that
can commence promptly following enactment; that address regional
priorities for flood prevention, agricultural water management,
inefficient irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under the
authorities of section 13 of the Flood Control Act of December 22, 1944
(Public Law 78-534) with a primary purpose of watershed protection by
preventing floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment transport:
Provided further, That of the amounts made available under this
heading, $10,000,000 shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $1,000,000 is provided.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $15,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $1,580,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $300,285,000: Provided,
That of the amount made available under this heading, up to $5,000,000
shall be for the StrikeForce activities of the Department of
Agriculture, and may be transferred to agencies of the Department for
such purpose, consistent with the missions and authorities of such
agencies: Provided further, That notwithstanding any other provision
of law, funds appropriated under this heading may be used for
advertising and promotional activities that support Rural Development
programs: Provided further, That in addition to any other funds
appropriated for purposes authorized by section 502(i) of the Housing
Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such
section, as amended by this Act, will immediately be credited to this
account and will remain available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,250,000,000 shall be for direct loans and $30,000,000,000
shall be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $50,000,000 for section 515 rental housing;
$250,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $23,250,000 shall be for
direct loans; section 504 housing repair loans, $484,000; section 523
self-help housing land development loans, $55,000; section 524 site
development loans, $206,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $4,470,000: Provided, That
to support the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust any
fees to cover the projected cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.),
and the interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section 502
guaranteed loans provided under this heading: Provided further, That
of the amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program funded with
a mutual and self-help housing grant authorized by section 523 of the
Housing Act of 1949 until June 1, 2022: Provided further, That the
Secretary shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily
housing program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to earn a
Return on Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions, grants,
and developer loans at favorable rates and terms, invested in a deal;
and allow reimbursement of organizational costs associated with owner's
oversight of asset referred to as ``Asset Management Fee'' of up to
$7,500 per property.
In addition, for the cost of direct loans and grants, including the
cost of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, $34,000,000, to remain available until expended,
for a demonstration program for the preservation and revitalization of
the sections 514, 515, and 516 multi-family rental housing properties
to restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for the
purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or re-amortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable
returns on investment) required by the Secretary: Provided, That the
Secretary shall, as part of the preservation and revitalization
agreement, obtain a restrictive use agreement consistent with the terms
of the restructuring: Provided further, That any balances, including
obligated balances, available for all demonstration programs for the
preservation and revitalization of sections 514, 515, and 516 multi-
family rental housing properties in the ``Multi-Family Housing
Revitalization Program Account'' shall be transferred to and merged
with this account, and shall also be available for the preservation and
revitalization of sections 514, 515, and 516 multi-family rental
housing properties, including the restructuring of existing USDA multi-
family housing loans: Provided further, That following the transfer of
balances described in the preceding proviso, any adjustments to
obligations for demonstration programs for the preservation and
revitalization of sections 514, 515, and 516 multi-family rental
housing properties that would otherwise be incurred in the ``Multi-
Family Housing Revitalization Program Account'' shall be made in this
account from amounts transferred to this account under the preceding
proviso.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $12,831,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,450,000,000, of which $40,000,000 shall be
available until September 30, 2023; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That upon request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2022 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the fourth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2022 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, $45,000,000, to remain available until expended:
Provided, That the funds made available under this heading shall be
available for rural housing vouchers to any low-income household
(including those not receiving rental assistance) residing in a
property financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided further, That
the amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such vouchers
shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That in addition to any other available
funds, the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative
expenses for activities funded under this heading: Provided further,
That any obligated or unobligated balances for the rural housing
voucher program in the ``Multi-Family Housing Revitalization Program
Account'' shall be transferred to and merged with this account and
available for the rural housing voucher program.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $48,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$239,449,000, to remain available until expended, of which up to
$183,448,714 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) in accordance with applicable statutory and
regulatory requirements except for 7 CFR Sec. 3570.61(c): Provided,
That $6,000,000 of the amount appropriated under this heading shall be
available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to improve
housing, community facilities, community and economic development
projects in rural areas: Provided further, That such funds shall be
made available to qualified private, nonprofit and public intermediary
organizations proposing to carry out a program of financial and
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount not less
than funds provided: Provided further, That any unobligated balances
from prior year appropriations under this heading for the cost of
direct loans, loan guarantees and grants, including amounts deobligated
or cancelled, may be made available to cover the subsidy costs for
direct loans and or loan guarantees under this heading in this fiscal
year: Provided further, That no amounts may be made available pursuant
to the preceding proviso from amounts that were designated by the
Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That $10,000,000 of the amount
appropriated under this heading shall be available for community
facilities grants to tribal colleges, as authorized by section
306(a)(19) of such Act: Provided further, That sections 381E-H and
381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $73,125,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$9,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That of the amount appropriated under
this heading, $2,000,000 shall be for the Rural Innovation Stronger
Economy Grant Program (7 U.S.C. 2008w): Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $1,524,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$167,000 shall be available through June 30, 2022, for Federally
Recognized Native American Tribes; and of which $305,000 shall be
available through June 30, 2022, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $27,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $16,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $3,000,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For gross obligations for the principal amount of direct loans as
authorized by section 379E of the Consolidated Farm and Rural
Development Act (U.S.C. 2008s), $150,000,000.
For the cost of grants, $6,500,000 under the same terms and
conditions as authorized by section 379E of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the cost of a program of loan guarantees and grants, under the
same terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $12,920,000:
Provided, That the cost of loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
healthy food financing initiative
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of
the Agricultural Act of 2014, for necessary expenses of the Secretary
to support projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize low-
income communities, $5,000,000, to remain available until expended:
Provided, That such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act, as
follows: $1,400,000,000 for direct loans; and $50,000,000 for
guaranteed loans.
For the cost of loan guarantees and grants, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, for rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A, 306C, 306D,
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$653,307,000, to remain available until expended, of which not to
exceed $1,000,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which not to
exceed $5,000,000 shall be available for the rural utilities program
described in section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading shall be for
grants authorized by section 306A(i)(2) of the Consolidated Farm and
Rural Development Act in addition to funding authorized by section
306A(i)(1) of such Act: Provided further, That $70,000,000 of the
amount appropriated under this heading shall be for loans and grants
including water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $20,762,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 of the amounts made available under this
heading shall be for solid waste management grants: Provided further,
That $10,000,000 of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service, High
Energy Cost Grants Account to provide grants authorized under section
19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available under
this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 4, 305, 306, and 317 of the Rural Electrification Act of
1936 (7 U.S.C. 904, 935, 936, and 940g) shall be made as follows: loans
made pursuant to sections 4(c), 305(d)(2), 306, and 317,
notwithstanding 317(c) and 4(c)(2), of that Act, rural direct electric
loans, $6,500,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design
and engineering or improvement of fossil-fueled electric generating
plants (whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $2,070,000.
In addition, $11,500,000 to remain available until expended, to
carry out section 6407 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107a): Provided, That the energy efficiency measures
supported by the funding in this paragraph shall contribute in a
demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $62,510,000, to remain
available until expended, of which up to $2,510,000 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed Spending''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in accordance with
applicable statutory and regulatory requirements: Provided, That
$3,000,000 shall be made available for grants authorized by section
379G of the Consolidated Farm and Rural Development Act: Provided
further, That funding provided under this heading for grants under
section 379G of the Consolidated Farm and Rural Development Act may
only be provided to entities that meet all of the eligibility criteria
for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections 601 and
602 of the Rural Electrification Act, $2,272,000, to remain available
until expended: Provided, That the cost of direct loans shall be as
defined in section 502 of the Congressional Budget Act of 1974.
For the broadband loan and grant pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141) under the Rural Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.), $436,605,000, to remain available until
expended, of which up to $36,604,792 shall be for the purposes, and in
the amounts, specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in accordance with applicable statutory and
regulatory requirements: Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out such
pilot program: Provided further, That the cost of direct loans shall
be defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot program
shall be in a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a rural area
without sufficient access to broadband shall be defined as twenty-five
megabytes per second downstream and three megabytes per second
upstream: Provided further, That to the extent possible, projects
receiving funds provided under the pilot program must build out service
to at least one hundred megabytes per second downstream, and twenty
megabytes per second upstream: Provided further, That an entity to
which a loan or grant is made under the pilot program shall not use the
loan or grant to overbuild or duplicate broadband service in a service
area by any entity that has received a broadband loan from the Rural
Utilities Service unless such service is not provided sufficient access
to broadband at the minimum service threshold: Provided further, That
not more than four percent of the funds made available in this
paragraph can be used for administrative costs to carry out the pilot
program and up to three percent of funds made available in this
paragraph may be available for technical assistance and pre-development
planning activities to support the most rural communities: Provided
further, That the Rural Utilities Service is directed to expedite
program delivery methods that would implement this paragraph: Provided
further, That for purposes of this paragraph, the Secretary shall
adhere to the notice, reporting and service area assessment
requirements set forth in section 701 of the Rural Electrification Act
(7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended, for
the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $1,327,000: Provided, That
funds made available by this Act to an agency in the Food, Nutrition
and Consumer Services mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $26,883,922,000 to remain available through September 30,
2023, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $18,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $15,607,000 shall be available to carry out studies and
evaluations and shall remain available until expended: Provided
further, That of the total amount available, $12,000,000 shall remain
available until expended to carry out section 18(g) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)): Provided
further, That notwithstanding section 18(g)(3)(C) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total
grant amount provided to a farm to school grant recipient in fiscal
year 2022 shall not exceed $500,000: Provided further, That of the
total amount available, $30,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety, and
to help support the establishment, maintenance, or expansion of the
school breakfast program: Provided further, That of the total amount
available, $45,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80): Provided further, That of the total amount
available, $2,000,000 shall remain available until expended to carry
out activities authorized under subsections (a)(2) and (e)(2) of
section 21 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769b-1(a)(2) and (e)(2)): Provided further, That of the total
amount available, $6,000,000 shall be available until September 30,
2023 to carry out section 23 of the Child Nutrition Act of 1966 (42
U.S.C. 1793), of which $2,000,000 shall be for grants under such
section to the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, and
American Samoa: Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in
the first sentence by striking ``2010 through 2022'' and inserting
``2010 through 2023'': Provided further, That section 9(h)(3) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``For fiscal year 2021'' and
inserting ``For fiscal year 2022'': Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(h)(4)) is amended in the first sentence by striking ``For fiscal
year 2021'' and inserting ``For fiscal year 2022''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2023: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be used
for infrastructure: Provided further, That none of the funds provided
in this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That none of the funds provided shall be available for activities that
are not fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act: Provided
further, That upon termination of a federally mandated vendor
moratorium and subject to terms and conditions established by the
Secretary, the Secretary may waive the requirement at 7 CFR
246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $140,440,868,000, of which
$3,000,000,000, to remain available through September 30, 2024, shall
be placed in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided, That
funds provided herein shall be expended in accordance with section 16
of the Food and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That of the funds made
available under this heading, $3,000,000, to remain available until
September 30, 2023, shall be used to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for tribal
organizations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2023: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2023: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $440,070,000, to
remain available through September 30, 2023: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2022 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2023: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$170,133,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $908,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,841,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $228,644,000, of which no more than 6 percent shall
remain available until September 30, 2023, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,740,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $237,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
not more than 10 percent, but not less than $23,700,000, shall remain
available until expended to purchase agricultural commodities as
described in subsection 3107(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, which shall be transferred
to and merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$6,095,882,000: Provided, That of the amount provided under this
heading, $1,200,129,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this
account and remain available until expended; $243,473,000 shall be
derived from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
$539,656,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $40,040,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $31,641,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $24,798,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2022 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2022, including
any such fees collected prior to fiscal year 2022 but credited for
fiscal year 2022, shall be subject to the fiscal year 2022 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2022 of user fees specified under this heading and authorized for
fiscal year 2023, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2023 for which the Secretary
accepts payment in fiscal year 2022 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,133,176,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $2,115,017,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs, of which no less than $8,500,000
shall be for pilots to increase unannounced foreign inspections and
shall remain available until expended; (3) $456,882,000 shall be for
the Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $254,255,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $628,639,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $70,348,000
shall be for the National Center for Toxicological Research; (7)
$679,944,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8)
$192,691,000 shall be for Rent and Related activities, of which
$53,832,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) $235,691,000 shall
be for payments to the General Services Administration for rent; and
(10) $329,239,000 shall be for other activities, including the Office
of the Commissioner of Food and Drugs, the Office of Food Policy and
Response, the Office of Operations, the Office of the Chief Scientist,
and central services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds
pursuant to, and for the administration of, section 770(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be
from amounts made available under this heading for other activities and
shall not exceed $2,000,000: Provided further, That of the amounts
that are made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for ``Department of
Health and Human Services--Office of Inspector General'' for oversight
of the programs and operations of the Food and Drug Administration and
shall be in addition to funds otherwise made available for oversight of
the Food and Drug Administration: Provided further, That funds may be
transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of
Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and fees
relating to over-the-counter monograph drugs authorized by 21 U.S.C.
379j-72 shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $12,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $50,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $320,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$20,000,000 shall remain available until September 30, 2023, and of
which not less than $4,017,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the limitations
in 31 U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this Act:
Provided further, That for the purpose of recording and liquidating any
lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
In addition, for move, replication, and related costs associated
with replacement leases for the Commission's facilities, not to exceed
$62,000,000, to remain available until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $84,200,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an
amount in its sole discretion, from the application of the limitation
provided in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in subclause
(II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this
purpose, so long as the total number of vehicles purchased in fiscal
year 2022 does not exceed the number of vehicles owned or leased in
fiscal year 2018: Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety: Provided further,
That the Secretary may not increase the Department of Agriculture's
fleet above the 2018 level unless the Secretary notifies in writing,
and receives approval from, the Committees on Appropriations of both
Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of property, plant and equipment and for the improvement,
delivery, and implementation of Department financial, and
administrative information technology services, and other support
systems necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until expended:
Provided, That none of the funds made available by this Act or any
other Act shall be transferred to the Working Capital Fund without the
prior approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to
initiate, plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer, co-
located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of
section 716 of this Act: Provided further, That the National Finance
Center Information Technology Services Division personnel and data
center management responsibilities, and control of any functions,
missions, and systems for current and future human resources management
and integrated personnel and payroll systems (PPS) and functions
provided by the Chief Financial Officer and the Chief Information
Officer shall remain in the National Finance Center and under the
management responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of Agriculture
and the offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies National
Finance Center shared services including, but not limited to, payroll,
financial management, and human capital shared services and allow the
National Finance Center to perform technology upgrades: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture attributable to the amounts in excess of
the true costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial, administrative,
and information technology services, and other systems of the National
Finance Center or to pay any unforeseen, extraordinary cost of the
National Finance Center: Provided further, That none of the amounts
reserved shall be available for obligation unless the Secretary submits
written notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
limitations on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared
state of emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the National
Finance Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
Rural Utilities Service borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured or
direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower under such
Act.
Sec. 709. (a) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2023, for
information technology expenses.
(b) Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development mission
area shall remain available through September 30, 2023, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated
with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,391,211,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of section 32 Commodity Purchases--$36,810,000:
Provided, That, of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2022, such
unobligated balances shall carryover into fiscal year 2023 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2023 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing and receive approval from the Committees on
Appropriations of both Houses of Congress before implementing any
program or activity not carried out during the previous fiscal year
unless the program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves increasing
or decreasing funds in the current fiscal year for the individual
investment in excess of $500,000 or 10 percent of the total cost,
whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 722. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $621,672,000 are
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 723. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of property, plant
and equipment, including equipment for the improvement, delivery, and
implementation of Departmental financial management, information
technology, and other support systems necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as defined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31 U.S.C.
9701 after the date of the enactment of this Act.
Sec. 729. None of the funds made available by this or any other
Act may be used to carry out the final rule promulgated by the Food and
Drug Administration and put into effect November 16, 2015, in regards
to the hazard analysis and risk-based preventive control requirements
of the current good manufacturing practice, hazard analysis, and risk-
based preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 730. The National Bio and Agro-Defense Facility shall be
transferred this or any fiscal year hereafter without reimbursement
from the Secretary of Homeland Security to the Secretary of
Agriculture.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of any
audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 732. None of the funds made available by this Act may be used
to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner
inconsistent with section 343(a)(13) of the Consolidated Farm and Rural
Development Act.
Sec. 733. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the
issuance of licenses under section 3 of the Animal Welfare Act (7
U.S.C. 2133), or the renewal of such licenses, to class B dealers who
sell Random Source dogs and cats for use in research, experiments,
teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each Federally recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act for
direct loans and grants under the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Business-Cooperative Service--Rural
Microentrepreneur Assistance Program''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent feasible,
at least 10 percent of the funds shall be allocated for assistance in
persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits, any
county seat of such a persistent poverty county that has a population
that does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect
to specific activities for which program levels have been made
available by this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program level.
Sec. 737. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of entities that
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or
almonds.
Sec. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2023, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 740. For school years 2021-2022 and 2022-2023, none of the
funds made available by this Act may be used to implement or enforce
the matter following the first comma in the second sentence of footnote
(c) of section 220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act
of 1946, or section 10114 of the Agriculture Improvement Act of
2018; or
(2) to prohibit the transportation, processing, sale, or use of
hemp, or seeds of such plant, that is grown or cultivated in
accordance with section 7606 of the Agricultural Act of 2014 or
Subtitle G of the Agricultural Marketing Act of 1946, within or
outside the State in which the hemp is grown or cultivated.
Sec. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 746. There is hereby appropriated $3,000,000, to carry out
section 4208 of Public Law 115-334, including for project locations in
additional regions and timely completion of required reporting to
Congress.
Sec. 747. There is hereby appropriated $4,000,000 to carry out
section 12301 of Public Law 115-334.
Sec. 748. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 749. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 750. In this fiscal year, and notwithstanding any other
provision of law, ARS facilities as described in the ``Memorandum of
Understanding Between the U.S. Department of Agriculture Animal and
Plant Health Inspection Service (APHIS) and the U.S. Department of
Agriculture Agricultural Research Service (ARS) Concerning Laboratory
Animal Welfare'' (16-6100-0103-MU Revision 16-1) shall be inspected by
APHIS for compliance with the Animal Welfare Act and its regulations
and standards.
Sec. 751. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 752. For school year 2022-2023, only a school food authority
that had a negative balance in the nonprofit school food service
account as of December 31, 2021, shall be required to establish a price
for paid lunches in accordance with section 12(p) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(p)).
Sec. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry out
a pilot program that assists rural hospitals to improve long-term
operations and financial health by providing technical assistance
through analysis of current hospital management practices.
Sec. 754. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture for
purposes of making such grants.
Sec. 755. Section 313(b) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 940c(b)), shall be applied for fiscal year 2022
and each fiscal year thereafter until the specified funding has been
expended as if the following were inserted after the final period in
subsection (b)(2): ``In addition, the Secretary shall use $425,000,000
of funds available in this subaccount in fiscal year 2019 for an
additional amount for the same purpose and under the same terms and
conditions as funds appropriated by section 779 of Public Law 115-141,
shall use $255,000,000 of funds available in this subaccount in fiscal
year 2020 for an additional amount for the same purpose and under the
same terms and conditions as funds appropriated by section 779 of
Public Law 115-141, shall use $104,000,000 of funds available in this
subaccount in fiscal year 2021 for an additional amount for the same
purpose and under the same terms and conditions as funds appropriated
by section 779 of Public Law 115-141, and shall use $50,000,000 of
funds available in this subaccount in fiscal year 2022 for an
additional amount for the same purpose and under the same terms and
conditions as funds appropriated by section 779 of Public Law 115-
141.'': Provided, That any use of such funds shall be treated as a
reprogramming of funds under section 716 of this Act: Provided
further, That section 775(b) of division A of Public Law 116-260 shall
no longer apply.
Sec. 756. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of
Public Law 115-334.
Sec. 757. For an additional amount for ``National Institute of
Food and Agriculture--Research and Education Activities'', $1,000,000,
to develop a public-private cooperative framework based on open data
standards for neutral data repository solutions to preserve and share
the big data generated by technological advancements in the agriculture
industry and for the preservation and curation of data in collaboration
with land-grant universities.
Sec. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any
staff office or any agency from the mission area in which it was
located on August 1, 2018, to any other mission area or office within
the Department in the absence of the enactment of specific legislation
affirming such move.
Sec. 759. The Secretary, acting through the Chief of the Natural
Resources Conservation Service, may use funds appropriated under this
Act or any other Act for the Watershed and Flood Prevention Operations
Program and the Watershed Rehabilitation Program carried out pursuant
to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), and for the Emergency Watershed Protection Program carried out
pursuant to section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) to provide technical services for such programs pursuant
to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
3851(a)(1)), notwithstanding subsection (c) of such section.
Sec. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141), the Secretary of Agriculture may, for purposes of
determining entities eligible to receive assistance, consider those
communities which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the heading
``Distance Learning, Telemedicine, and Broadband Program'' for the
purposes of the pilot program established by section 779 of Public Law
115-141 may be used for this purpose.
Sec. 761. There is hereby appropriated $24,525,000 for the
Goodfellow Federal facility, to remain available until expended, of
which $12,000,000 shall be transferred to and merged with the
appropriation for ``Office of the Chief Information Officer'', and of
which $12,525,000 shall be transferred to and merged with the
appropriation for ``Food Safety and Inspection Service''.
Sec. 762. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note;
Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code of
Federal Regulations (or a successor regulation).
Sec. 763. For an additional amount for ``National Institute of
Food and Agriculture--Research and Education Activities'', $300,000,
for the Under Secretary for Research, Education, and Economics to
convene a blue-ribbon panel for the purpose of evaluating the overall
structure of research and education through the public and land-grant
universities, including 1890 Institutions, to define a new architecture
that can better integrate, coordinate, and assess economic impact of
the collective work of these institutions.
Sec. 764. For an additional amount for ``National Institute of
Food and Agriculture--Research and Education Activities'', $5,000,000,
to remain available until September 30, 2023, for a competitive grant
to an institution in the land-grant university system to establish a
Farm of the Future testbed and demonstration site.
Sec. 765. Section 788(b) of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended to read as
follows:
``(b) hereafter, make publicly available via searchable database,
in their entirety without redactions except signatures, the following
records:
``(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare Act violations
and non-compliances observed by USDA officials and all animal
inventories for the current year and the preceding three years;
``(2) all final Animal Welfare Act and Horse Protection Act
enforcement records for the current year and the preceding three
years;
``(3) all reports or other materials documenting any violations
and non-compliances observed by USDA officials for the current year
and the preceding three years; and
``(4) within six months of receipt by the agency, all final
Animal Welfare Act research facility annual reports, including
their attachments with appropriate redactions made for confidential
business information that USDA could withhold under FOIA Exemption
4.''.
Sec. 766. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 767. There is hereby appropriated $5,000,000, to remain
available until expended, to establish a National Farm to School
Institute to provide technical and practical assistance to Farm to
School programs across the country and shall be located at Shelburne
Farms in Shelburne, VT.
Sec. 768. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall, not
later than September 30, 2022, and following the review required under
Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net effects of
seafood consumption.
Sec. 769. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 770. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2022, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 771. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law 115-
334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
Sec. 772. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior to the
effective date of the National Bioengineered Food Disclosure Standard
(February 19, 2019) shall include the words ``genetically engineered''
prior to the existing acceptable market name.
Sec. 773. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(i)(2)) is amended by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
Sec. 774. There is hereby appropriated $500,000 to carry out the
duties of the working group established under section 770 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat.
89).
Sec. 775. (a) There is hereby appropriated $3,000,000, to remain
available until expended, for a pilot program for the Animal and Plant
Health Inspection Service to provide grants to State departments of
agriculture and forestry commissions in states identified in the final
environmental assessment published in the Federal Register on September
23, 2020 (85 Fed. Reg. 59735), to combat and treat cogongrass through
established cogongrass control programs.
(b) Not to exceed 2 percent of the funds provided under this
section shall be available for necessary costs of grant administration.
Sec. 776. Section 764(d)(3)(B) of division N of Public Law 116-260
is amended by inserting ``and fiscal year 2022'' after ``fiscal year
2021'' and before the final period.
Sec. 777. Section 6402(f) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter
preceding paragraph (1) by striking ``section 210A(d)(2)'' and
inserting ``section 210A(d)(5)(D)''.
Sec. 778. For an additional amount for the Office of the
Secretary, $30,000,000, to remain available until expended, to
establish an Institute for Rural Partnerships: Provided, That the
Secretary shall establish a grant program and distribute the funds to
three geographically diverse established land-grant universities:
Provided further, That the Institute for Rural Partnerships shall
dedicate resources to researching the causes and conditions of
challenges facing rural areas, and develop community partnerships to
address such challenges: Provided further, That administrative or
other fees shall not exceed one percent: Provided further, That such
partnership shall coordinate and publish an annual report.
Sec. 779. There is hereby appropriated $1,000,000, to remain
available until September 30, 2023, for a Cattle Contracts Library
pilot program that the Agricultural Marketing Service shall develop and
maintain within the Livestock, Poultry, and Grain Market News Division.
This program shall be similar, as determined by the Secretary, to the
swine contract library the U.S. Department of Agriculture currently
maintains pursuant to section 222 of the Packers and Stockyards Act (7
U.S.C. 198a). The promulgation of the regulations and administration of
this section shall be made without regard to: (1) the notice and
comment provisions of section 553 of title 5; and (2) chapter 35 of
title 44 (commonly known as the ``Paperwork Reduction Act'').
Sec. 780. There is hereby appropriated $10,000,000, to remain
available until expended, for costs associated with the establishment
of an Institute of Rural Partnership, located at the University of
Vermont, Burlington, VT.
Sec. 781. Notwithstanding any provision of law that regulates the
calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act, 21
U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et
seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for
the cost of inspection services provided outside of an establishment's
approved inspection shifts, and for inspection services provided on
Federal holidays: Provided, That any sums charged pursuant to this
paragraph shall be deemed as overtime pay or holiday pay under section
1001(d) of the American Rescue Plan Act of 2021 (Public Law 117-2, 135
Stat. 242): Provided further, That sums received by the Secretary
under this paragraph shall, in addition to other available funds,
remain available until expended to the Secretary without further
appropriation for the purpose of funding all costs associated with FSIS
inspections.
Sec. 782. Of the unobligated balances from prior year
appropriations made available under the heading ``Farm Service Agency--
Agricultural Credit Insurance Fund Program Account'', $90,000,000 are
hereby rescinded.
Sec. 783. Of the unobligated balances from prior year
appropriations made available under the heading ``Agriculture Buildings
and Facilities'', $73,400,000 are hereby rescinded.
Sec. 784. (a) Designation.--The Federal building located at 1636
East Alisal Street, Salinas, California, shall be known and designated
as the ``Sam Farr United States Crop Improvement and Protection
Research Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Sam Farr United States Crop Improvement and Protection Research
Center''.
Sec. 785. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
activities pursuant to 21 U.S.C. 136a(6), and in addition to any other
funds made available for this purpose, there is appropriated, out of
any money in the Treasury not otherwise appropriated, $250,000,000, to
remain available until September 30, 2023, to offset the loss resulting
from the coronavirus pandemic of quarantine and inspection fees
collected pursuant to sections 2508 and 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a): Provided,
That amounts made available in this section shall be treated as funds
collected by fees authorized under sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a)
for purposes of section 421(f) of the Homeland Security Act of 2002 (6
U.S.C. 231(f)).
Sec. 786. The matter under the heading ``Department of
Agriculture--Rural Development Programs--Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband'' in title I of division
J of Public Law 117-58 is amended--
(1) in the eighth proviso, by striking ``electric
cooperatives'' and inserting ``pole owners'' and;
(2) in the ninth proviso, by inserting a comma after
``Corporations''.
Provided, That amounts repurposed pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
Sec. 787. The Secretary shall use funds made available under the
heading ``Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC)'' to increase the amount of a cash-value voucher for
women and children participants to an amount recommended by the
National Academies of Science, Engineering and Medicine and adjusted
for inflation.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2022''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of United States firms,
without regard to sections 3702 and 3703 of title 44, United States
Code; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the International
Trade Administration between two points abroad, without regard to
section 40118 of title 49, United States Code; employment of citizens
of the United States and aliens by contract for services; rental of
space abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in foreign
countries; not to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; not to exceed $325,000 for purchase
of armored vehicles without regard to the general purchase price
limitations; obtaining insurance on official motor vehicles; and rental
of tie lines, $570,000,000, of which $80,000,000 shall remain available
until September 30, 2023: Provided, That $11,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31, United States
Code: Provided further, That, of amounts provided under this heading,
not less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities: Provided
further, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$141,000,000, of which $52,410,000 shall remain available until
expended: Provided, That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That
payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27 and 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
3723), as amended, $330,000,000 to remain available until expended, of
which $45,000,000 shall be for grants under such section 27 and
$2,000,000 shall be for grants under such section 28: Provided, That
any deviation from the amounts designated for specific activities in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $43,500,000: Provided,
That funds provided under this heading may be used to monitor projects
approved pursuant to title I of the Public Works Employment Act of
1976; title II of the Trade Act of 1974; sections 27 and 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
3723), as amended; and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprises, including
expenses of grants, contracts, and other agreements with public or
private organizations, $55,000,000, of which not more than $18,000,000
shall be available for overhead expenses, including salaries and
expenses, rent, utilities, and information technology services.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$116,000,000, to remain available until September 30, 2023.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$300,000,000: Provided, That, from amounts provided herein, funds may
be used for promotion, outreach, and marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $1,054,000,000, to remain available until
September 30, 2023: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities:
Provided further, That within the amounts appropriated, $3,556,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $50,000,000,
to remain available until September 30, 2023: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $4,058,410,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2022, so as to result in a fiscal year 2022
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2022, should the total amount of such
offsetting collections be less than $4,058,410,000, this amount shall
be reduced accordingly: Provided further, That any amount received in
excess of $4,058,410,000 in fiscal year 2022 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That the budget of the
President submitted for fiscal year 2023 under section 1105 of title
31, United States Code, shall include within amounts provided under
this heading for necessary expenses of the USPTO any increases that are
expected to result from an increase promulgated through rule or
regulation in offsetting collections of fees and surcharges assessed
and collected by the USPTO under any law in either fiscal year 2022 or
fiscal year 2023: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2022 for
official reception and representation expenses: Provided further, That
in fiscal year 2022 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $2,000,000 shall be transferred
to the ``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related to the
USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $850,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That of the amounts appropriated under this
heading, $37,598,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
``NIST External Projects'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That the amounts made available for the
projects referenced in the preceding proviso may not be transferred for
any other purpose: Provided further, That not to exceed $5,000 shall
be for official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$174,500,000, to remain available until expended, of which $158,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $16,500,000 shall be for the Manufacturing USA Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $205,563,000, to remain available
until expended: Provided, That of the amounts appropriated under this
heading, $125,563,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
``NIST Extramural Construction'' in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That up to one percent of amounts made
available for the projects referenced in the preceding proviso may be
used for the administrative costs of such projects: Provided further,
That the Director of the National Institute of Standards and Technology
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate for any amounts made available
by the preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That the Secretary of
Commerce shall include in the budget justification materials for fiscal
year 2023 that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) an
estimate for each National Institute of Standards and Technology
construction project having a total multi-year program cost of more
than $5,000,000, and simultaneously the budget justification materials
shall include an estimate of the budgetary requirements for each such
project for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for State-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $4,157,311,000, to remain available until
September 30, 2023: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and expenses
associated with those activities, notwithstanding section 3302 of title
31, United States Code: Provided further, That in addition,
$243,532,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries Data
Collections, Surveys, and Assessments; Observers and Training;
Fisheries Management Programs and Services; and Interjurisdictional
Fisheries Grants: Provided further, That not to exceed $67,867,000
shall be for payment to the ``Department of Commerce Working Capital
Fund'': Provided further, That of the $4,423,843,000 provided for in
direct obligations under this heading, $4,157,311,000 is appropriated
from the general fund, $243,532,000 is provided by transfer, and
$23,000,000 is derived from recoveries of prior year obligations:
Provided further, That of the amounts appropriated under this heading,
$84,354,000 shall be used for the projects, and in the amounts,
specified in the table immediately following the paragraph ``NOAA
Community Project Funding/NOAA Special Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts made
available for the projects referenced in the preceding proviso may not
be transferred for any other purpose: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, That, of the amounts appropriated under this heading,
$750,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to National Weather Service operations: Provided
further, That in addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and their
dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55),
such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,672,689,000, to remain available
until September 30, 2024, except that funds provided for acquisition
and construction of vessels and aircraft, and construction of
facilities shall remain available until expended: Provided, That of
the $1,685,689,000 provided for in direct obligations under this
heading, $1,672,689,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That the Secretary of Commerce
shall include in budget justification materials for fiscal year 2023
that the Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate for each
National Oceanic and Atmospheric Administration procurement,
acquisition or construction project having a total of more than
$5,000,000 and simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project for each
of the 5 subsequent fiscal years: Provided further, That, within the
amounts appropriated, $3,000,000 shall be transferred to the ``Office
of Inspector General'' account for activities associated with carrying
out investigations and audits related to satellite and vessel
procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2023: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the federally recognized
Tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of Tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2022, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $80,000,000: Provided, That no
employee of the Department of Commerce may be detailed or assigned from
a bureau or office funded by this Act or any other Act to offices
within the Office of the Secretary of the Department of Commerce for
more than 180 days in a fiscal year unless the individual's employing
bureau or office is fully reimbursed for the salary and expenses of the
employee for the entire period of assignment using funds provided under
this heading: Provided further, That amounts made available to the
Department of Commerce in this or any prior Act may not be transferred
pursuant to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary circumstances
that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $1,100,000.
nonrecurring expenses fund
For necessary expenses for technology modernization projects and
cybersecurity risk mitigation of the Department of Commerce,
$30,000,000, to remain available until September 30, 2024, of which up
to $20,000,000 shall be available for a business application system
modernization: Provided, That amounts made available under this
heading are in addition to such other funds as may be available for
such purposes: Provided further, That any unobligated balances of
expired discretionary funds transferred to the Department of Commerce
Nonrecurring Expenses Fund, as authorized by section 111 of title I of
division B of Public Law 116-93, may be obligated only after the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of the planned use of
funds.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $35,783,000: Provided, That notwithstanding section 6413
of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law
112-96), an additional $2,000,000, to remain available until expended,
shall be derived from the Public Safety Trust Fund for activities
associated with carrying out investigations and audits related to the
First Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2022: Provided, That the
life cycle cost for the Joint Polar Satellite System is
$11,322,125,000, the life cycle cost of the Polar Follow On Program is
$6,837,900,000, the life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $11,700,100,000, and the
life cycle cost for the Space Weather Follow On Program is
$692,800,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not limited
to utilities, telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space that
persons, firms, or organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to use or
occupy in the Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of
1949 on a reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian Tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, Tribal government, Territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2023, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. Amounts provided by this Act for the Hollings
Manufacturing Extension Partnership under the heading ``National
Institute of Standards and Technology--Industrial Technology Services''
shall not be subject to cost share requirements under 15 U.S.C.
278k(e)(2): Provided, That the authority made available pursuant to
this section shall be elective, in whole or in part, for any
Manufacturing Extension Partnership Center that also receives funding
from a State that is conditioned upon the application of a Federal cost
sharing requirement.
Sec. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive--
(1) in whole or in part, the matching requirements under
sections 306 and 306A, and the cost sharing requirements under
section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455, 1455a, and 1461) as necessary at the request of the grant
applicant, for amounts made available under this Act under the
heading ``Operations, Research, and Facilities'' under the heading
``National Oceanic and Atmospheric Administration''; and
(2) up to 50 percent of the matching requirements under
sections 306 and 306A, and the cost sharing requirements under
section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455, 1455a, and 1461) as necessary at the request of the grant
applicant, for amounts made available under this Act under the
heading ``Procurement, Acquisition and Construction'' under the
heading ``National Oceanic and Atmospheric Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2022''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $127,794,000, of which $4,000,000 shall remain available until
September 30, 2023, and of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$38,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$760,000,000, of which $4,000,000 shall be derived by transfer from the
Executive Office for Immigration Review fees deposited in the
``Immigration Examinations Fee'' account, and of which not less than
$24,000,000 shall be available for services and activities provided by
the Legal Orientation Program: Provided, That not to exceed
$50,000,000 of the total amount made available under this heading shall
remain available until September 30, 2026.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$118,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2023.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $14,238,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $1,000,000,000, of which not to exceed $50,000,000 for
litigation support contracts and information technology projects,
including cybersecurity and hardening of critical networks, shall
remain available until expended: Provided, That of the amount provided
for INTERPOL Washington dues payments, not to exceed $685,000 shall
remain available until expended: Provided further, That of the total
amount appropriated, not to exceed $9,000 shall be available to
INTERPOL Washington for official reception and representation expenses:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to the Criminal Division for official
reception and representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination by the
Attorney General that emergent circumstances require additional funding
for litigation activities of the Civil Division, the Attorney General
may transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current fiscal year
for the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, $19,000,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund and to remain available until
expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $192,776,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $138,000,000 in fiscal year 2022),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2022, so as to result in a final fiscal year 2022 appropriation
from the general fund estimated at $54,776,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,419,868,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $239,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits of
discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available in such
amounts as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, fees
deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited by
section 589a(f)(2) of title 28, United States Code), shall be retained
and used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That to the extent that
fees deposited into the Fund as discretionary offsetting collections in
fiscal year 2022, net of amounts necessary to pay refunds due
depositors, exceed $239,000,000, those excess amounts shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees
are received during fiscal year 2022, net of amounts necessary to pay
refunds due depositors, (estimated at $413,000,000) and (2) to the
extent that any remaining general fund appropriations can be derived
from amounts deposited in the Fund as discretionary offsetting
collections in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2022 appropriation
from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,434,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $25,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$21,000,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,580,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
construction
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $2,123,015,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $120,681,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $550,458,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $10,136,295,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $284,000
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by
purchase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities;
$632,000,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,421,522,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses: Provided, That, notwithstanding section 3672 of Public Law
106-310, up to $10,000,000 may be used to reimburse States, units of
local government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated with
clandestine methamphetamine laboratories, conversion and extraction
operations, tableting operations, or laboratories and processing
operations for fentanyl and fentanyl-related substances which may
present a danger to public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,531,071,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $25,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,865,000,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First Step
Act of 2018 (Public Law 115-391): Provided further, That the Attorney
General may transfer to the Department of Health and Human Services
such amounts as may be necessary for direct expenditures by that
Department for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
until expended for necessary operations: Provided further, That, of
the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$235,000,000, to remain available until expended, of which $176,000,000
shall be available only for costs related to construction of new
facilities: Provided, That labor of United States prisoners may be
used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386) (``the 2000
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Violence Against Women Reauthorization Act of 2013 (Public Law 113-
4) (``the 2013 Act''); the Justice for Victims of Trafficking Act of
2015 (Public Law 114-22) (``the 2015 Act''); and the Abolish Human
Trafficking Act (Public Law 115-392); and for related victims services,
$575,000,000, to remain available until expended, of which $575,000,000
shall be derived by transfer from amounts available for obligation in
this Act from the Fund established by section 1402 of chapter XIV of
title II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding
section 1402(d) of such Act of 1984, and merged with the amounts
otherwise made available under this heading: Provided, That except as
otherwise provided by law, not to exceed 5 percent of funds made
available under this heading may be used for expenses related to
evaluation, training, and technical assistance: Provided further, That
of the amount provided--
(1) $217,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $43,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and the
Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues addressed
by grant programs of the Office on Violence Against Women, which
shall be transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs;
(4) $15,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage men
and youth in preventing such violence; and assistance to middle and
high school students through education and other services related
to such violence, of which $3,000,000 is to engage men and youth in
preventing domestic violence, dating violence, sexual assault, and
stalking: Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and 41305 of
the 1994 Act, prior to its amendment by the 2013 Act, shall be
available for this program: Provided further, That 10 percent of
the total amount available for this grant program shall be
available for grants under the program authorized by section 2015
of the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
program;
(5) $55,000,000 is for grants to encourage arrest policies as
authorized by part U of the 1968 Act, of which $4,000,000 is for a
homicide reduction initiative and up to $4,000,000 is for a
domestic violence lethality reduction initiative;
(6) $54,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $48,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(8) $22,000,000 is for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act and
notwithstanding the restrictions of section 304(a)(2) of such Act,
of which $11,000,000 is for grants to Historically Black Colleges
and Universities, Hispanic-Serving Institutions, and Tribal
colleges;
(9) $50,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $7,500,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40801 of the 1994 Act;
(11) $20,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of the
1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $7,500,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of the
2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by the
Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $5,500,000 is for grants to assist Tribal Governments in
exercising special domestic violence criminal jurisdiction, as
authorized by section 904 of the 2013 Act: Provided, That the
grant conditions in section 40002(b) of the 1994 Act shall apply to
this program;
(17) $1,500,000 is for the purposes authorized under the 2015
Act;
(18) $11,000,000 is for a grant program to support restorative
justice responses to domestic violence, dating violence, sexual
assault, and stalking, including evaluations of those responses:
Provided, That the definitions and grant conditions in section
40002 of the 1994 Act, and in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act), shall apply to this program;
(19) $10,000,000 is for culturally specific services for
victims, as authorized by section 121 of the 2005 Act; and
(20) $3,000,000 is for an initiative to support cross-
designation of tribal prosecutors as Tribal Special Assistant
United States Attorneys: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
initiative.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21) (``the
PROTECT Act''); the Justice for All Act of 2004 (Public Law 108-405);
the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162) (``the 2005 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of
2007 (Public Law 110-199); the Victims of Crime Act of 1984 (Public Law
98-473); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle C of title II of the Homeland
Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the
Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA''); the
NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198); the First Step Act of 2018 (Public Law 115-
391); and other programs, $70,000,000, to remain available until
expended, of which--
(1) $40,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act; and
(2) $30,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I
of the 1968 Act and subtitle C of title II of the 2002 Act, and for
activities authorized by or consistent with the First Step Act of
2018, of which $1,500,000 is for a feasibility study to create a
system to monitor abuse in youth-serving organizations.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle C of title II of
the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the Prison Rape Elimination Act of 2003 (Public Law 108-79);
the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-
473); the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-416); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198) (``CARA''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); Kevin and Avonte's
Law (division Q of Public Law 115-141) (``Kevin and Avonte's Law'');
the Keep Young Athletes Safe Act of 2018 (title III of division S of
Public Law 115-141) (``the Keep Young Athletes Safe Act''); the STOP
School Violence Act of 2018 (title V of division S of Public Law 115-
141) (``the STOP School Violence Act''); the Fix NICS Act of 2018
(title VI of division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115-
185); the SUPPORT for Patients and Communities Act (Public Law 115-
271); the Second Chance Reauthorization Act of 2018 (Public Law 115-
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act (Public Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-
401); the Missing Persons and Unidentified Remains Act of 2019 (Public
Law 116-277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507) and other
programs, $2,213,000,000, to remain available until expended as
follows--
(1) $674,500,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g), of title I of
the 1968 Act shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and Survivability
(VALOR);
(B) $2,400,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Persons
System;
(C) $10,000,000 is for a grant program for State and local
law enforcement to provide officer training on responding to
individuals with mental illness or disabilities;
(D) $4,000,000 is for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government, and
other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79);
(F) $3,000,000 is for the Missing Americans Alert Program
(title XXIV of the 1994 Act), as amended by Kevin and Avonte's
Law;
(G) $20,000,000 is for grants authorized under the Project
Safe Neighborhoods Grant Authorization Act of 2018 (Public Law
115-185);
(H) $12,000,000 is for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law 108-
405, and for grants for wrongful conviction review;
(I) $3,000,000 is for a national center on restorative
justice;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti Alert
Act of 2018 (Public Law 115-401);
(K) $3,500,000 is for a grant program to replicate family-
based alternative sentencing pilot programs;
(L) $2,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(M) $8,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
(N) $5,000,000 is for grants authorized under the Missing
Persons and Unidentified Remains Act of 2019 (Public Law 116-
277);
(O) $4,000,000 is for a drug data research center to combat
opioid abuse;
(P) $1,500,000 is for grants to accredited institutions of
higher education to support forensic ballistics programs; and
(Q) $184,707,000 is for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation), which shall be used for the
projects, and in the amounts, specified under the heading,
``Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants'', in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such amounts may not be
transferred for any other purpose;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater than
the actual cost for Federal immigration and other detainees housed
in State and local detention facilities;
(3) $88,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law 106-
386, for programs authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $12,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110-403, of
which not less than $2,500,000 is for intellectual property
enforcement grants including as authorized by section 401, and
$2,000,000 is for grants to develop databases on Internet of Things
device capabilities and to build and execute training modules for
law enforcement;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of title I
of the 1968 Act: Provided, That $1,500,000 shall be transferred
directly to the National Institute of Standards and Technology's
Office of Law Enforcement Standards for research, testing, and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public Website;
(8) $95,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal Background
Check System, of which no less than $25,000,000 shall be for grants
made under the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180) and Fix NICS Act of 2018;
(9) $33,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $151,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $15,000,000 for other local, State, and Federal
forensic activities;
(C) $12,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $50,000,000 for community-based grant programs to improve
the response to sexual assault, including assistance for
investigation and prosecution of related cold cases;
(12) $14,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $50,000,000 for assistance to Indian Tribes;
(14) $115,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-199)
and by the Second Chance Reauthorization Act of 2018 (Public Law
115-391), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed--
(A) $8,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies;
(B) $5,000,000 is for children of incarcerated parents
demonstration programs to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in
probation, of which no less than $500,000 shall be used for a
project that provides training, technical assistance, and best
practices; and
(D) $10,000,000 is for a grant program for crisis
stabilization and community reentry, as authorized by the
Crisis Stabilization and Community Reentry Act of 2020 (Public
Law 116-281):
Provided, That up to $7,500,000 of funds made available in this
paragraph may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive Housing
Model and reentry housing;
(15) $415,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the following
programs, which shall address opioid, stimulant, and substance use
disorders consistent with underlying program authorities, of
which--
(A) $88,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $40,000,000 is for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $40,000,000 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $29,000,000 is for a veterans treatment courts program;
(E) $33,000,000 is for a program to monitor prescription
drugs and scheduled listed chemical products; and
(F) $185,000,000 is for a comprehensive opioid, stimulant,
and substance abuse program;
(16) $2,500,000 for a competitive grant program authorized by
the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the Bureau of
Justice Assistance for purposes authorized under the STOP School
Violence Act;
(18) $3,000,000 for grants to State and local law enforcement
agencies for the expenses associated with the investigation and
prosecution of criminal offenses involving civil rights, authorized
by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act
of 2016 (Public Law 114-325);
(19) $13,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and training
on hate crimes and to investigate and prosecute hate crimes, as
authorized by section 4704 of the Matthew Shepard and James Byrd,
Jr. Hate Crimes Prevention Act (Public Law 111-84);
(20) $5,000,000 for grants to support community-based
approaches to advancing justice and reconciliation, facilitating
dialogue between all parties, building local capacity, de-
escalating community tensions, and preventing hate crimes through
conflict resolution and community empowerment and education;
(21) $120,000,000 for initiatives to improve police-community
relations, of which $35,000,000 is for a competitive matching grant
program for purchases of body-worn cameras for State, local, and
Tribal law enforcement; $35,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice reform and
recidivism reduction; and $50,000,000 is for a community violence
intervention and prevention initiative; and
(22) $5,000,000 for programs authorized under the Jabara-Heyer
NO HATE Act (34 U.S.C. 30507):
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service: Provided further, That in
the spending plan submitted pursuant to section 528 of this Act, the
Office of Justice Programs shall specifically and explicitly identify
all changes in the administration of competitive grant programs for
fiscal year 2022, including changes to applicant eligibility, priority
areas or weightings, and the application review process.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the PROTECT Act (Public Law 108-21); the Victims of Child Abuse
Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public Law
110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Missing
Children's Assistance Act of 2018 (Public Law 115-267); the Juvenile
Justice Reform Act of 2018 (Public Law 115-385); the Victims of Crime
Act of 1984 (chapter XIV of title II of Public Law 98-473) (``the 1984
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198); and other juvenile justice programs, $360,000,000, to
remain available until expended as follows--
(1) $70,000,000 for programs authorized by section 221 of the
1974 Act, and for training and technical assistance to assist
small, nonprofit organizations with the Federal grants process:
Provided, That of the amounts provided under this paragraph,
$500,000 shall be for a competitive demonstration grant program to
support emergency planning among State, local, and Tribal juvenile
justice residential facilities;
(2) $102,000,000 for youth mentoring grants;
(3) $49,500,000 for delinquency prevention, of which, pursuant
to sections 261 and 262 of the 1974 Act--
(A) $4,000,000 shall be for grants to prevent trafficking
of girls;
(B) $14,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
(D) $4,500,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(E) $12,000,000 shall be for an initiative relating to
youth affected by opioids, stimulants, and other substance use;
(F) $8,000,000 shall be for an initiative relating to
children exposed to violence; and
(G) $5,000,000 shall be for grants to protect vulnerable
and at-risk youth;
(4) $33,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $99,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974
Act (except that section 102(b)(4)(B) of the PROTECT Our Children
Act of 2008 (Public Law 110-401) shall not apply for purposes of
this Act);
(6) $4,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(3) and (6) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $30,000,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); the Law Enforcement Mental Health and
Wellness Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for
Patients and Communities Act (Public Law 115-271); and the Supporting
and Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the
STOIC Act''), $511,744,000, to remain available until expended:
Provided, That any balances made available through prior year
deobligations shall only be available in accordance with section 505 of
this Act: Provided further, That of the amount provided under this
heading--
(1) $246,000,000 is for grants under section 1701 of title I of
the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (I) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law enforcement
officer may not exceed $125,000 unless the Director of the Office
of Community Oriented Policing Services grants a waiver from this
limitation: Provided further, That of the amounts appropriated
under this paragraph, $31,500,000 is for improving Tribal law
enforcement, including hiring, equipment, training, anti-
methamphetamine activities, and anti-opioid activities: Provided
further, That of the amounts appropriated under this paragraph
$42,000,000 is for regional information sharing activities, as
authorized by part M of title I of the 1968 Act, which shall be
transferred to and merged with ``Research, Evaluation, and
Statistics'' for administration by the Office of Justice Programs:
Provided further, That of the amounts appropriated under this
paragraph, no less than $3,000,000 is to support the Tribal Access
Program: Provided further, That of the amounts appropriated under
this paragraph, $8,000,000 is for training, peer mentoring, mental
health program activities, and other support services as authorized
under the LEMHW Act and the STOIC Act: Provided further, That of
the amounts appropriated under this paragraph, $5,000,000 is for
the collaborative reform model of technical assistance in
furtherance of section 1701 of title I of the 1968 Act (34 U.S.C.
10381);
(2) $11,000,000 is for activities authorized by the POLICE Act
of 2016 (Public Law 114-199);
(3) $15,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate or
investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary treatment
admissions for heroin and other opioids: Provided, That these
funds shall be utilized for investigative purposes to locate or
investigate illicit activities, including activities related to the
distribution of heroin or unlawful distribution of prescription
opioids, or unlawful heroin and prescription opioid traffickers
through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered by
the Community Oriented Policing Services Office for purposes
authorized under the STOP School Violence Act (title V of division
S of Public Law 115-141);
(6) $40,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381); and
(7) $111,744,000 is for a law enforcement technologies and
interoperable communications program, and related law enforcement
and public safety equipment, which shall be used for the projects,
and in the amounts, specified under the heading, ``Community
Oriented Policing Services, Technology and Equipment Community
Projects/ COPS Law Enforcement Technology and Equipment'', in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
such amounts may not be transferred for any other purpose:
Provided further, That grants funded by such amounts shall not be
subject to section 1703 of title I of the 1968 Act (34 U.S.C.
10383).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That this section shall not
apply to the following--
(1) paragraph 1(Q) under the heading ``State and Local Law
Enforcement Assistance''; and
(2) paragraph (7) under the heading ``Community Oriented
Policing Services Programs''.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used by
such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged
with funds provided to the National Institute of Justice and the
Bureau of Justice Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to the
authorizations for such grant or reimbursement programs.
This section shall not apply to paragraph 1(Q) under the heading
``State and Local Law Enforcement Assistance''.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2019 through 2022 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et
seq.), the requirements under section 2976(g)(1) of such part (34
U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities as
authorized by section 6 of the Prison Rape Elimination Act of 2003
(34 U.S.C. 30305(c)(3)), the requirements of section 6(c)(3) of
such Act.
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2022, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2022, and any use, obligation, transfer, or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2022, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under such authorities as
have been enacted for Performance Partnership Pilots in appropriations
acts in prior fiscal years and the current fiscal year.
Sec. 218. The Attorney General shall submit to the Committees on
Appropriations of the House of Representatives and the Senate quarterly
reports on the Crime Victims Fund, the Working Capital Fund, the Three
Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports
shall contain at least the same level of information and detail for
each Fund as was provided to the Committees on Appropriations of the
House of Representatives and the Senate in fiscal year 2021.
This title may be cited as the ``Department of Justice
Appropriations Act, 2022''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $6,652,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of title V of Public Law 100-685 and Executive Order
No. 13803, hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, not to exceed $2,250
for official reception and representation expenses, $1,965,000:
Provided, That notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,614,400,000, to remain available until
September 30, 2023.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $880,700,000, to remain available until
September 30, 2023.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $1,100,000,000, to remain available until
September 30, 2023: Provided, That $227,000,000 shall be for RESTORE-
L/SPace Infrastructure DExterous Robot: Provided further, That
$110,000,000 shall be for the development, production, and
demonstration of a nuclear thermal propulsion system, of which
$80,000,000 shall be for the design of a flight demonstration system:
Provided further, That, not later than 180 days after the enactment of
this Act, the National Aeronautics and Space Administration shall
provide a plan for the design of a flight demonstration.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $6,791,700,000, to remain available until
September 30, 2023: Provided, That not less than $1,406,700,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,600,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and Moon landings:
Provided further, That of the amounts provided for SLS, not less than
$600,000,000 shall be for SLS Block 1B development including the
Exploration Upper Stage and associated systems including related
facilitization, to support an SLS Block 1B mission available to launch
in 2025 in addition to the planned Block 1 missions for Artemis I
through Artemis III: Provided further, That $590,000,000 shall be for
Exploration Ground Systems and associated Block 1B activities,
including up to $165,300,000 for a second mobile launch platform:
Provided further, That the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile for an integrated system
that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and
associated ground systems that will ensure a crewed launch as early as
possible, as well as a system-based funding profile for a sustained
launch cadence that contemplates the use of an SLS Block 1B cargo
variant with an 8.4 meter fairing and associated ground systems:
Provided further, That $2,195,000,000 shall be for exploration research
and development: Provided further, That acquisition of human-rated
deep space exploration lunar and cislunar transportation and habitation
capabilities, human-rated lunar terrain mobility capabilities,
exploration mission rated suits, lunar communications and navigation
capabilities, and their associated components, may be funded
incrementally in fiscal year 2022 and thereafter.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control, and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft, $4,041,300,000, to remain available until September 30, 2023.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$137,000,000, to remain available until September 30, 2023, of which
$26,000,000 shall be for the Established Program to Stimulate
Competitive Research and $54,500,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,020,600,000, to remain available until
September 30, 2023: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required under the
third and fourth provisos under such heading in the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1989 (Public Law 100-404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103-327) up to $1,000,000 shall be
available from amounts made available under this heading to make such
grant disbursements: Provided further, That of the amounts
appropriated under this heading, $22,655,000 shall be used for the
projects, and in the amounts, specified in the table under the heading
``NASA Community Projects/NASA Special Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts made
available for the projects referenced in the preceding proviso may not
be transferred for any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $410,300,000, to remain available until
September 30, 2027, of which $55,000,000 shall be available only for
costs related to the replacement of National Aeronautics and Space
Administration facilities that were subject to an emergency closure for
life and safety issues in fiscal year 2020: Provided, That proceeds
from leases deposited into this account shall be available for a period
of 5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds referred to
in the preceding proviso shall be available for obligation for fiscal
year 2022 in an amount not to exceed $20,000,000: Provided further,
That each annual budget request shall include an annual estimate of
gross receipts and collections and proposed use of all funds collected
pursuant to section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $45,300,000, of which
$500,000 shall remain available until September 30, 2023.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities
shall not increase that account by more than 20 percent and any funds
transferred to or within ``Exploration'' for Exploration Ground Systems
shall not increase Exploration Ground Systems by more than
$100,000,000. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2022 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any transfer pursuant to this provision shall
retain its original availability and shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
The spending plan required by this Act shall be provided by the
National Aeronautics and Space Administration at the theme, program,
project, and activity level. The spending plan, as well as any
subsequent change of an amount established in that spending plan that
meets the notification requirements of section 505 of this Act, shall
be treated as a reprogramming under section 505 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Not more than 20 percent or $50,000,000, whichever is less, of the
amounts made available in the current-year Construction and
Environmental Compliance and Restoration (CECR) appropriation may be
applied to CECR projects funded under previous years' CECR
appropriations. Use of current-year funds under this provision shall be
treated as a reprogramming of funds under section 505 of this act and
shall not be available for obligation except in compliance with the
procedures set forth in that section.
Of the amounts made available in this Act under the heading
``Science, Technology, Engineering, and Mathematics Engagement''
(``STEM Engagement''), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from amounts
made available in this Act under the headings ``Science'',
``Aeronautics'', ``Space Technology'', ``Exploration'', and ``Space
Operations'', projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including Minority
Serving Institutions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $7,159,400,000, to remain available
until September 30, 2023, of which not to exceed $544,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $249,000,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics, and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $1,006,000,000, to remain available until
September 30, 2023.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $400,000,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2022 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,600,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $19,000,000, of which
$400,000 shall remain available until September 30, 2023.
administrative provisions
(including transfers of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
Of the amounts provided for ``Research and Related Activities'', up
to $148,000,000 may be transferred to ``Education and Human Resources''
consistent with direction provided in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act). The authority provided by this paragraph is in
addition to the authority provided by the first paragraph under this
heading.
The Director of the National Science Foundation (NSF) shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days in advance of any planned divestment
through transfer, decommissioning, termination, or deconstruction of
any NSF-owned facilities or any NSF capital assets (including land,
structures, and equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act,
2022''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $13,000,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That the Chair may
accept and use any gift or donation to carry out the work of the
Commission: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act
of 1983 (42 U.S.C. 1975a): Provided further, That notwithstanding the
preceding proviso, $1,000,000 shall be used to separately fund the
Commission on the Social Status of Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$31,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $420,000,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair may accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses,
$110,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $489,000,000,
of which $448,750,000 is for basic field programs and required
independent audits; $5,500,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $23,500,000 is for management and
grants oversight; $4,500,000 is for client self-help and information
technology; $4,750,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2021 and 2022, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $4,200,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $56,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,200,000, of which $500,000 shall remain available until
September 30, 2023: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
Commission on the State of U.S. Olympics and Paralympics
salaries and expenses
For necessary expenses of the Commission on the State of U.S.
Olympics and Paralympics, as authorized by section 11 of the Empowering
Olympic, Paralympic, and Amateur Athletes Act of 2020 (Public Law 116-
189), $2,000,000, to remain available until September 30, 2023.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. 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
2022, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs, or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects, or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project, or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $2,600,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred to
the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated
with this section; and (2) 5 percent shall be available to the Office
for Victims of Crime for grants, consistent with the requirements of
the Victims of Crime Act, to Indian Tribes to improve services for
victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST and the Federal Bureau of
Investigation (FBI) to inform acquisition decisions for high-impact
and moderate-impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal
entity, conducted an assessment of any risk of cyber-espionage or
sabotage associated with the acquisition of such system, including
any risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by the
People's Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and supply
chain risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the FBI, that the
acquisition of such system is in the national interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate and
the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 518. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2022 until the enactment of the Intelligence
Authorization Act for fiscal year 2022.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the following
funds are hereby permanently rescinded, not later than September 30,
2022, from the following accounts in the specified amounts--
(1) ``Economic Development Administration, Economic Development
Assistance Programs'', $15,000,000; and
(2) ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', $10,000,000.
(b) Of the unobligated balances from prior year appropriations
available to the Department of Justice, the following funds are hereby
permanently rescinded, not later than September 30, 2022, from the
following accounts in the specified amounts--
(1) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(2) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $100,000,000; and
(3) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000.
(c) Of the unobligated balances available to the Department of
Justice, the following funds are hereby permanently rescinded, not
later than September 30, 2022, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $234,839,000; and
(2) ``Legal Activities, Assets Forfeiture Fund'', $127,000,000.
(d) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2022, specifying the amount
of each rescission made pursuant to subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a) and (b) shall not be
from amounts that were designated by the Congress as an emergency or
disaster relief requirement pursuant to the concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 522. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 523. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is in the
national interest and notifies the Committees on Appropriations of
the House of Representatives and the Senate within at least 15 days
of that determination and the basis for that determination.
Sec. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality
uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on the
first day of each fiscal year) for the department, agency, or
instrumentality and the total finances that have not been obligated
to a specific project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 526. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA), the
Office of Science and Technology Policy (OSTP), or the National Space
Council (NSC) to develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA, OSTP, or NSC, after consultation with
the Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 527. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate not later than 45 days after the date of enactment of this
Act.
Sec. 529. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming, or with respect to the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the United States Virgin
Islands, Guam, or Puerto Rico, to prevent any of them from implementing
their own laws that authorize the use, distribution, possession, or
cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 533. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1993 Small
Area Income and Poverty Estimates, the 2000 decennial census, and the
most recent Small Area Income and Poverty Estimates, or any Territory
or possession of the United States.
Sec. 534. (a) Not later than 180 days after the date of enactment
of this Act, the Director of the Federal Bureau of Investigation shall
work with the Administrator of the General Services Administration to
transmit to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Environment and Public Works of the Senate, a report on the
construction of a new headquarters for the Federal Bureau of
Investigation in the National Capital Region.
(b) The report transmitted under subsection (a) shall be consistent
with the requirements of section 3307(b) of title 40, United States
Code, and include a summary of the material provisions of the
construction and full consolidation of the Federal Bureau of
Investigation in a new headquarters facility, including all the costs
associated with site acquisition, design, management, and inspection,
and a description of all buildings and infrastructure needed to
complete the project.
Sec. 535. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 536. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 537. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the Attorney
General prior to January 1, 2011, on the basis that the shotgun was
not particularly suitable for or readily adaptable to sporting
purposes.
Sec. 538. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 539. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 540. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 541. The matter preceding the first proviso under the heading
``Department of Commerce--National Telecommunications and Information
Administration--Broadband Connectivity Fund'' in title II of division J
of Public Law 117-58 is amended by striking ``for grants for the Tribal
Broadband Connectivity Program, as authorized under section 905(c) of
division N of the Consolidated Appropriations Act, 2021 (Public Law
116-260), as amended by section 60201 of division F this Act'' and
inserting ``for purposes of the Tribal Broadband Connectivity Program,
as authorized under section 905(c) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), as amended by section
60201 of division F of this Act, of which up to two percent shall be
for administrative costs'': Provided, That amounts repurposed pursuant
to this section that were previously designated by the Congress as an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
Sec. 542. The matter preceding the first proviso under the heading
``Department of Commerce--National Telecommunications and Information
Administration--Middle Mile Deployment'' in title II of division J of
Public Law 117-58 is amended by striking ``to remain available
September'' and inserting ``to remain available until September'':
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985 are designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
Sec. 543. Paragraph (14) under the heading ``Department of
Commerce--National Oceanic and Atmospheric Administration--Operations,
Research, and Facilities'' in title II of division J of Public Law 117-
58 is amended by striking ``an institution of higher education, non-
profit, commercial (for profit) organizations, U.S. territories, and
state or local governments'' and inserting ``institutions of higher
education, non-profit or commercial (for profit) organizations, U.S.
territories, or state or local governments'': Provided, That amounts
repurposed pursuant to this section that were previously designated by
the Congress as an emergency requirement pursuant to section 4112(a) of
H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section 4001(a)(1) and
section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
Sec. 544. Funds made available to the Department of Commerce and
under the heading ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses'' in this Act and any remaining
unobligated balances of funds made available to the Department of
Commerce and under the heading ``Department of Justice--Federal Bureau
of Investigation--Salaries and Expenses'' in prior year Acts, other
than amounts 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, shall be
available to provide payments pursuant to section 901(i)(2) of title IX
of division J of the Further Consolidated Appropriations Act, 2020 (22
U.S.C. 2680b(i)(2)): Provided, That payments made pursuant to the
matter preceding this proviso may not exceed $2,000,000 for the
Department of Commerce and $5,000,000 for the Federal Bureau of
Investigation.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2022''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $47,814,079,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $35,504,251,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $14,572,400,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $35,078,206,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,156,976,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,297,029,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$802,619,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,371,001,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$9,017,728,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,764,443,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$55,016,103,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $62,480,035,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the
Navy, and payments may be made upon his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$9,185,430,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$55,103,948,000: Provided, That not to exceed $7,699,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Air Force, and payments
may be made upon his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$3,435,212,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$45,864,202,000: Provided, That not more than $3,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon his certificate of
necessity for confidential military purposes: Provided further, That
of the funds provided under this heading, not less than $50,000,000
shall be made available for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than $4,500,000 shall
be available for centers defined in 10 U.S.C. 2411(1)(D): Provided
further, That none of the funds appropriated or otherwise made
available by this Act may be used to plan or implement the
consolidation of a budget or appropriations liaison office of the
Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison office:
Provided further, That $72,000,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary of
Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this heading,
$2,261,570,000, of which $1,299,386,000, to remain available until
September 30, 2023, shall be available to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the Committees on Appropriations of the House of Representatives and
the Senate on the use and status of funds made available in this
paragraph: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $500,000,000, to remain available until September 30, 2023:
Provided, That such funds shall be available to the Secretary of
Defense in coordination with the Secretary of State, to provide
assistance, including training; equipment; logistics support, supplies,
and services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing any
assistance for construction for facility fortification: Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, that was transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as stocks of
the Department of Defense when determined by the Secretary to no longer
be required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided
under this heading, including, but not limited to, the number of
individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or
individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,032,255,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,173,598,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $294,860,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,417,706,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,714,473,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,786,420,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $15,589,000, of which not to exceed
$15,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $299,008,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $390,113,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $522,010,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,979,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $292,580,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $160,051,000, to remain available until
September 30, 2023: Provided, That such amounts shall not be subject
to the limitation in section 407(c)(3) of title 10, United States Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $344,849,000, to remain
available until September 30, 2024.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $56,679,000, to remain available for obligation until
September 30, 2022: Provided, That no other amounts may be otherwise
credited or transferred to the Account, or deposited into the Account,
in fiscal year 2022 pursuant to section 1705(d) of title 10, United
States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,295,431,000, to remain available for obligation until
September 30, 2024.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,460,064,000, to remain available for obligation until
September 30, 2024.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$4,319,082,000, to remain available for obligation until September 30,
2024.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,276,667,000, to remain available for
obligation until September 30, 2024.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$9,453,524,000, to remain available for obligation until September 30,
2024.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,799,321,000, to remain available for obligation
until September 30, 2024.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,982,657,000, to remain available
for obligation until September 30, 2024.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $845,289,000, to remain available for
obligation until September 30, 2024.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Columbia Class Submarine, $3,003,000,000;
Columbia Class Submarine (AP), $1,773,980,000;
Carrier Replacement Program (CVN-80), $1,062,205,000;
Carrier Replacement Program (CVN-81), $1,287,719,000;
Virginia Class Submarine, $4,234,240,000;
Virginia Class Submarine (AP), $2,105,407,000;
CVN Refueling Overhauls, $2,424,218,000;
CVN Refueling Overhauls (AP), $66,262,000;
DDG-1000 Program, $56,597,000;
DDG-51 Destroyer, $3,675,987,000;
DDG-51 Destroyer (AP), $120,000,000;
FFG-Frigate, $1,090,900,000;
LPD Flight II, $60,636,000;
LPD Flight II (AP), $250,000,000;
Expeditionary Sea Base, $577,000,000;
LHA Replacement, $68,637,000;
Expeditionary Fast Transport, $590,000,000;
TAO Fleet Oiler, $1,463,784,000;
TAGOS SURTASS Ships, $434,384,000;
Towing, Salvage, and Rescue Ship, $183,800,000;
LCU 1700, $67,928,000;
Ship to Shore Connector, $391,838,000;
Service Craft, $67,866,000;
LCAC SLEP, $32,712,000;
Auxiliary Vessels, $299,900,000;
For outfitting, post delivery, conversions, and first
destination transportation, $614,731,000; and
Completion of Prior Year Shipbuilding Programs, $660,795,000.
In all: $26,664,526,000, to remain available for obligation until
September 30, 2026: Provided, That additional obligations may be
incurred after September 30, 2026, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10, United
States Code, only in accordance with the provisions of the applicable
subsection: Provided further, That prior to entering into a contract
for more than one amphibious ship, the Secretary of Defense shall
provide to the congressional defense committees the future years
defense program which displays the funding programmed for all
shipbuilding programs currently or anticipated to be under a multiyear
contract, block buy contract, or other contract involving economic
order quantity.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $11,072,651,000, to
remain available for obligation until September 30, 2024: Provided,
That such funds are also available for the maintenance, repair, and
modernization of ships under a pilot program established for such
purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $3,093,770,000, to remain available for obligation
until September 30, 2024.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $18,383,946,000, to remain available for
obligation until September 30, 2024.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,475,206,000, to remain
available for obligation until September 30, 2024.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $665,977,000, to remain available for
obligation until September 30, 2024.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $26,615,079,000, to remain
available for obligation until September 30, 2024.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $3,023,408,000, to remain
available for obligation until September 30, 2024.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $6,177,561,000, to remain available for obligation until
September 30, 2024.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $388,327,000, to remain available until
expended, which shall be obligated and expended by the Secretary of
Defense as if delegated the necessary authorities conferred by the
Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $950,000,000, to remain
available for obligation until September 30, 2024: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$14,539,417,000, to remain available for obligation until September 30,
2023.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$22,139,080,000, to remain available for obligation until September 30,
2023: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$41,592,913,000, to remain available for obligation until September 30,
2023.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$11,597,405,000, to remain available until September 30, 2023.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $29,065,786,000, to remain
available for obligation until September 30, 2023.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $276,591,000, to remain available for obligation
until September 30, 2023.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $2,017,000,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$37,350,182,000; of which $33,957,986,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2023, and of which up to
$17,977,979,000 may be available for contracts entered into under the
TRICARE program; of which $758,708,000, to remain available for
obligation until September 30, 2024, shall be for procurement; and of
which $2,633,488,000, to remain available for obligation until
September 30, 2023, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of
law, of the amount made available under this heading for research,
development, test and evaluation, not less than $10,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$1,536,000,000 shall be made available to the United States Army
Medical Research and Development Command to carry out the
congressionally directed medical research programs: Provided further,
That the Secretary of Defense shall submit to the congressional defense
committees quarterly reports on the current status of the deployment of
the electronic health record: Provided further, That the Secretary of
Defense shall provide notice to the congressional defense committees
not later than 10 business days after delaying the proposed timeline of
such deployment if such delay is longer than 1 week: Provided further,
That the Comptroller General of the United States shall perform
quarterly performance reviews of such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,094,352,000, of which $93,121,000 shall
be for operation and maintenance, of which no less than $48,668,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,134,000 for activities on military installations and
$26,534,000, to remain available until September 30, 2023, to assist
State and local governments; and $1,001,231,000, to remain available
until September 30, 2023, shall be for research, development, test and
evaluation, of which $995,011,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $925,649,000, of which $579,750,000
shall be for counter-narcotics support; $126,024,000 shall be for the
drug demand reduction program; $194,211,000 shall be for the National
Guard counter-drug program; and $25,664,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $438,363,000, of which $435,918,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon
the Inspector General's certificate of necessity for confidential
military purposes; of which $80,000, to remain available for obligation
until September 30, 2024, shall be for procurement; and of which
$2,365,000, to remain available until September 30, 2023, shall be for
research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $587,100,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer not
to exceed $6,000,000,000 of working capital funds of the Department of
Defense or funds made available in this Act to the Department of
Defense for military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to be merged
with and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations of the House of Representatives and the
Senate for reprogramming of funds, unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30,
2022: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and the
tables contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit a report
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2022: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense Sites'';
and
(6) ``Drug Interdiction and Counter-drug Activities, Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts for the UH/HH-60M Black Hawk helicopter and the
AH-64E Apache helicopter.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of title 10, United States Code, and
these obligations shall be reported as required by section 401(d) of
title 10, United States Code: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99-239: Provided further, That upon a determination by
the Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of employees, but are
to be managed solely on the basis of, and in a manner consistent with--
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such fiscal
year.
(b) None of the funds appropriated by this Act may be used to
reduce the civilian workforce programmed full time equivalent levels
absent the appropriate analysis of the impacts of these reductions on
workload, military force structure, lethality, readiness, operational
effectiveness, stress on the military force, and fully burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes of
subsection (a) and reducing funding for under-execution of such a
projection shall not be considered managing based on a constraint or
limitation for purposes of such subsection.
(d) The fiscal year 2023 budget request for the Department of
Defense, and any justification material and other documentation
supporting such request, shall be prepared and submitted to Congress as
if subsections (a) and (b) were effective with respect to such fiscal
year.
(e) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 2023
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code) a description of each transfer under this section that
occurred during the last fiscal year before the fiscal year in which
such budget is submitted.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain unless the
anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United States if
the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that such
an acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in this
Act, $25,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8025. Of the amounts appropriated for ``Working Capital Fund,
Army'', $115,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8026. (a) Of the funds made available in this Act, not less
than $60,500,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $47,300,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities, and
drug demand reduction activities involving youth programs;
(2) $11,400,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $1,800,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8027. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2022, not more than
6,119 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That within such funds for 6,119 staff
years, funds shall be available only for 1,148 staff years for the
defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program and the Military Intelligence Program: Provided
further, That the limit on staff years in the matter preceding the
first proviso in this subsection may be increased to 6,184, from within
funds available to the Department during fiscal year 2022, no sooner
than 60 days after the Secretary of Defense submits in writing to the
congressional defense committees--
(1) a complete breakdown of actual staff years by program and
primary sponsor for fiscal years 2020 and 2021;
(2) a complete breakdown of the estimated 6,184 staff years by
program and primary sponsor for fiscal year 2022;
(3) a list of corrective actions planned and implemented
following the 2019 Under Secretary of Defense (Research and
Engineering)-led FFRDC management review regarding the
implementation of a strategic management process and continued
independence of defense FFRDCs; and
(4) a plan to commission a near-term independent review and
assessment of current FFRDC and potentially competitive non-FFRDC
entities' core competencies as compared to new or emerging
requirements:
Provided further, That the Secretary of Defense shall provide a plan
to commission a near-term independent review of current Department of
Defense and military service workforce core competencies as compared to
new or emerging requirements, to include a review of current and
proposed workforce development, talent management, and professional
military education initiatives and career options by June 15, 2022.
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2023 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC by program during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$63,840,000: Provided, That this subsection shall not apply to
appropriations for the National Intelligence Program and Military
Intelligence Program.
Sec. 8028. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8029. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8030. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8031. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8032. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8033. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2022. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8034. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code, except that
the restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8035. In addition to any other funds made available for such
purposes, including pursuant to section 98h of title 50, United States
Code, or elsewhere in this Act, there is appropriated $125,000,000, for
an additional amount for ``National Defense Stockpile Transaction
Fund'', to remain available until September 30, 2024, which shall only
be used for the acquisition and retention of certain materials, as
specified in the classified annex accompanying this Act: Provided,
That none of the funds provided under this section may be obligated or
expended until 90 days after the Secretary of Defense provides the
congressional defense committees a detailed execution plan for these
funds.
Sec. 8036. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8037. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8038. None of the funds made available in this Act, or any
subsequent Act making appropriations for the Department of Defense, may
be used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 2533a(b)
of title 10, United States Code.
Sec. 8039. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
Sec. 8040. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000: Provided, That upon determination
by the Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command engaged
in a named contingency operation overseas, such funds may be used to
purchase items having an investment item unit cost of not more than
$500,000.
Sec. 8041. Amounts appropriated or otherwise made available to the
Department of Defense in this Act, may not be obligated or expended for
the retirement or divestiture of the RQ-4 Global Hawk Block 40
aircraft: Provided, That the Secretary of the Air Force is prohibited
from deactivating the corresponding squadrons responsible for the
operations of the aforementioned aircraft.
Sec. 8042. Up to $11,120,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the United States Indo-Pacific Command to execute Theater
Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding authorities
for humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8043. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8044. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2023 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2023 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2023 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8045. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2023: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2023: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily by
personnel of the intelligence community shall remain available until
September 30, 2024.
Sec. 8046. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to
integrate common biometric technologies throughout the Department
of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8047. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8048. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Missile Procurement, Army'', 2020/2022, $6,953,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'',
2020/2022, $4,500,000;
``Other Procurement, Army'', 2020/2022, $13,000,000;
``Other Procurement, Navy'', 2020/2022, $3,500,000;
``Aircraft Procurement, Air Force'', 2020/2022, $153,485,000;
``Missile Procurement, Air Force'', 2020/2022, $40,000,000;
``Other Procurement, Air Force'', 2020/2022, $38,000,000;
``Operation and Maintenance, Defense-Wide'', 2021/2022,
$101,000,000;
``Afghanistan Security Forces Fund'', 2021/2022, $700,000,000;
``Counter-ISIS Train and Equip Fund'', 2021/2022, $250,000,000;
``Aircraft Procurement, Army'', 2021/2023, $5,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'',
2021/2023, $4,533,000;
``Procurement of Ammunition, Army'', 2021/2023, $64,754,000;
``Other Procurement, Army'', 2021/2023, $3,177,000;
``Aircraft Procurement, Navy'', 2021/2023, $51,782,000;
``Weapons Procurement, Navy'', 2021/2023, $37,035,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2021/
2023, $5,194,000;
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer (AP)'',
2021/2025, $130,000,000;
``Other Procurement, Navy'', 2021/2023, $49,325,000;
``Procurement, Marine Corps'', 2021/2023, $80,109,000;
``Aircraft Procurement, Air Force'', 2021/2023, $690,775,000;
``Procurement, Space Force'', 2021/2023, $35,700,000;
``Procurement of Ammunition, Air Force'', 2021/2023,
$351,689,000;
``Other Procurement, Air Force'', 2021/2023, $79,390,000;
``Research, Development, Test and Evaluation, Army'', 2021/
2022, $79,585,000;
``Research, Development, Test and Evaluation, Navy'', 2021/
2022, $68,022,000;
``Research, Development, Test and Evaluation, Space Force'',
2021/2022, $120,500,000;
``Research, Development, Test and Evaluation, Defense-Wide'',
2021/2022, $108,717,000; and
``Defense Counterintelligence and Security Agency Working
Capital Fund'', 2021/XXXX, $30,000,000.
Sec. 8049. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8050. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains of United
States Armed Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8051. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8052. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8053. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8054. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget. The Secretary of each military
department, the Director of each Defense Agency, and the head of each
other relevant component of the Department of Defense shall submit to
the congressional defense committees, concurrent with submission of the
budget justification documents to Congress pursuant to section 1105 of
title 31, United States Code, a report with a detailed accounting of
the Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides taken from programs, projects,
or activities within such department, agency, or component during the
most recently completed fiscal year.
Sec. 8055. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8056. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8057. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account:
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2023 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during each
of the fiscal years 2016 through 2022 in which the authority in this
section was exercised.
Sec. 8058. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
(including transfer of funds)
Sec. 8059. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8060. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
shall, at the time of the submittal to Congress of the budget of the
President for fiscal year 2023 pursuant to section 1105 of title 31,
United States Code, submit to the congressional defense committees a
report detailing the use of funds requested in research, development,
test and evaluation accounts for end-items used in development,
prototyping and test activities preceding and leading to acceptance for
operational use: Provided further, That the report shall set forth,
for each end-item covered by the preceding proviso, a detailed list of
the statutory authorities under which amounts in the accounts described
in that proviso were used for such item: Provided further, That the
Secretary of Defense shall, at the time of the submittal to Congress of
the budget of the President for fiscal year 2023 pursuant to section
1105 of title 31, United States Code, submit to the congressional
defense committees a certification that funds requested for fiscal year
2023 in research, development, test and evaluation are in compliance
with this section: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8061. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8063. The Secretary of Defense shall continue to provide a
classified quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $152,925,875 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8068. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect
counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8070. In addition to amounts made available elsewhere in this
Act, $200,000,000 is hereby appropriated to the Department of Defense
and made available for transfer to the operation and maintenance
accounts and research, development, test and evaluation accounts of the
Army, Navy, Marine Corps, Air Force, and Space Force for purposes of
improving tactical artificial intelligence at the Combatant Commands:
Provided, That none of the funds provided under this section may be
obligated or expended until 90 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, That not less than 30 days prior to any transfer of
funds, the Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided further, That
upon transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this section is in addition to any other transfer
authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8071. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8073. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force until a written modification has been
proposed to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification unless
an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8074. Any notice that is required to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate under section 806(c)(4) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) after the
date of the enactment of this Act shall be submitted pursuant to that
requirement concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives and the
Senate.
(including transfer of funds)
Sec. 8075. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$108,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $157,000,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program, of which $30,000,000 shall be for co-production
activities of SRBMD systems in the United States and in Israel to meet
Israel's defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-production
agreement for SRBMD, as amended; $62,000,000 shall be for an upper-tier
component to the Israeli Missile Defense Architecture, of which
$62,000,000 shall be for co-production activities of Arrow 3 Upper Tier
systems in the United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations, and
procedures, subject to the U.S.-Israeli co-production agreement for
Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow
System Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8076. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $660,795,000 shall be
available until September 30, 2022, to fund prior year shipbuilding
cost increases for the following programs:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2022: Carrier Replacement Program $291,000,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2022: DDG-51 Destroyer $44,577,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2022: DDG-51 Destroyer $1,176,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2022: TAO Fleet Oiler $23,358,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2022: Littoral Combat Ship $24,860,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2022: CVN Refueling Overhauls $158,800,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2022: LPD-17 $53,682,000;
(8) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2022: Littoral Combat Ship $20,000,000; and
(9) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2022: TAO Fleet Oiler $43,342,000.
Sec. 8077. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094)
during fiscal year 2022 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2022.
Sec. 8078. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8079. The budget of the President for fiscal year 2023
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That these
documents shall include a description of the funding requested for each
contingency operation, for each military service, to include all Active
and Reserve components, and for each appropriations account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
(including transfer of funds)
Sec. 8080. In addition to amounts made available elsewhere in this
Act, $50,000,000 is hereby appropriated to the Department of Defense
and made available for transfer to the Department of Defense
Acquisition Workforce Development Account and the operation and
maintenance accounts of the Army, Navy, Marine Corps, Air Force, and
Space Force for purposes of recruiting and training the Department of
Defense artificial intelligence-literate acquisition workforce:
Provided, That none of the funds provided under this section may be
obligated or expended until 90 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, That not less than 30 days prior to any transfer of
funds, the Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided further, That
upon transfer, the funds shall be merged with and be available for the
same purposes, and for the same time period, as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this section is in addition to any other transfer
authority provided elsewhere in this Act.
Sec. 8081. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8082. The Secretary of Defense may use up to $650,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 806 of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note), but only for the purposes
specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B)
of such section and subject to the applicable limits specified in
clauses (i), (ii), and (iii) of such subsection and, in the case of
clause (iv) of such subsection, subject to a limit of $50,000,000:
Provided, That the Secretary of Defense shall notify the congressional
defense committees promptly of all uses of this authority.
Sec. 8083. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8084. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8085. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8086. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2023, and except for funds appropriated
for the purchase of real property, which shall remain available until
September 30, 2024.
Sec. 8087. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8088. (a) Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and transfer
authorities for fiscal year 2022: Provided, That the report shall
include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8089. Any transfer of amounts appropriated to the Department
of Defense Acquisition Workforce Development Account in or for fiscal
year 2022 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be covered by
and subject to section 8005 of this Act.
Sec. 8090. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8091. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8092. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent
hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates
that the employee or independent contractor resolve through
arbitration any claim under title VII of the Civil Rights Act of
1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction
of emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8093. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$137,000,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8094. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8095. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8096. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2022.
Sec. 8097. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $299,900,000, to remain
available for obligation until September 30, 2026, may be used for the
purchase of five used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales Act of
1946 (46 U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet: Provided further, That notwithstanding section 2218 of
title 10, United States Code, none of these funds shall be transferred
to the National Defense Sealift Fund for execution.
Sec. 8098. The Secretary of Defense shall post grant awards on a
public website in a searchable format.
Sec. 8099. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of any
electronic communication of a United States person from a provider
of electronic communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance Act of 1978.
Sec. 8100. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8101. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $435,032,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
Sec. 8102. None of the funds made available in this Act may be
obligated for activities authorized under section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support
to, foreign forces, irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance with the
direction contained in the classified annex accompanying this Act, not
less than 15 days before initiating such support: Provided, That none
of the funds made available in this Act may be used under section 1208
for any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations Forces to
combat terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary determines that
such waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8103. (a) None of the funds provided in this Act for the TAO
Fleet Oiler program shall be used to award a new contract that provides
for the acquisition of the following components unless those components
are manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders for
shipboard cranes; and anchor chains specifically for the seventh and
subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the Secretary of
the Navy shall incorporate United States manufactured propulsion
engines and propulsion reduction gears into the FFG(X) Frigate program
beginning not later than with the eleventh ship of the program.
Sec. 8104. None of the funds provided in this Act for requirements
development, performance specification development, concept design and
development, ship configuration development, systems engineering, naval
architecture, marine engineering, operations research analysis,
industry studies, preliminary design, development of the Detailed
Design and Construction Request for Proposals solicitation package, or
related activities for the T-ARC(X) Cable Laying and Repair Ship or the
T-AGOS(X) Oceanographic Surveillance Ship may be used to award a new
contract for such activities unless these contracts include
specifications that all auxiliary equipment, including pumps and
propulsion shafts, are manufactured in the United States.
Sec. 8105. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning the USS Fort
Worth, the USS Detroit, or the USS Little Rock.
Sec. 8106. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section 804(d)
of the National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 2302 note); or
(2) credited to a military-department specific fund established
under section 804(d)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (as amended by section 897 of the National
Defense Authorization Act for Fiscal Year 2017).
Sec. 8107. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8108. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities, or for any activity necessary
for the national defense, including intelligence activities.
Sec. 8109. In addition to amounts provided elsewhere in this Act,
there is appropriated $516,233,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Local Defense
Community Cooperation of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other provision of law,
to make grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools: Provided
further, That in making such funds available, the Office of Local
Defense Community Cooperation or the Secretary of Education shall give
priority consideration to those military installations with schools
having the most serious capacity or facility condition deficiencies as
determined by the Secretary of Defense: Provided further, That as a
condition of receiving funds under this section a local educational
agency or State shall provide a matching share as described in the
notice titled ``Department of Defense Program for Construction,
Renovation, Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the Federal
Register on September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided
further, That these provisions apply to funds provided under this
section, and to funds previously provided by Congress to construct,
renovate, repair, or expand elementary and secondary public schools on
military installations in order to address capacity or facility
condition deficiencies at such schools to the extent such funds remain
unobligated on the date of enactment of this section.
Sec. 8110. In carrying out the program described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category II or III)
Active Duty Service Members'' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall apply such
policy and guidance, except that--
(1) the limitation on periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall include
embryo cryopreservation and storage without limitation on the
duration of such cryopreservation and storage.
Sec. 8111. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended by
the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appropriate
for customary ceremonial honors, operational military units, or
operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine the
readiness of such units, platforms, or equipment.
Sec. 8112. The Secretary of Defense may obligate and expend funds
made available under this Act for procurement or for research,
development, test and evaluation for the F-35 Joint Strike Fighter to
modify up to six F-35 aircraft, including up to two F-35 aircraft of
each variant, to a test configuration: Provided, That the Secretary of
Defense shall, with the concurrence of the Secretary of the Air Force
and the Secretary of the Navy, notify the congressional defense
committees not fewer than 30 days prior to obligating and expending
funds under this section: Provided further, That any transfer of funds
pursuant to the authority provided in this section shall be made in
accordance with section 8005 of this Act: Provided further, That
aircraft referred to previously in this section are not additional to
aircraft referred to in section 8135 of the Department of Defense
Appropriations Act, 2019, section 8126 of the Department of Defense
Appropriations Act, 2020, and section 8122 of the Department of Defense
Appropriations Act, 2021.
Sec. 8113. (a) None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability, provided
that the applicable Federal agency is aware of the unpaid Federal tax
liability.
(b) Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
Sec. 8114. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance
Office and the Space Force or any other elements of the Department of
Defense.
Sec. 8115. None of the funds appropriated or otherwise made
available by this Act may be used to transfer any element of the
Department of the Army, the Department of the Navy, or a Department of
Defense agency to the Space Force unless, concurrent with the fiscal
year 2023 budget submission (as submitted to Congress pursuant to
section 1105 of title 31, United States Code), the Secretary of
Defense, not to be delegated, provides a report to the Committees on
Appropriations of the House of Representatives and the Senate,
detailing any plans to transfer appropriate space elements of the
Department of the Army, the Department of the Navy, or a Department of
Defense agency to the Space Force and certifies in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that such transfer is consistent with the mission of the Space
Force and will not have an adverse impact on the Department or agency
from which such element is being transferred: Provided, That such
report shall include fiscal year 2023 budget and future years defense
program adjustments associated with such planned transfers.
Sec. 8116. None of the funds appropriated or otherwise made
available by this Act may be used to establish a field operating agency
of the Space Force.
Sec. 8117. During fiscal year 2022, the monetary limitation
imposed by section 2208(l)(3) of title 10, United States Code may be
exceeded by up to $1,000,000,000.
Sec. 8118. Funds appropriated in title I of this Act under
headings for ``Military Personnel'' may be used for expenses described
therein for members of the Space Force on active duty: Provided, That
amounts appropriated under such headings may be used for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement Fund.
Sec. 8119. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight of the tables in the explanatory
statement regarding this Act, may be used for expenses for the agile
research, development, test and evaluation, procurement, production,
modification, and operation and maintenance, only for the following
Software and Digital Technology Pilot programs--
(1) Defensive Cyber--Software Prototype Development (PE
0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command Control (PE 0608231N);
(4) JSpOC Mission System (PE 1203614SF);
(5) National Background Investigation Services (PE 0608197V);
(6) Global Command and Control System-Joint (PE 0308150K);
(7) Algorithmic Warfare Cross Functional Team (PE 0308588D8Z);
and
(8) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal
year 2022.
Sec. 8120. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', $75,000,000, to
remain available until September 30, 2025: Provided, That such funds
shall only be available to the Secretary of Defense, acting through the
Office of Local Defense Community Cooperation of the Department of
Defense, to make grants to communities impacted by military aviation
noise for the purpose of installing noise mitigating insulation at
covered facilities: Provided further, That $56,250,000 shall be
allocated to address programs at or near active military installations:
Provided further, That $18,750,000 shall be allocated for programs at
or near reserve component installations, of which $5,000,000 shall be
for grants to communities for which a nearby military installation has
transitioned to a new type or model of aircraft after January 1, 2019:
Provided further, That, to be eligible to receive a grant under the
program, a community must enter into an agreement with the Secretary
under which the community prioritizes the use of funds for the
installation of noise mitigation at covered facilities in the
community: Provided further, That as a condition of receiving funds
under this section a State or local entity shall provide a matching
share of ten percent: Provided further, That grants under the program
may be used to meet the Federal match requirement under the airport
improvement program established under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code: Provided
further, That, in carrying out the program, the Secretary of Defense
shall coordinate with the Secretary of Transportation to minimize
duplication of efforts with any other noise mitigation program
compliant with part 150 of title 14, Code of Federal Regulations:
Provided further, That, in this section, the term ``covered
facilities'' means hospitals, daycare facilities, schools, facilities
serving senior citizens, and private residences that are located within
one mile or a day-night average sound level of 65 or greater of a
military installation or another location at which military aircraft
are stationed or are located in an area impacted by military aviation
noise within one mile or a day-night average sound level of 65 or
greater, as determined by the Department of Defense or Federal Aviation
Administration noise modeling programs.
Sec. 8121. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 8122. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8123. The Secretary of Defense shall notify the congressional
defense committees in writing not more than 30 days after the receipt
of any contribution of funds received from the government of a foreign
country for any purpose relating to the stationing or operations of the
United States Armed Forces: Provided, That such notification shall
include the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such contribution
was accepted by the Secretary of Defense: Provided further, That not
fewer than 15 days prior to obligating such funds, the Secretary of
Defense shall submit to the congressional defense committees in writing
a notification of the planned use of such contributions, including
whether such contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8124. From funds made available in title II of this Act, the
Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Central
Command area of responsibility: (1) passenger motor vehicles up to a
limit of $75,000 per vehicle; and (2) heavy and light armored vehicles
for the physical security of personnel or for force protection purposes
up to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8125. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8126. None of the funds made available by this Act may be
used with respect to Iraq in contravention of the War Powers Resolution
(50 U.S.C. 1541 et seq.), including for the introduction of United
States Armed Forces into hostilities in Iraq, into situations in Iraq
where imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8127. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8128. Nothing in this Act may be construed as authorizing the
use of force against Iran or the Democratic People's Republic of Korea.
Sec. 8129. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq or Syria.
Sec. 8130. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'', and under the heading
``Operation and Maintenance, Defense-Wide'' for Department of Defense
security cooperation grant programs, may be used to procure or transfer
man-portable air defense systems.
Sec. 8131. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8132. None of the funds made available by this Act may be
made available for any member of the Taliban.
Sec. 8133. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by this
Act, for support to friendly foreign countries in connection with the
conduct of operations in which the United States is not participating,
pursuant to section 331(d) of title 10, United States Code, shall be
made in accordance with section 8005 of this Act.
Sec. 8134. Funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, may be used, notwithstanding any other provision of
law, to provide supplies, services, transportation, including airlift
and sealift, and other logistical support to coalition forces to
counter the Islamic State of Iraq and Syria: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 8135. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,299,386,000, to remain available until
September 30, 2023, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any planned obligation: Provided further,
That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this section.
Sec. 8136. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $50,000,000, to remain available until
September 30, 2023, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria:
Provided, That such reimbursement payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, based on documentation determined
by the Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon the
accounting officers of the United States, and 15 days following written
notification to the appropriate congressional committees: Provided
further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment
and providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United States
military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and Syria, and 15 days following written
notification to the appropriate congressional committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the Committees on Appropriations of the House of Representatives and
the Senate on the use and status of funds made available in this
section.
Sec. 8137. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $370,000,000, to remain available until
September 30, 2023, shall be available to reimburse Jordan, Lebanon,
Egypt, Tunisia, and Oman under section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for
enhanced border security, of which not less than $150,000,000 shall be
for Jordan: Provided, That the Secretary of Defense shall, not less
than 15 days prior to obligating funds made available in this section,
notify the congressional defense committees in writing of the details
of any planned obligation and the nature of the expenses incurred:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8138. Up to $500,000,000 of funds appropriated by this Act
for the Defense Security Cooperation Agency in ``Operation and
Maintenance, Defense-Wide'' may be used to provide assistance to the
Government of Jordan to support the armed forces of Jordan and to
enhance security along its borders.
Sec. 8139. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $300,000,000, to remain available until
September 30, 2023, shall be for the Ukraine Security Assistance
Initiative: Provided, That such funds shall be available to the
Secretary of Defense, with the concurrence of the Secretary of State,
to provide assistance, including training; equipment; lethal
assistance; logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the military and
national security forces of Ukraine, and to other forces or groups
recognized by and under the authority of the Government of Ukraine,
including governmental entities within Ukraine, engaged in resisting
Russian aggression against Ukraine, for replacement of any weapons or
articles provided to the Government of Ukraine from the inventory of
the United States, and to recover or dispose of equipment procured
using funds made available in this section in this or prior Acts:
Provided further, That such funds may be obligated and expended
notwithstanding section 1250 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92): Provided further, That the
Secretary of Defense shall, not less than 15 days prior to obligating
funds made available in this section (or if the Secretary of Defense
determines, on a case-by-case basis, that extraordinary circumstances
exist that impact the national security of the United States, as far in
advance as is practicable) notify the congressional defense committees
in writing of the details of any such obligation: Provided further,
That the Secretary of Defense shall, not more than 60 days after such
notification is made, inform such committees if such funds have not
been obligated and the reasons therefor: Provided further, That the
Secretary of Defense shall consult with such committees in advance of
the provision of support provided to other forces or groups recognized
by and under the authority of the Government of Ukraine: Provided
further, That the United States may accept equipment procured using
funds made available in this section in this or prior Acts transferred
to the security forces of Ukraine and returned by such forces to the
United States: Provided further, That equipment procured using funds
made available in this section in this or prior Acts, and not yet
transferred to the military or national security forces of Ukraine or
to other assisted entities, or returned by such forces or other
assisted entities to the United States, may be treated as stocks of the
Department of Defense upon written notification to the congressional
defense committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
on the use and status of funds made available in this section.
Sec. 8140. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal military
equipment to, and the maintenance of existing lethal military
equipment for, the Government of the Syrian Arab Republic;
(2) the armed forces of the Russian Federation have withdrawn
from Crimea, other than armed forces present on military bases
subject to agreements in force between the Government of the
Russian Federation and the Government of Ukraine; and
(3) agents of the Russian Federation have ceased taking active
measures to destabilize the control of the Government of Ukraine
over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8141. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 8142. In addition to amounts provided elsewhere in this Act,
there is appropriated $1,000,000,000, for an additional amount for
``Procurement, Defense-Wide'', to remain available until September 30,
2024, which shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats: Provided, That such
funds shall be transferred pursuant to an exchange of letters and are
in addition to funds provided pursuant to the U.S.-Israel Iron Dome
Procurement Agreement, as amended: Provided further, That nothing in
the preceding proviso shall be construed to apply to appropriations in
this or prior Acts for the procurement of the Iron Dome defense system.
Sec. 8143. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
Sec. 8144. None of the funds appropriated or made available in
this Act shall be used to support any activity conducted by, or
associated with, the Wuhan Institute of Virology.
Sec. 8145. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United States
Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 8146. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8147. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8148. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8149. Section 165 of the Continuing Appropriations Act, 2022
(division A of Public Law 117-43) shall be amended by striking
``$53,000,000'' and inserting ``$85,250,000''.
Sec. 8150. In addition to amounts otherwise made available, there
is appropriated $100,000,000 to the Department of Defense, to remain
available until expended, for the same purposes and under the same
authorities and conditions as amounts made available in section 165(c)
of the Continuing Appropriations Act, 2022 (division A of Public Law
117-43).
Sec. 8151. (a) Commission on Planning, Programming, Budgeting, and
Execution Reform.--Section 1004 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1884) is
amended--
(1) in subsection (a)(2), by striking ``not later''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``30'' and inserting
``45''; and
(B) in paragraph (4), by striking ``subsection (a)(2)'' and
inserting ``paragraph (3)''.
(b) Afghanistan War Commission.--Section 1094 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1942) is amended--
(1) in subsection (c)(2)(D)(i), by striking ``60'' and
inserting ``90''; and
(2) in subsection (f)(5)(B)(ii), by striking ``subsection
(g)(1)'' and inserting ``clause (i)''.
(c) Congressional Commission on the Strategic Posture of the United
States.--Section 1687 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2126) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(A)(ii), by inserting ``(other than
experts or consultants the services of which are procured under
section 3109 of title 5, United States Code)'' after ``Federal
Government''; and
(B) in paragraph (3)(A), by striking ``45 days after the
date of the enactment of this Act'' and inserting ``April 11,
2022''; and
(2) in subsection (d)(1), by striking ``December 31, 2022'' and
inserting ``February 28, 2023''.
This division may be cited as the ``Department of Defense
Appropriations Act, 2022''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $143,000,000, to
remain available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,492,800,000, to remain available until expended; of which
$97,539,000, to be derived from the Harbor Maintenance Trust Fund,
shall be to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program; and
of which such sums as are necessary to cover 35 percent of the costs of
construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $370,000,000, to remain
available until expended, of which $10,312,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $4,570,000,000, to remain available until
expended, of which $1,941,442,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and
for inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected; and of
which $50,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and
shall be designated as being for such purpose pursuant to paragraph
(2)(B) of section 14003 of division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136): Provided, That 1
percent of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the
Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects, or activities: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds provided under this
heading in this Act may be used for the projects specified in the table
referenced in the succeeding proviso: Provided further, That in
addition to any amounts otherwise available for necessary expenses to
dredge Federal navigation projects in response to, and repair damages
to Corps of Engineers Federal projects caused by, natural disasters,
available amounts provided under the heading ``Operation and
Maintenance'' in title IV of the Disaster Relief Supplemental
Appropriations Act, 2022 shall be used for such purposes in the amounts
specified and for the projects specified in the table titled ``Corps of
Engineers--Damage Repairs'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That expenditures made or obligations incurred
under the heading ``Corps of Engineers--Civil--Operation and
Maintenance'' pursuant to the Continuing Appropriations Act, 2022 for
necessary expenses to dredge Federal navigation projects in response
to, and repair damages to Corps of Engineers Federal projects caused
by, natural disasters shall be charged to available amounts provided
under the heading ``Operation and Maintenance'' in title IV of the
Disaster Relief Supplemental Appropriations Act, 2022, consistent with
the preceding proviso: Provided further, That each amount repurposed
under this heading in this Act that was previously designated by the
Congress as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 or a concurrent resolution on
the budget is designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $212,000,000, to remain
available until September 30, 2023.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $300,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $208,000,000, to remain available until September 30, 2023, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2023: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), to specific programs, projects, or activities.
water infrastructure finance and innovation program account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $5,000,000, to remain available until expended, for safety
projects to maintain, upgrade, and repair dams identified in the
National Inventory of Dams with a primary owner type of state, local
government, public utility, or private: Provided, That no project may
be funded with amounts provided under this heading for a dam that is
identified as jointly owned in the National Inventory of Dams and where
one of those joint owners is the Federal Government: Provided further,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$500,000,000: Provided further, That within 30 days of enactment of
this Act, the Secretary, in consultation with the Office of Management
and Budget, shall transmit a report to the Committees on Appropriations
of the House of Representatives and the Senate that provides: (1) an
analysis of how subsidy rates will be determined for loans financed by
appropriations provided under this heading in this Act; (2) a
comparison of the factors that will be considered in estimating subsidy
rates for loans financed under this heading in this Act with factors
that will be considered in estimates of subsidy rates for other
projects authorized by the Water Infrastructure Finance and Innovation
Act of 2014, including an analysis of how both sets of rates will be
determined; and (3) an analysis of the process for developing draft
regulations for the Water Infrastructure Finance and Innovation
program, including a crosswalk from the statutory requirements for such
program, and a timetable for publishing such regulations: Provided
further, That the use of direct loans or loan guarantee authority under
this heading for direct loans or commitments to guarantee loans for any
project shall be in accordance with the criteria published in the
Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth
proviso under the heading ``Water Infrastructure Finance and Innovation
Program Account'' in division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94): Provided further, That
none of the direct loans or loan guarantee authority made available
under this heading shall be available for any project unless the
Secretary and the Director of the Office of Management and Budget have
certified in advance in writing that the direct loan or loan guarantee,
as applicable, and the project comply with the criteria referenced in
the previous proviso: Provided further, That any references to the
Environmental Protection Agency (EPA) or the Administrator in the
criteria referenced in the previous two provisos shall be deemed to be
references to the Army Corps of Engineers or the Secretary of the Army,
respectively, for purposes of the direct loans or loan guarantee
authority made available under this heading: Provided further, That
for the purposes of carrying out the Congressional Budget Act of 1974,
the Director of the Congressional Budget Office may request, and the
Secretary shall promptly provide, documentation and information
relating to a project identified in a Letter of Interest submitted to
the Secretary pursuant to a Notice of Funding Availability for
applications for credit assistance under the Water Infrastructure
Finance and Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment of this
Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $2,200,000, to remain available until
September 30, 2023.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2022, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this
Act, unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall notify
the Committees on Appropriations of both Houses of Congress of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$5,000,000 per project, study, or activity is allowed: Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That $150,000
may be reprogrammed into any continuing study or activity that did
not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of
which $5,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,550,000 shall be available until
September 30, 2023, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2022, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,850,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian Tribes,
and others, $1,747,101,000, to remain available until expended, of
which $71,217,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $19,606,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That $40,000,000 shall be available for transfer into the
Blackfeet Water Settlement Implementation Fund established by section
3717 of Public Law 114-322: Provided further, That $100,000 shall be
available for transfer into the Aging Infrastructure Account
established by section 9603(d)(1) of the Omnibus Public Land Management
Act of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided further, That
such transfers, except for the transfer authorized by the preceding
proviso, may be increased or decreased within the overall appropriation
under this heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund, the Water Storage Enhancement Receipts account
established by section 4011(e) of Public Law 114-322, or the Bureau of
Reclamation special fee account established by 16 U.S.C. 6806 shall be
derived from that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended for the
purposes for which the funds were contributed: Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That of the amounts
made available under this heading, $10,000,000 shall be deposited in
the San Gabriel Basin Restoration Fund established by section 110 of
title I of division B of appendix D of Public Law 106-554: Provided
further, That of the amounts provided herein, funds may be used for
high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further,
That within available funds, $250,000 shall be for grants and financial
assistance for educational activities.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $56,499,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2023, $64,400,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available
for purchase and replacement of not to exceed 30 motor vehicles, which
are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2022, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
both Houses of Congress;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of both Houses of
Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
both Houses of Congress:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of both Houses of
Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs,
projects, and activities specified in the ``Final Bill'' columns in the
``Water and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$610,000,000'' and inserting ``$750,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 204 of
division D of Public Law 116-260, is amended by striking ``2021'' each
place it appears and inserting ``2022''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) is amended by striking ``2021'' and
inserting ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
``2021'' and inserting ``2022''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) is amended by striking ``2021'' and
inserting ``2022''.
Sec. 207. Section 1101(d) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575) is
amended by striking ``$10,000,000'' and inserting ``$13,000,000''.
Sec. 208. None of the funds made available by this Act may be used
for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Development and
Related Agencies Appropriations Act, 2020 and prior to enactment of
this Act by the Secretary of the Interior and transmitted to the
appropriate committees of Congress pursuant to section 4007 of the
Water Infrastructure Improvements for the Nation Act (Public Law 114-
322) if such project is not named in this Act, Public Law 116-260, or
Public Law 117-43.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $3,200,000,000, to
remain available until expended: Provided, That of such amount,
$209,453,000 shall be available until September 30, 2023, for program
direction: Provided further, That of the amount appropriated in this
paragraph, $77,047,000 shall be used for projects specified in the
table that appears under the heading ``Congressionally Directed
Spending Energy Efficiency and Renewable Energy Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That section
366(e) of the Energy Policy and Conservation Act (42 U.S.C. 6326(e))
shall not apply to Federal financial assistance provided under part D
of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321
et seq.) from amounts made available under this heading in this Act.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $185,804,000, to remain available until expended: Provided,
That of such amount, $16,000,000 shall be available until September 30,
2023, for program direction: Provided further, That of the amount
appropriated in this paragraph, $3,000,000 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Spending Cybersecurity, Energy Security, and Emergency
Response Projects'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $277,000,000, to remain available until
expended: Provided, That of such amount, $20,000,000 shall be
available until September 30, 2023, for program direction: Provided
further, That of the amount appropriated in this paragraph, $2,850,000
shall be used for projects specified in the table that appears under
the heading ``Congressionally Directed Spending Electricity Projects''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,654,800,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2023, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy Policy
Act of 2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``Final Bill'' column
in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out fossil
energy and carbon management research and development activities, under
the authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $825,000,000, to remain available until expended: Provided,
That of such amount $66,800,000 shall be available until September 30,
2023, for program direction: Provided further, That of the amount
appropriated in this paragraph, $20,199,000 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Spending Fossil Energy and Carbon Management Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,650,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $219,000,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act
(Public Law 114-255), $7,350,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $6,500,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $129,087,000, to
remain available until expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $333,863,000, to remain available until
expended: Provided, That, in addition, fees collected pursuant to
subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2022 pursuant to section
309 of title III of division C of Public Law 116-94 are appropriated,
to remain available until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$860,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$16,155,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles,
including one ambulance, for replacement only, $7,475,000,000, to
remain available until expended: Provided, That of such amount,
$202,000,000 shall be available until September 30, 2023, for program
direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, including interim
storage activities, $27,500,000, to remain available until expended, of
which $7,500,000 shall be derived from the Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the
activities of technology transitions, $19,470,000, to remain available
until expended: Provided, That of such amount, $8,375,000 shall be
available until September 30, 2023, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for clean energy demonstrations in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $20,000,000, to remain available until
expended: Provided, That of such amount, $8,000,000 shall be available
until September 30, 2023, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $450,000,000, to remain available until expended:
Provided, That of such amount, $36,000,000 shall be available until
September 30, 2023, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to
remain available until September 30, 2023: Provided further, That up
to $32,000,000 of fees collected in fiscal year 2022 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2023: Provided further, That to the
extent that fees collected in fiscal year 2022 exceed $32,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2022 (estimated at
$3,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2022 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2023.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2023: Provided, That under
section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)),
the Secretary of Energy may also provide direct loans, as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That such direct loans shall be made through the
Federal Financing Bank, with the full faith and credit of the United
States Government on the principal and interest: Provided further,
That any funds previously appropriated for the cost of loan guarantees
under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C.
3502(c)) may also be used for the cost of direct loans provided under
such section of such Act.
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $58,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$5,523,000 shall be available until September 30, 2023, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$340,578,000, to remain available until September 30, 2023, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $100,578,000 in fiscal year
2022 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2022 appropriation from the general fund estimated at not more than
$240,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$78,000,000, to remain available until September 30, 2023.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance, for replacement only, $15,920,000,000, to
remain available until expended: Provided, That of such amount,
$117,060,000 shall be available until September 30, 2023, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,354,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,918,000,000,
to remain available until expended, of which, $92,747,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $55,579,000 shall be available until September 30, 2023, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $464,000,000, to remain
available until September 30, 2023, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger minivan for replacement only,
$6,710,000,000, to remain available until expended: Provided, That of
such amount, $305,207,000 shall be available until September 30, 2023,
for program direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities,
$573,333,000, to be deposited into the Defense Environmental Cleanup
account, which shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $985,000,000, to remain available until expended: Provided,
That of such amount, $337,636,000 shall be available until September
30, 2023, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Umatilla Hatchery Facility project and, in addition, for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2022, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $7,184,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $7,184,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2022 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$53,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $48,324,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $37,924,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2022 appropriation
estimated at not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $39,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $285,237,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $285,237,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $194,465,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2022 appropriation
estimated at not more than $90,772,000, of which $90,772,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $170,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $5,808,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $5,580,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2022 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2022, the
Administrator of the Western Area Power Administration may accept up to
$1,737,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $466,426,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $466,426,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2022 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2022 so as to result in a
final fiscal year 2022 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract covered
by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award, or
Agreement in excess of the limits in subparagraph (A) or (B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A) or
(B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded for
the full period of performance as anticipated at the time of award;
or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of both Houses of
Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2022 until the enactment of the Intelligence
Authorization Act for fiscal year 2022.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
Sec. 306. No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 307. (a) Of the unobligated balances available to the
Department of Energy from amounts appropriated in prior Acts, the
following funds are hereby rescinded from the following accounts and
programs in the specified amounts--
(1) ``Defense Nuclear Nonproliferation'' for the construction
project ``99-D-143'', $282,133,000; and
(2) ``Naval Reactors'', $6,000,000.
(b) No amounts may be rescinded under subsection (a) from amounts
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 308. Of the unavailable collections currently in the United
States Enrichment Corporation Fund, $841,000,000 shall be transferred
to and merged with the Uranium Enrichment Decontamination and
Decommissioning Fund and shall be available only to the extent provided
in advance in appropriations Acts.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding 40 U.S.C. 14704, and for expenses necessary for the
Federal Co-Chairman and the Alternate on the Appalachian Regional
Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5
U.S.C. 3109, and hire of passenger motor vehicles, $195,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $36,000,000, to
remain available until September 30, 2023.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $30,100,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,100,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects for which the Denali Commission is
the sole or primary funding source in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for any project for which the Denali Commission is not
the sole or primary funding source, provided that such project is
consistent with the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $35,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $5,000,000, to remain available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $2,500,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $873,901,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2023:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $745,258,000
in fiscal year 2022 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2022 so as to result in a final fiscal year 2022
appropriation estimated at not more than $128,643,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,799,000, to remain available until September 30, 2023: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $11,442,000 in fiscal year 2022
shall be retained and be available until September 30, 2023, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2022 so as to result in a final fiscal year
2022 appropriation estimated at not more than $2,357,000: Provided
further, That of the amounts appropriated under this heading,
$1,146,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,800,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2023.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of 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 appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 505. The nineteenth proviso under the heading ``Fossil Energy
and Carbon Management'' in title III of division J of Public Law 117-58
is amended by striking ``(b)'' each place it appears and inserting
``(h)'': Provided, That amounts repurposed pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2022''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2022
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to State, local, and territorial entities; and Treasury-wide
management policies and programs activities, $243,109,000: Provided,
That of the amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of a
confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2023, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Cybersecurity and Critical Infrastructure
Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in
the United States, $20,000,000, to remain available until expended:
Provided, That the chairperson of the Committee may transfer such
amounts to any department or agency represented on the Committee
(including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. 4565), and shall be available in addition to any
other funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided further, That
the total amount appropriated under this heading from the general fund
shall be reduced as such offsetting collections are received during
fiscal year 2022, so as to result in a total appropriation from the
general fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $195,192,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the
Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$20,000,000 shall remain available until September 30, 2023.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $80,000,000, to remain
available until September 30, 2024: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $4,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $6,118,000, to
remain available until September 30, 2024: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,275,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2023, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $174,250,000, of which $5,000,000 shall remain
available until September 30, 2023; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $16,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $25,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$161,000,000, of which not to exceed $55,000,000 shall remain available
until September 30, 2024.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $355,936,000; of which not to exceed $8,000,000, to remain
available until September 30, 2024, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$128,067,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2023, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2022 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $295,000,000. Of the amount
appropriated under this heading--
(1) not less than $173,383,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/
or Emerging Community Development Financial Institutions Assistance
awards, is available until September 30, 2023, for financial
assistance and technical assistance under subparagraphs (A) and (B)
of section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be
available for training and outreach under section 109 of Public Law
103-325 (12 U.S.C. 4708), of which up to $3,153,750 may be used for
the cost of direct loans, of which up to $10,000,000,
notwithstanding subsection (d) of section 108 of Public Law 103-325
(12 U.S.C. 4707 (d)), may be available to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions to expand investments
that benefit individuals with disabilities, and of which not less
than $2,000,000 shall be for the Economic Mobility Corps to be
operated in conjunction with the Corporation for National and
Community Service, pursuant to 42 U.S.C. 12571: Provided, That the
cost of direct and guaranteed loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000:
Provided further, That of the funds provided under this paragraph,
excluding those made to community development financial
institutions to expand investments that benefit individuals with
disabilities and those made to community development financial
institutions that serve populations living in persistent poverty
counties, the CDFI Fund shall prioritize Financial Assistance
awards to organizations that invest and lend in high-poverty areas:
Provided further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a poverty rate of
at least 20 percent as measured by the 2011-2015 5-year data series
available from the American Community Survey of the Bureau of the
Census for all States and Puerto Rico or with a poverty rate of at
least 20 percent as measured by the 2010 Island areas Decennial
Census data for any territory or possession of the United States;
(2) not less than $21,500,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)), is available until
September 30, 2023, for financial assistance, technical assistance,
training, and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native communities and
provided primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native American
organizations, Tribes and Tribal organizations, and other suitable
providers;
(3) not less than $35,000,000 is available until September 30,
2023, for the Bank Enterprise Award program;
(4) not less than $23,000,000, notwithstanding subsections (d)
and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and
(e)), is available until September 30, 2023, for a Healthy Food
Financing Initiative to provide financial assistance, technical
assistance, training, and outreach to community development
financial institutions for the purpose of offering affordable
financing and technical assistance to expand the availability of
healthy food options in distressed communities;
(5) not less than $8,500,000 is available until September 30,
2023, to provide grants for loan loss reserve funds and to provide
technical assistance for small dollar loan programs under section
122 of Public Law 103-325 (12 U.S.C. 4719): Provided, That
sections 108(d) and 122(b)(2) of such Public Law shall not apply to
the provision of such grants and technical assistance;
(6) up to $33,617,000 is available for administrative expenses,
including administration of CDFI Fund programs and the New Markets
Tax Credit Program, of which not less than $1,000,000 is for the
development of tools to better assess and inform CDFI investment
performance and CDFI program impacts, and up to $300,000 is for
administrative expenses to carry out the direct loan program; and
(7) during fiscal year 2022, none of the funds available under
this heading are available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of commitments to
guarantee bonds and notes under section 114A of the Riegle
Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee bonds and
notes under such section 114A shall not exceed $500,000,000:
Provided further, That such section 114A shall remain in effect
until December 31, 2022: Provided further, That of the funds
awarded under this heading, except those provided for the Economic
Mobility Corps, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1), the term ``persistent
poverty counties'' means any county, including county equivalent
areas in Puerto Rico, that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured by
the 1990 and 2000 decennial censuses and the 2011-2015 5-year data
series available from the American Community Survey of the Bureau
of the Census or any other territory or possession of the United
States that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000 and
2010 Island Areas Decennial Censuses, or equivalent data, of the
Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,780,606,000, of which not to exceed
$100,000,000 shall remain available until September 30, 2023, of which
not less than $11,000,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $13,000,000 shall be available
for low-income taxpayer clinic grants, of which not less than
$30,000,000, to remain available until September 30, 2023, shall be
available for the Community Volunteer Income Tax Assistance Matching
Grants Program for tax return preparation assistance, and of which not
less than $221,000,000 shall be available for operating expenses of the
Taxpayer Advocate Service: Provided, That of the amounts made
available for the Taxpayer Advocate Service, not less than $5,500,000
shall be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $5,437,622,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2023; of which
not less than $60,257,000 shall be for the Interagency Crime and Drug
Enforcement program; of which not to exceed $21,000,000 shall be for
investigative technology for the Criminal Investigation Division; and
of which not more than $75,000,000 shall be available to address the
Internal Revenue Service's paper inventory of amended returns,
correspondence and adjustments to return filings: Provided, That the
amount made available for addressing paper inventory shall be in
addition to amounts made available for such purpose under the
``Taxpayer Services'' heading: Provided further, That the amount made
available for investigative technology for the Criminal Investigation
Division shall be in addition to amounts made available for the
Criminal Investigation Division under the ``Operations Support''
heading.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2023; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2024, for research; of which not less than $10,000,000, to remain
available until expended, shall be available for establishment of an
application through which entities registering and renewing
registrations in the System for Award Management may request an
authenticated electronic certification stating that the entity does or
does not have a seriously delinquent tax debt; of which not to exceed
$20,000 shall be for official reception and representation expenses;
and of which not more than $5,000,000 shall be available to address the
Internal Revenue Service's paper inventory of amended returns,
correspondence and adjustments to return filings: Provided, That the
amount made available for addressing paper inventory shall be in
addition to amounts made available for such purpose under the
``Taxpayer Services'' heading: Provided further, That not later than
30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate and the Comptroller General of the
United States detailing major information technology investments in the
Internal Revenue Service Integrated Modernization Business Plan
portfolio, including detailed, plain language summaries on the status
of plans, costs, and results; prior results and actual expenditures of
the prior quarter; upcoming deliverables and costs for the fiscal year;
risks and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year: Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2023, a summary of
cost and schedule performance information for its major information
technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $275,000,000, to remain available until
September 30, 2024, and shall be for the capital asset acquisition of
information technology systems, including management and related
contractual costs of said acquisitions, including related Internal
Revenue Service labor costs, and contractual costs associated with
operations authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate and the Comptroller General of the
United States detailing major information technology investments in the
Internal Revenue Service Integrated Modernization Business Plan
portfolio, including detailed, plain language summaries on the status
of plans, costs, and results; prior results and actual expenditures of
the prior quarter; upcoming deliverables and costs for the fiscal year;
risks and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award, or
recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. The Secretary of the Treasury (or the Secretary's
delegate) may use the funds made available in this Act, subject to such
policies as the Secretary (or the Secretary's delegate) may establish,
to utilize direct hire authority to recruit and appoint qualified
applicants, without regard to any notice or preference requirements,
directly to positions in the competitive service to process backlogged
tax returns and return information.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 112. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 113. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 115. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 116. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 119. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2022 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2022.
Sec. 120. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 121. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 122. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 123. During fiscal year 2022--
(1) none of the funds made available in this or any other Act
may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for the
promotion of social welfare for purposes of section 501(c)(4) of
the Internal Revenue Code of 1986 (including the proposed
regulations published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply after
the date of the enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of organizations
created on, before, or after such date.
Sec. 124. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within each
office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 125. In addition to amounts otherwise available, there is
appropriated to the Special Inspector General for Pandemic Recovery,
$8,000,000, to remain available until expended, for necessary expenses
in carrying out section 4018 of the Coronavirus Aid, Relief, and
Economic Security Act of 2020 (Public Law 116-136).
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2022''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $65,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $14,050,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,500,000,
to remain available until expended, for required maintenance,
resolution of safety and health issues, and continued preventative
maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,120,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,500,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $106,500,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President: Provided, That of the amounts provided under this
heading, up to $4,500,000 shall be available for a program to provide
payments (such as stipends, subsistence allowances, cost
reimbursements, or awards) to students, recent graduates, and veterans
recently discharged from active duty who are performing voluntary
services in the Executive Office of the President under section 3111(b)
of title 5, United States Code, or comparable authority and shall be in
addition to amounts otherwise available to pay or compensate such
individuals: Provided further, That such payments shall not be
considered compensation for purposes of such section 3111(b) and may be
paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $116,000,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly: Provided further, That no later than
14 days after the submission of the budget of the United States
Government for fiscal year 2023, the Director of the Office of
Management and Budget shall make publicly available on a website a
tabular list for each agency that submits budget justification
materials (as defined in section 3 of the Federal Funding
Accountability and Transparency Act of 2006) that shall include, at
minimum, the name of the agency, the date on which the budget
justification materials of the agency were submitted to Congress, and a
uniform resource locator where the budget justification materials are
published on the website of the agency.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403), including services authorized by 5 U.S.C. 3109,
$1,838,000.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended; not to exceed
$10,000 for official reception and representation expenses; and for
participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $18,952,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $296,600,000,
to remain available until September 30, 2023, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $5,800,000 may be used for auditing
services and associated activities and $3,500,000 shall be for a new
Grants Management System for use by the Office of National Drug Control
Policy: Provided further, That any unexpended funds obligated prior to
fiscal year 2020 may be used for any other approved activities of that
HIDTA, subject to reprogramming requirements: Provided further, That
each HIDTA designated as of September 30, 2021, shall be funded at not
less than the fiscal year 2021 base level, unless the Director submits
to the Committees on Appropriations of the House of Representatives and
the Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2022 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as
determined in consultation with the HIDTA Directors, not later than 90
days after enactment of this Act: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein and
upon notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $133,617,000, to remain
available until expended, which shall be available as follows:
$106,000,000 for the Drug-Free Communities Program, of which not more
than $11,250,000 is for administrative expenses, and of which
$2,500,000 shall be made available as directed by section 4 of Public
Law 107-82, as amended by section 8204 of Public Law 115-271;
$3,000,000 for drug court training and technical assistance;
$15,000,000 for anti-doping activities; up to $3,167,000 for the United
States membership dues to the World Anti-Doping Agency; $1,250,000 for
the Model Acts Program; and $5,200,000 for activities authorized by
section 103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other Federal
departments and agencies to carry out such activities: Provided
further, That the Director of the Office of National Drug Control
Policy shall, not fewer than 30 days prior to obligating funds under
this heading for United States membership dues to the World Anti-Doping
Agency, submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan and explanation of the
proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
until September 30, 2023.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $8,000,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,839,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $311,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2022, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such order
or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations and
outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal-year period beginning
in fiscal year 2022; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2022.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2022 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
issue a memorandum to all Federal departments, agencies, and
corporations directing compliance with the provisions in title VII of
this Act.
Sec. 204. (a) Beginning not later than 10 days after the date of
enactment of this Act and until the requirements of subsection (b) are
completed, the Office of Management and Budget shall provide to the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate each document apportioning an
appropriation, pursuant to section 1513(b) of title 31, United States
Code, approved by the Office of Management and Budget, including any
associated footnotes, not later than 2 business days after the date of
approval of such apportionment by the Office of Management and Budget.
(b) Not later than 120 days after the date of enactment of this
Act, the Office of Management and Budget shall complete implementation
of an automated system to post each document apportioning an
appropriation, pursuant to section 1513(b) of title 31, United States
Code, including any associated footnotes, in a format that qualifies
each such document as an Open Government Data Asset (as defined in
section 3502 of title 44, United States Code), not later than 2
business days after the date of approval of such apportionment, and
shall place on such website each document apportioning an
appropriation, pursuant to such section 1513(b), including any
associated footnotes, already approved the current fiscal year, and
shall report the date of completion of such requirements to the
Committees on Appropriations and the Budget of the House of
Representatives and Senate.
(c) Each document apportioning an appropriation pursuant to section
1513(b) of title 31, United States Code, that is posted on a publicly
accessible website pursuant to such section shall also include a
written explanation by the official approving each such apportionment
stating the rationale for any footnotes for apportioned amounts:
Provided, That the Office of Management and Budget or the applicable
department or agency shall make available classified documentation
referenced in any apportionment at the request of the chair or ranking
member of any appropriate congressional committee or subcommittee.
(d)(1) Not later than 15 days after the date of enactment of this
Act, any delegation of apportionment authority pursuant to section
1513(b) of title 31, United States Code, that is in effect as of such
date shall be submitted for publication in the Federal Register:
Provided, That any delegation of such apportionment authority after the
date of enactment of this section shall, on the date of such
delegation, be submitted for publication in the Federal Register:
Provided further, That the Office of Management and Budget shall
publish such delegations in a format that qualifies such publications
as an Open Government Data Asset (as defined in section 3502 of title
44, United States Code) on a public Internet website, which shall be
continuously updated with the position of each Federal officer or
employee to whom apportionment authority has been delegated.
(2) Not later than 5 days after any change in the position of the
approving official with respect to such delegated apportionment
authority for any account is made, the Office shall submit a report to
the appropriate congressional committees explaining why such change was
made.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2022''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $98,338,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $14,434,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $34,280,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $20,600,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,580,052,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$9,850,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,343,175,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $32,603,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court or Administrative Office of
the United States Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court or
Administrative Office of the United States Courts operations, building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $704,800,000, of which not to exceed
$20,000,000 shall remain available until expended, to be expended
directly or transferred to the United States Marshals Service, which
shall be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States Courts and
the Attorney General: Provided, That funds made available under this
heading may be used for managing a Judiciary-wide program to facilitate
security and emergency management services among the Judiciary, United
States Marshals Service, Federal Protective Service, General Services
Administration, other Federal agencies, state and local governments and
the public; and, notwithstanding sections 331, 566(e)(1), and 566(i) of
title 28, United States Code, for identifying and pursuing the
voluntary redaction and reduction of personally identifiable
information on the internet of judges and other familial relatives who
live at the judge's domicile.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $98,545,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,885,000; of which $1,800,000 shall
remain available through September 30, 2023, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $20,564,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--the Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``30 years and 6 months'' and inserting ``31
years and 6 months''; and
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ``27 years and 6 months'' and inserting ``28 years and
6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``28 years and 6 months'' and
inserting ``29 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``19 years'' and
inserting ``20 years'';
(2) in the second sentence (relating to the central District of
California), by striking ``18 years and 6 months'' and inserting
``19 years and 6 months''; and
(3) in the third sentence (relating to the western district of
North Carolina), by striking ``17 years'' and inserting ``18
years''.
This title may be cited as the ``Judiciary Appropriations Act,
2022''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$25,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$257,591,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,366,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $133,829,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $83,443,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$25,953,000, to remain available until September 30, 2023, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That, in addition
to the amounts appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and processing
District of Columbia bar admissions may be retained and credited to
this appropriation, to remain available until expended, for salaries
and expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.50): Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$286,426,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000
is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$206,006,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons, of which $14,747,000 shall
remain available until September 30, 2024, for costs associated with
the relocation under replacement leases for headquarters offices, field
offices and related facilities: Provided further, That, of the funds
appropriated under this heading, $80,420,000 shall be available to the
Pretrial Services Agency, of which $7,304,000 shall remain available
until September 30, 2024, for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under this
heading may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $52,598,000, of which $5,175,000 shall remain
available until September 30, 2024, for salaries and expenses
associated with providing representation pursuant to title III of the
Comprehensive Youth Justice Amendment Act of 2016 (D.C. Law 21-238;
D.C. Official Code, sec. 24-403.03), as amended by title VI of the
Omnibus Public Safety and Justice Amendment Act of 2020 (D.C. Law 23-
274): Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public Defender Service
may establish for employees of the District of Columbia Public Defender
Service a program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code, except that
the maximum amount of the payment made under the program to any
individual may not exceed the amount referred to in section
3523(b)(3)(B) of title 5, United States Code: Provided further, That
for the purposes of engaging with, and receiving services from, Federal
Franchise Fund Programs established in accordance with section 403 of
the Government Management Reform Act of 1994, as amended, the District
of Columbia Public Defender Service shall be considered an agency of
the United States Government: Provided further, That the District of
Columbia Public Defender Service may enter into contracts for the
procurement of severable services and multiyear contracts for the
acquisition of property and services to the same extent and under the
same conditions as an executive agency under sections 3902 and 3903 of
title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,150,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2023, to the Commission on Judicial Disabilities and Tenure, $330,000,
and for the Judicial Nomination Commission, $288,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships up to $1,750,000 shall be for the
activities specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in section 3009 of
the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$600,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2022 Local Budget Act of 2021 (D.C. Act 24-173) and at rates set
forth under such Act, as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2022 under this
heading shall not exceed the estimates included in the Fiscal Year 2022
Local Budget Act of 2021, as amended as of the date of enactment of
this Act or the sum of the total revenues of the District of Columbia
for such fiscal year: Provided further, That the amount appropriated
may be increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act: Provided further,
That the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2022, except that the Chief Financial
Officer may not reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2022''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,400,000, to
remain available until September 30, 2023, of which not to exceed
$1,000 is for official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $139,050,000, of which
$2,000,000 shall remain available until expended, to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2022, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department
of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $20,000,000, of which $1,500,000 shall be
made available to the National Institute of Standards and Technology
for election reform activities authorized under the Help America Vote
Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided to the
Election Assistance Commission for necessary expenses to make payments
to States for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements, as authorized by sections 101, 103, and
104 of such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands shall be
deemed to be a State and, for purposes of sections 101(d)(2) and 103(a)
shall be treated in the same manner as the Commonwealth of Puerto Rico,
Guam, American Samoa, and the United States Virgin Islands: Provided
further, That each reference to the ``Administrator of General
Services'' or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103 shall be
deemed to refer to ``$1,000,000'' and each reference to ``$1,000,000''
in section 103 shall be deemed to refer to ``$200,000'': Provided
further, That not later than 45 days after the date of enactment of
this Act, the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That not later than two
years after receiving a payment under this heading, a State shall make
available funds for such activities in an amount equal to 20 percent of
the total amount of the payment made to the State under this heading:
Provided further, That States shall submit quarterly financial reports
and annual progress reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $381,950,000, to remain available until expended: Provided, That
$381,950,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2022 so as to result in a final fiscal year
2022 appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $128,621,000 for fiscal year 2022:
Provided further, That, of the amount appropriated under this heading,
not less than $11,854,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2021''
each place it appears and inserting ``December 31, 2022''.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004, recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$46,500,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $74,500,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$27,398,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Permitting Improvement Steering Council
environmental review improvement fund
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $10,000,000, to remain
available until expended.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $376,530,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $138,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $20,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2022, so as to result in a final fiscal
year 2022 appropriation from the general fund estimated at not more
than $218,530,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $9,342,205,000, of which--
(1) $299,476,000 shall remain available until expended for new
construction and acquisition (including funds for sites and
expenses, and associated design and construction services and
feasibility studies), and demolition and related site and security
expenses, of which--
(A) $245,976,000 is for new construction and acquisition,
as follows:
Connecticut:
Hartford, U.S. Courthouse, $138,000,000;
Puerto Rico:
San Juan, U.S. Courthouse, $22,476,000;
Tennessee:
Chattanooga, U.S. Courthouse, $85,500,000;
(B) $52,000,000 is for demolition of the buildings located
at 202-220 South State Street in Chicago, Illinois, and
protection of the adjacent buildings during the demolition
process, securing the vacant site of the demolished buildings,
and landscaping the vacant site following demolition; and
(C) $1,500,000 is for feasibility studies to assess goals,
scope, customer need, and alternatives for the following
projects:
Arizona:
Nogales, Dennis DeConcini U.S. Land Port of Entry, $500,000;
Georgia:
Atlanta, Chamblee Campus, $500,000;
New Mexico:
Santa Teresa, U.S. Land Port of Entry, $500,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the extent
that savings are effected in other such projects, but not to exceed
10 percent of the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the Committees
on Appropriations of the House of Representatives and the Senate of
a greater amount;
(2) $581,581,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $139,893,000 is for Major Repairs and Alterations as
follows:
Alabama:
Selma, U.S. Federal Building and Courthouse, $4,200,000;
District of Columbia:
Regional Office Building, Phase 2, $4,941,000;
Maryland:
Suitland, Suitland Federal Campus, $20,000,000;
Michigan:
Detroit, Patrick V. McNamara Federal Building Garage,
$1,208,000;
Mississippi:
Hattiesburg, William M. Colmer Federal Building and U.S.
Courthouse, $27,000,000;
Vicksburg, Mississippi River Commission Building, $23,749,000;
Washington:
Tacoma, Tacoma Union Station, $3,395,000;
West Virginia:
Clarksburg, Clarksburg Post Office and U.S. Courthouse,
$55,400,000;
(B) $388,710,000 is for Basic Repairs and Alterations; and
(C) $52,978,000 is for Special Emphasis Programs as
follows:
Childcare Facilities Security and Systems Improvements,
$15,000,000;
Consolidation Activities, $8,178,000;
Fire Protection and Life Safety, $10,000,000; and
Judiciary Capital Security Program, $19,800,000:
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act may
be increased by an amount not to exceed 10 percent unless advance
approval is obtained from the Committees on Appropriations of the
House of Representatives and the Senate of a greater amount:
Provided further, That additional projects for which prospectuses
have been fully approved may be funded under this category only if
advance approval is obtained from the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That the amounts provided in this or any prior Act for ``Repairs
and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet
the minimum standards for security in accordance with current law
and in compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided further,
That the difference between the funds appropriated and expended on
any projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to ``Basic Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects: Provided further, That the amount provided in this or
any prior Act for ``Basic Repairs and Alterations'' may be used to
pay claims against the Government arising from any projects under
the heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,665,148,000 for rental of space to remain available
until expended; and
(4) $2,796,000,000 for building operations to remain available
until expended: Provided, That the total amount of funds made
available from this Fund to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if
required by 40 U.S.C. 3307(a), has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund may be
expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control
as may be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to this
Fund during fiscal year 2022, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall not
be available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $68,720,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, and management; and services as authorized by 5
U.S.C. 3109; $52,540,000, of which not to exceed $7,500 is for official
reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$9,580,000, of which $2,000,000 shall remain available until September
30, 2023.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $69,000,000: Provided, That not
to exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $5,000,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $55,000,000, to be deposited
into the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the purpose
of the Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited
into the Fund shall be available until expended for necessary expenses
of Federal Citizen Services and other activities that enable the
Federal Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed $150,000,000:
Provided further, That appropriations, revenues, reimbursements, and
collections accruing to this Fund during fiscal year 2022 in excess of
such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That the transfer authorities provided herein shall be in
addition to any other transfer authority provided in this Act:
Provided further, That of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-time hires
to support activities related to the Administration's requirements
under Title II of the Foundations for Evidence-Based Policy-making Act
of 2018 (Public Law 115-435).
asset proceeds and space management fund
For carrying out section 16(b) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), $4,000,000, to remain
available until expended.
working capital fund
For the Working Capital Fund of the General Services
Administration, $4,000,000, to remain available until expended, for
necessary costs incurred by the Administrator to modernize rulemaking
systems and to provide support services for Federal rulemaking
agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2022 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2023
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. Section 323 of title 40, United States Code, is amended
by adding at the end a new subsection:
``(f) The Administrator may enter into agreements with federal
agencies to provide services through the Fund on a fully reimbursable
basis.''.
Sec. 528. Section 3173(d)(1) of title 40, United States Code, is
amended by inserting before the period the following: ``or for agency-
wide acquisition of equipment or systems or the acquisition of services
in lieu thereof, as necessary to implement the Act''.
Sec. 529. Section 3173(b)(1) of title 40, United States Code, is
amended by inserting ``, including advance payments,'' after ``Amounts
received''.
Sec. 530. (a) The Administrator of the General Services
Administration shall select a site from one of the three listed in the
General Services Administration Fiscal Year 2017 PNCR-FBI-NCR17
prospectus for a new fully consolidated Federal Bureau of
Investigations (FBI) headquarters. Such decision shall be made in as
expeditious manner as possible.
(b) Within 180 days of selecting a site, the General Services
Administrator shall transmit to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Environment and Public Works of the Senate, a report
on the construction of a new headquarters for the FBI in the National
Capital Region.
(c) The report transmitted under subsection (b) shall be consistent
with the requirements of section 3307(b) of title 40, United States
Code, and include a summary of the material provisions of the
construction and consolidation of the FBI in a new headquarters
facility, including all the costs associated design, management, and
inspection, and a description of all buildings and infrastructure
needed to complete the project.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $2,500,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $45,825,000, to remain available until
September 30, 2023, and in addition not to exceed $2,345,000, to remain
available until September 30, 2023, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Foundation,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,800,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act, up to
$1,000,000 shall be available to carry out the activities authorized by
section 6(7) of Public Law 102-259 and section 817(a) of Public Law
106-568 (20 U.S.C. 5604(7)): Provided, That all current and previous
amounts transferred to the Office of Inspector General of the
Department of the Interior will remain available until expended for
audits and investigations of the Morris K. Udall and Stewart L. Udall
Foundation, consistent with the Inspector General Act of 1978 (5 U.S.C.
App.), as amended, and for annual independent financial audits of the
Morris K. Udall and Stewart L. Udall Foundation pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289):
Provided further, That previous amounts transferred to the Office of
Inspector General of the Department of the Interior may be transferred
to the Morris K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,296,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $388,310,000, of which $29,000,000 shall remain available
until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and store
Government records, and of which up to $2,000,000 shall remain
available until expended to implement the Civil Rights Cold Case
Records Collection Act of 2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,968,000.
repairs and restoration
(including transfer of funds)
For the repair, alteration, and improvement of archives facilities
and museum exhibits, related equipment for public spaces, and to
provide adequate storage for holdings, $71,000,000, to remain available
until expended, of which $11,500,000 is for the Harry S. Truman Library
Institute for National and International Affairs in Kansas City,
Missouri, and of which $20,000,000 is for the Ulysses S. Grant
Presidential Library in Starkville, Mississippi: Provided, That such
funds may be transferred directly to the Truman Library Institute and
to Mississippi State University and maybe used for improvements to
library grounds and construction and related activities.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $7,000,000,
to remain available until expended.
administrative provision--national archives and records administration
Sec. 531. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'', $5,265,000, which
shall be for initiatives in the amounts and for the projects specified
in the table that appears under the heading ``Administrative
Provisions--National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of the funds
made available by this section may be transferred for any other
purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,545,000 shall be
available until September 30, 2023, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Representative Louise McIntosh
Slaughter Stop Trading on Congressional Knowledge Act, including
services as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $19,158,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty, $164,934,000:
Provided, That of the total amount made available under this heading,
$8,842,000 shall remain available until expended, for information
technology infrastructure modernization and Trust Fund Federal
Financial System migration or modernization, and shall be in addition
to funds otherwise made available for such purposes: Provided further,
That of the total amount made available under this heading, $1,073,201
may be made available for strengthening the capacity and capabilities
of the acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including
the recruitment, hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $174,714,000 for administrative expenses,
to be transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of printed
materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2022, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission:
Provided further, That not to exceed 5 percent of amounts made
available under this heading may be transferred to an information
technology working capital fund established for purposes authorized by
subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40 U.S.C.
11301 note): Provided further, That the Director of the OPM shall
notify, and receive approval from, the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days in advance
of any transfer under the preceding proviso: Provided further, That
amounts transferred to such a fund under such transfer authority from
any organizational category of the OPM shall not exceed 5 percent of
each such organizational category's budget as identified in the report
required by section 608 of this Act: Provided further, That amounts
transferred to such a fund shall remain available for obligation
through September 30, 2025.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,150,000, and in addition, not to exceed $28,083,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles, $30,385,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $17,510,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $9,800,000, to
remain available until September 30, 2023.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $3,605,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,988,550,000, to remain available until
expended; of which not less than $17,649,400 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission's Fort Worth Regional Office facilities, not to exceed
$6,746,000, to remain available until expended; and for move,
replication, and related costs associated with a replacement lease for
the Commission's San Francisco Regional Office facilities, not to
exceed $4,367,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2022, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2022:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $1,988,550,000 of such offsetting collections shall be available
until expended for necessary expenses of this account; not to exceed
$6,746,000 of such offsetting collections shall be available until
expended for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's Fort Worth
Regional Office facilities; and not to exceed $4,367,000 of such
offsetting collections shall be available until expended for move,
replication, and related costs under this heading associated with a
replacement lease for the Commission's San Francisco Regional Office
facilities: Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2022 shall be
reduced as such offsetting fees are received so as to result in a final
total fiscal year 2022 appropriation from the general fund estimated at
not more than $0: Provided further, That if any amount of the
appropriation for move, replication, and related costs associated with
a replacement lease for the Commission's Fort Worth Regional Office
facilities or if any amount of the appropriation for move, replication,
and related costs associated with a replacement lease for the
Commission's San Francisco Regional Office facilities is subsequently
de-obligated by the Commission, such amount that was derived from the
general fund shall be returned to the general fund, and such amounts
that were derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and national
securities association, respectively, in proportion to any fees or
assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) in fiscal year 2022.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $29,200,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $278,378,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2022: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2023.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $290,150,000, to remain available until
September 30, 2023: Provided, That $138,000,000 shall be available to
fund grants for performance in fiscal year 2022 or fiscal year 2023 as
authorized by section 21 of the Small Business Act: Provided further,
That $37,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $20,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$22,671,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,466,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2022
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $11,000,000,000: Provided
further, That during fiscal year 2022 commitments for general business
loans authorized under paragraphs (1) through (35) of section 7(a) of
the Small Business Act shall not exceed $30,000,000,000 for a
combination of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That during
fiscal year 2022 commitments for loans authorized under subparagraph
(C) of section 502(7) of the Small Business Investment Act of 1958 (15
U.S.C. 696(7)) shall not exceed $4,000,000,000: Provided further, That
during fiscal year 2022 commitments to guarantee loans for debentures
under section 303(b) of the Small Business Investment Act of 1958 shall
not exceed $5,000,000,000: Provided further, That during fiscal year
2022, guarantees of trust certificates authorized by section 5(g) of
the Small Business Act shall not exceed a principal amount of
$13,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $163,000,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $178,000,000, to
be available until expended, of which $1,600,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $168,000,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $8,400,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds provided under this heading,
$143,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major disasters
under this heading is designated by Congress as being for disaster
relief pursuant to section 4004(b)(6) and section 4005(f) of S. Con.
Res. 14 (117th Congress), the concurrent resolution on the budget for
fiscal year 2022.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under the
headings ``Salaries and Expenses'' and ``Business Loans Program
Account'' may be transferred to the Administration's information
technology system modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of the
National Defense Authorization Act for Fiscal Year 2018, for the
purposes specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2025.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $83,022,000, which shall be
for initiatives related to small business development and
entrepreneurship, including programmatic and construction activities,
in the amounts and for the projects specified in the table that appears
under the heading ``Administrative Provisions--Small Business
Administration'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That, notwithstanding sections 2701.92 and 2701.93 of title
2, Code of Federal Regulations, the Administrator of the Small Business
Administration may permit awards to subrecipients for initiatives
funded under this section: Provided further, That none of the funds
made available by this section may be transferred for any other
purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $52,570,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices: Provided further, That
the Postal Service may not destroy, and shall continue to offer for
sale, any copies of the Multinational Species Conservation Funds
Semipostal Stamp, as authorized under the Multinational Species
Conservation Funds Semipostal Stamp Act of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$262,000,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses; $57,783,000, of which
$1,000,000 shall remain available until expended: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. 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 appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2022, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation, detailing both full-time
employee equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions,
if appropriate, and the fiscal year enacted level; (2) a delineation in
the table for each appropriation and its respective prior year enacted
level by object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which shall
apply to all items for which a dollar amount is specified and to all
programs for which new budget authority is provided, as well as to
discretionary grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2022 from appropriations made available for salaries
and expenses for fiscal year 2022 in this Act, shall remain available
through September 30, 2023, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code from the Department of the Treasury or the Internal Revenue
Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such request
and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement and
Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions
other than subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 619. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 621. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 622. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 623. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II: Provided
further, That any such alternative mechanism shall maintain existing
high-cost support to competitive eligible telecommunications carriers
until support under such mechanism commences.
Sec. 624. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 625. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are consistent
with 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this Act may
be used to pay for travel and conference activities that result in a
total cost to an Executive branch department, agency, board or
commission funded by this Act of more than $500,000 at any single
conference unless the agency or entity determines that such attendance
is in the national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $850,000, to remain available until expended, shall
be provided for an additional amount for such purpose to the Inspectors
General Council Fund established pursuant to section 11(c)(3)(B) of the
Inspector General Act of 1978 (5 U.S.C. App.): Provided, That these
amounts shall be in addition to any amounts or any authority available
to the Council of the Inspectors General on Integrity and Efficiency
under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.).
Sec. 630. None of the funds made available by this Act may be
obligated on contracts in excess of $5,000 for public relations, as
that term is defined in Office and Management and Budget Circular A-87
(revised May 10, 2004), unless advance notice of such an obligation is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 631. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 632. 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, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 633. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 634. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Committees
on Appropriations of the Senate and the House of Representatives a
quarterly budget report that includes total obligations of the Agency
for that quarter for each appropriation, by the source year of the
appropriation.
Sec. 635. Of the unobligated balances available in the Department
of the Treasury, Treasury Forfeiture Fund, established by section 9703
of title 31, United States Code, $175,000,000 shall be permanently
rescinded not later than September 30, 2022.
Sec. 636. (a) Designation.--The Federal building and courthouse
located at 2005 University Boulevard in Tuscaloosa, Alabama, shall be
known and designated as the ``Richard Shelby Federal Building and
Courthouse''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building and
courthouse referred to in subsection (a) shall be deemed to be a
reference to the ``Richard Shelby Federal Building and Courthouse''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2022 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13834 (May 17, 2018),
including any such programs adopted prior to the effective date of
the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the Postal
Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2022 shall remain available for obligation
through September 30, 2023: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346 , or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science, Space,
and Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2022, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal Government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2022, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2022, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(B) during the period consisting of the remainder of fiscal
year 2022, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than
the sum of--
(i) the percentage adjustment taking effect in fiscal year
2022 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2022 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2021, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2021, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2021.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2022 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in the
same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under sections 5303 and 5304 of title 5,
United States Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5, United States Code,
and prevailing rate employees described in section 5343(a)(5) of
title 5, United States Code, shall be considered to be located in
the pay locality designated as ``Rest of United States'' pursuant
to section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2021.
Sec. 738. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2022 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2022 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 740. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General or the Office of Special
Counsel of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by controlling
Executive orders and statutory provisions are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation of
law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 744. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2022, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to the
Vice President during calendar year 2022 shall be the rate payable to
the Vice President on December 31, 2021, by operation of section 748 of
division E of Public Law 116-260.
(b) Notwithstanding any official rate adjusted under section 5318
of title 5, United States Code, or any other provision of law, the
payable rate during calendar year 2022 for an employee serving in an
Executive Schedule position, or in a position for which the rate of pay
is fixed by statute at an Executive Schedule rate, shall be the rate
payable for the applicable Executive Schedule level on December 31,
2021, by operation of section 748 of division E of Public Law 116-260.
Such an employee may not receive a rate increase during calendar year
2022, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission
or ambassador at large is subject to subsection (b) in the same manner
as other employees who are paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service paid
a rate of basic pay at or above the official rate for level IV of
the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee in
the Senior Executive Service serving under a political appointment
and paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not receive a
pay rate increase during calendar year 2022, except as provided in
subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality- based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase
during calendar year 2022, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465)
for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay and
applicable limitations on payable rates of pay in effect on December
31, 2021, by operation of section 748 of division E of Public Law 116-
260.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2021, by operation of section 748 of division E
of Public Law 116-260.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2022 but ends in
calendar year 2023, the bar on the employee's receipt of pay rate
increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered position''
means a position occupied by an employee whose pay is restricted under
this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2022.
Sec. 748. (a) Each department or agency of the executive branch of
the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives and the
Senate and any other appropriate congressional committees if--
(1) an apportionment is not made in the required time period
provided in section 1513(b) of title 31, United States Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on further
action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such appropriation or
the execution of a program, project, or activity by such department
or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation
Fund Symbol or fund account.
Sec. 749. (a) Any non-Federal entity receiving funds provided in
this or any other appropriations Act for fiscal year 2022 that are
specified in the disclosure table submitted in compliance with clause 9
of rule XXI of the Rules of the House of Representatives or Rule XLIV
of the Standing Rules of the Senate that is included in the report or
explanatory statement accompanying any such Act shall be deemed to be a
recipient of a Federal award with respect to such funds for purposes of
the requirements of 2 C.F.R. 200.334, regarding records retention, and
2 C.F.R. 200.337, regarding access by the Comptroller General of the
United States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or any
existing authority of the Comptroller General.
Sec. 750. Section 15010(a)(6) of division B of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136) is
amended--
(1) in subparagraph (D), by striking ``or'';
(2) in subparagraph (E), by striking ``; and'' and inserting
``; or''; and
(3) by inserting after subparagraph (E), the following:
``(F) the American Rescue Plan Act of 2021 (Public Law 117-
2); and''.
Sec. 751. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available by this or any
other Act to any Federal agency may be used by that Federal agency for
interagency funding for coordination with, participation in, or
recommendations involving, activities of the U.S. Army Medical Research
and Development Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research programs.
Sec. 752. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2022, 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 expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless prior
approval is received from the Committees on Appropriations of the
House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2022.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an officer
or employee of the Office of the Chief Medical Examiner who resides
in the District of Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland Security
and Emergency Management Agency, an officer or employee of the
Homeland Security and Emergency Management Agency who resides in
the District of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative for recreational
purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2022 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2022 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2022 in this Act, shall remain available through September 30,
2023, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2023, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2023 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2023 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2023 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2023.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2023 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2023 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period;
or
(2) specifically provides that no appropriation shall be made,
no funds shall be made available, or no authority shall be granted
for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9-1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means the
project carried out by the District of Columbia and the Commonwealth of
Virginia to construct a new Long Bridge adjacent to the existing Long
Bridge over the Potomac River, including related infrastructure and
other related projects, to expand commuter and regional passenger rail
service and to provide bike and pedestrian access crossings over the
Potomac River.
Sec. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
Sec. 819. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2022''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $236,053,000; of which
$23,204,000 shall be for the Office of the Ombudsman for Immigration
Detention, of which $5,000,000 shall remain available until September
30, 2023: Provided, That not to exceed $30,000 shall be for official
reception and representation expenses: Provided further, That
$5,000,000 shall be withheld from obligation until the Secretary
submits, to the Committees on Appropriations of the Senate and the
House of Representatives, responses to all questions for the record for
each hearing on the fiscal year 2023 budget submission for the
Department of Homeland Security held by such Committees prior to July
1.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $35,000,000, which shall
be transferred to ``Federal Emergency Management Agency--Federal
Assistance'', of which $20,000,000 shall be for targeted violence and
terrorism prevention grants and of which $15,000,000 shall be for an
Alternatives to Detention Case Management pilot program, to remain
available until September 30, 2023: Provided, That the amounts made
available for the pilot program shall be awarded as described in the
first proviso under this heading in title I of division F of Public Law
116-260 and services shall be provided as described in the second and
third such provisos.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including vehicle fleet modernization, $1,637,009,000, of
which $33,500,000 shall remain available until September 30, 2023:
Provided, That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $491,816,000, of which
$132,116,000 shall remain available until September 30, 2024, and of
which $359,700,000 shall remain available until September 30, 2026.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$298,171,000, of which $89,672,000 shall remain available until
September 30, 2023: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General for
operations and support, $205,359,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2022, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2021 or 2022.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2023.
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. (a) The Under Secretary for Management shall brief the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the end of each fiscal
quarter on all Level 1 and Level 2 acquisition programs on the Master
Acquisition Oversight list between Acquisition Decision Event 1 and
Full Operational Capability, including programs that have been removed
from such list during the preceding quarter.
(b) For each such program without a department-approved acquisition
program baseline, the briefing described in subsection (a) shall
include--
(1) a description of the purpose of the program, including the
capabilities being acquired and the component(s) sponsoring the
acquisition; and
(2) the Acquisition Review Board status, including--
(A) the current acquisition phase;
(B) the date and purpose of the most recent review; and
(C) whether the program has been paused or is in breach
status.
(c) For each such program with a department-approved acquisition
program baseline, the briefing described in subsection (a) shall
include--
(1) a description of the purpose of the program, including the
capabilities being acquired and the component(s) sponsoring the
acquisition;
(2) the total number of units, as appropriate, to be acquired
annually until procurement is complete under the current
acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in breach
status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such thresholds
and objectives, if applicable;
(5) the lifecycle cost estimate, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate; and
(C) a description of and rationale for any changes to the
estimate during the prior fiscal year;
(6) a summary of the findings of any independent verification
and validation of the items to be acquired or an explanation for
why no such verification and validation has been performed;
(7) a table displaying the obligation of all program funds by
prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover of
funds into the subsequent fiscal year;
(8) a listing of prime contractors and major subcontractors;
and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(d) The Under Secretary for Management shall submit each approved
Acquisition Decision Memoranda for programs described in this section
to the Committees on Appropriations of the Senate and the House of
Representatives not later than five business days after the date of
approval of such memorandum by the Under Secretary for Management or
the designee of the Under Secretary.
Sec. 107. (a) No Federal funds made available to the Department of
Homeland Security may be obligated for any pilot or demonstration
program that uses more than 5 full-time equivalents or costs in excess
of $1,000,000 until 30 days after the date on which the Under Secretary
for Management of the Department of Homeland Security provides the
following to the Committees on Appropriations of the Senate and the
House of Representatives for such program:
(1) Objectives that are well-defined and measurable;
(2) An assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for and frequency of collecting such data;
and
(C) how such data will be analyzed;
(3) An implementation plan, including milestones, a cost
estimate, and schedule, including an end date; and
(4) A signed interagency agreement or memorandum of agreement
for any pilot or demonstration program involving the participation
of more than one Department of Homeland Security component or that
of an entity not part of such Department.
(b) Not later than 30 days after the date of completion of a pilot
or demonstration program described in subsection (a), the Under
Secretary for Management of the Department of Homeland Security shall
provide a report to the Committees on Appropriations of the Senate and
the House of Representatives detailing lessons learned, actual costs,
and any planned expansion or continuation of the pilot or demonstration
program.
(c) For the purposes of this section, a pilot or demonstration
program is a policy implementation, study, demonstration, experimental
program, or trial that is a small-scale, short-term experiment
conducted in order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort.
Sec. 108. (a) Amounts provided in title II of division B of Public
Law 117-70 for ``Office of the Secretary and Executive Management--
Operations and Support'' are available for providing reimbursement to
airports and airport operators for costs incurred between August 1,
2021, and September 30, 2022, for activities directly and demonstrably
related to Operation Allies Welcome.
(b) Each amount repurposed by this section that was previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 or a
concurrent resolution on the budget is designated by the Congress as an
emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
alien minors; the provision of air and marine support to Federal,
State, local, and international agencies in the enforcement or
administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision
of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles; the
purchase, maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for personal
services abroad; $13,756,194,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $700,000,000 shall
be available until September 30, 2023; and of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $5,000,000 may be
transferred to the Bureau of Indian Affairs for the maintenance and
repair of roads on Native American reservations used by the U.S. Border
Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $572,083,000, of
which $93,425,000 shall remain available until September 30, 2024; and
of which $478,658,000 shall remain available until September 30, 2026.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,206,526,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$46,696,000 shall remain available until September 30, 2023; of which
not less than $1,500,000 is for paid apprenticeships for participants
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center; and of which
not less than $4,175,786,000 shall be for enforcement, detention, and
removal operations, including transportation of unaccompanied alien
minors: Provided, That not to exceed $11,475 shall be for official
reception and representation expenses: Provided further, That not to
exceed $10,000,000 shall be available until expended for conducting
special operations under section 3131 of the Customs Enforcement Act of
1986 (19 U.S.C. 2081): Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided further, That of the amounts
made available under this heading in this Act for Executive Leadership
and Oversight, $5,000,000 shall not be available for obligation until
the reports directed under this heading by the explanatory statements
accompanying Public Laws 116-6, 116-93, and 116-260 have been submitted
to the Committees on Appropriations of the Senate and the House of
Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $51,700,000, of which
$34,321,000 shall remain available until September 30, 2024, and of
which $17,379,000 shall remain available until September 30, 2026.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $8,091,193,000, to remain
available until September 30, 2023: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2022 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $5,981,193,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$160,736,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $35,532,000, to remain
available until September 30, 2023.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $9,162,120,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $5,000,000 shall remain available until September 30, 2024; of
which $27,456,000 shall remain available until September 30, 2026, for
environmental compliance and restoration; and of which $70,000,000
shall remain available until September 30, 2023, which shall only be
available for vessel depot level maintenance: Provided, That not to
exceed $23,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $2,030,100,000, to remain available until September
30, 2026; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which such
sums as were deposited into the Coast Guard Housing Fund prior to
fiscal year 2021 that remain unavailable for obligation shall be
available to carry out the purposes of section 2946 of title 14, United
States Code, in addition to amounts otherwise available for such
purposes, and shall be derived from such deposits.
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2024, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,963,519,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,554,729,000; of which $53,321,000 shall remain available until
September 30, 2023, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $17,000,000 may be for calendar year 2021 premium
pay in excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services Act
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $54,849,000, to remain
available until September 30, 2024.
research and development
For necessary expenses of the United States Secret Service for
research and development, $2,310,000, to remain available until
September 30, 2023.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2022''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2022 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-25), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives
within 2 business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations of the
Senate and the House of Representatives.
(b) No such amounts may be obligated prior to the submission of
such plan.
Sec. 209. Of the total amount made available under ``U.S. Customs
and Border Protection--Procurement, Construction, and Improvements'',
$572,083,000 shall be available only as follows:
(1) $276,000,000 for the acquisition and deployment of border
security technologies;
(2) $99,653,000 for trade and travel assets and infrastructure;
(3) $93,425,000 for facility construction and improvements;
(4) $72,395,000 for integrated operations assets and
infrastructure; and
(5) $30,610,000 for mission support and infrastructure.
Sec. 210. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act.
Sec. 211. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2022, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 212. Section 411(o)(3) of the Homeland Security Act of 2002
(6 U.S.C. 211(o)(3)), is amended by striking ``170'' and inserting
``250''.
Sec. 213. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $100,000,000, to remain available
until September 30, 2023, in addition to amounts otherwise available
for such purposes, for Border Patrol hiring and contractors, retention
and relocation incentives and contract support.
Sec. 214. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 215. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 216. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 217. The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act, 2021
(division F of Public Law 116-260) shall continue to be submitted
semimonthly and each matter required to be included in such report by
such section 216 shall apply in the same manner and to the same extent
during the period described in this section.
Sec. 218. The terms and conditions of sections 216 and 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 219. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 220. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 221. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2022, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 222. Not later than 30 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan that includes a plan for
continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002, as
amended by section 3 of the Transportation Security Acquisition
Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening Technologies
report as required by the Senate Report accompanying the Department
of Homeland Security Appropriations Act, 2019 (Senate Report 115-
283).
Sec. 223. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in accordance
with the notification requirement described in subsection (b) of such
section, up to the following amounts may be reprogrammed within ``Coast
Guard--Operations and Support''--
(1) $10,000,000 to or from the ``Military Personnel'' funding
category; and
(2) $10,000,000 between the ``Field Operations'' funding
subcategories.
Sec. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 226. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and Support'',
up to $190,000,000 that are used for enduring overseas missions in
support of the global fight against terrorism may be reallocated by
program, project, and activity, notwithstanding section 503 of this
Act.
Sec. 227. None of the funds in this Act shall be used to reduce
the Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 230. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2022 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 231. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall be used
to charge a fee for an inspection of a towing vessel, as defined in 46
CFR Section 136.110, that utilizes the Towing Safety Management System
option for a Certificate of Inspection issued under subchapter M of
title 46, Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of
the Coast Guard makes a determination under section 815(a) of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282)
and, as necessary based on such determination, carries out the
requirements of subsection 815(b) of such Act.
Sec. 232. (a) For an additional amount for ``Coast Guard--
Procurement, Construction, and Improvements'', $50,000,000, to remain
available until expended, which shall be distributed as a grant for the
National Coast Guard Museum to carry out activities under section
316(d) of title 14, United States Code.
(b) The Coast Guard shall not be responsible for the execution of
any contracts, planning, or execution of work to accomplish any
activities outlined in section 316(d) of title 14, United States Code.
Sec. 233. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 234. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 235. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 236. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,992,527,000, of which
$36,293,000, shall remain available until September 30, 2023:
Provided, That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$590,698,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $10,431,000, to remain
available until September 30, 2023.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,245,859,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $209,985,000, of which
$98,775,000 shall remain available until September 30, 2024, and of
which $111,210,000 shall remain available until September 30, 2026:
Provided, That the Administrator of the Federal Emergency Management
Agency may use up to $10,400,000 of the amounts made available under
this heading to acquire and develop real property adjacent to any
existing training facility currently funded within the Education,
Training, and Exercises program, project, or activity: Provided
further, That such acquisition and development of real property is only
for the purposes of establishing a multi-use training facility:
Provided further, That none of the funds made available in the first
proviso may be used for the management costs associated with such real
property: Provided further, That such management costs shall be made
available from funds provided under the heading ``Federal Emergency
Management Agency--Operations and Support''.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,633,199,000, which shall be allocated as
follows:
(1) $645,000,000 for the State Homeland Security Grant Program
under section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605), of which $90,000,000 shall be for Operation Stonegarden,
$15,000,000 shall be for Tribal Homeland Security Grants under
section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606),
and $125,000,000 shall be for organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such code) determined by the
Secretary of Homeland Security to be at high risk of a terrorist
attack: Provided, That notwithstanding subsection (c)(4) of such
section 2004, for fiscal year 2022, the Commonwealth of Puerto Rico
shall make available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $740,000,000 for the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604),
of which $125,000,000 shall be for organizations (as described
under section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code) determined by
the Secretary of Homeland Security to be at high risk of a
terrorist attack.
(3) $105,000,000 for Public Transportation Security Assistance,
Railroad Security Assistance, and Over-the-Road Bus Security
Assistance under sections 1406, 1513, and 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135,
1163, and 1182), of which $10,000,000 shall be for Amtrak security
and $2,000,000 shall be for Over-the-Road Bus Security: Provided,
That such public transportation security assistance shall be
provided directly to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(5) $720,000,000, to remain available until September 30, 2023,
of which $360,000,000 shall be for Assistance to Firefighter Grants
and $360,000,000 shall be for Staffing for Adequate Fire and
Emergency Response Grants under sections 33 and 34 respectively of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229
and 2229a).
(6) $355,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7701), section 762 of title 6, United States
Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(7) $275,500,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968 (42
U.S.C. 4101(f)(2)), to remain available until expended.
(8) $12,000,000 for Regional Catastrophic Preparedness Grants.
(9) $12,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act (33
U.S.C. 467f-2).
(10) $130,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331), to remain available until expended: Provided, That
not to exceed 3.5 percent shall be for total administrative costs.
(11) $40,000,000 for the Next Generation Warning System.
(12) $205,098,811 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for the
purposes, and the amounts, specified in the table entitled
``Community Project Funding and Congressionally Directed Spending''
under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), of which--
(A) $150,000, in addition to amounts otherwise made
available for such purpose, is for a nonprofit security grant
under sections 2003 and 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604 and 605);
(B) $49,026,403, in addition to amounts otherwise made
available for such purpose, is for emergency operations center
grants under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c);
(C) $153,922,408, in addition to amounts otherwise made
available for such purpose, is for pre-disaster mitigation
grants under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(e),
notwithstanding subsections (f), (g), and (l) of that section
(42 U.S.C. 5133(f), (g), (l)); and
(D) $2,000,000 shall be transferred to ``Federal Emergency
Management Agency--Operations and Support'', to manage and
administer Community Project Funding and Congressionally
Directed Spending grants.
(13) $293,600,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$18,799,000,000, to remain available until expended, shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to section
4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022: Provided,
That of the amount provided under this heading, up to $3,000,000 may be
transferred to the Disaster Assistance Direct Loan Program Account for
administrative expenses related to direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184).
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $214,706,000, to remain available until September 30, 2023,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $15,706,000 shall be available for mission support
associated with flood management; and of which $199,000,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2022, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $197,393,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $876,743,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until expended,
for flood mitigation actions and for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of
such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. (a) Funds made available under the heading
``Cybersecurity and Infrastructure Security Agency--Operations and
Support'' may be made available for the necessary expenses of carrying
out the competition specified in section 2(e) of Executive Order No.
13870 (May 2, 2019), including the provision of monetary and non-
monetary awards for Federal civilian employees and members of the
uniformed services, the necessary expenses for the honorary recognition
of any award recipients, and activities to encourage participation in
the competition, including promotional items.
(b) Any awards made pursuant to this section shall be of the same
type and amount as those authorized under sections 4501 through 4505 of
title 5, United States Code.
Sec. 302. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be
made available for the necessary expenses of procuring or providing
access to cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal government of the United States,
state, local, tribal, and territorial government entities, fusion
centers as described in section 210A of the Homeland Security Act (6
U.S.C. 124h), and Information Sharing and Analysis Organizations.
Sec. 303. (a) Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the recipient for expenses
directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply to a
recipient for the administration of a grant under such paragraphs (1)
and (2) for organizations described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section 501(a)
of such code that are determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack.
Sec. 304. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), (8), and (9), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award.
Sec. 306. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 307. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2022 with
respect to budget year 2023 and current fiscal year 2022,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2023'' for
``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after ``fifth''.
Sec. 308. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 309. (a) The aggregate charges assessed during fiscal year
2022 , as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2022, and remain
available until expended.
Sec. 310. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
Sec. 311. (a) Notwithstanding sections 403(b), 403(c)(4), 404(a),
406(b), 407(d), 408(g)(2), 428(e)(2)(B), and 503(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), for any emergency or major disaster declared by the President
under such Act with a declaration occurring or an incident period
beginning between January 1, 2020, and December 31, 2021, the Federal
share of assistance, including direct Federal assistance, provided
under such sections shall be not less than 90 percent of the eligible
cost of such assistance.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement or as
being for disaster relief pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution on the budget
are designated by the Congress as being for an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, or as being for disaster relief pursuant to section
4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
(c) Subsection (a) shall apply with respect to fiscal year 2022 and
each fiscal year thereafter.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program,
application processing, the reduction of backlogs within asylum, field,
and service center offices, and support of the refugee program;
$389,504,000, of which $87,619,000 shall remain available until
September 30, 2023: Provided, That such amounts shall be in addition
to any other amounts made available for such purposes, and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That not to exceed $2,500 shall be for official
reception and representation expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $20,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $322,436,000, of which $61,618,000 shall remain available
until September 30, 2023: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $33,200,000,
to remain available until September 30, 2026, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $330,590,000, of which $196,624,000 shall remain
available until September 30, 2023: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $12,859,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $542,954,000, to remain available until
September 30, 2024.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $176,750,000, of which
$50,156,000 shall remain available until September 30, 2023: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$76,604,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $65,709,000, to remain
available until September 30, 2024.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $132,948,000, to remain
available until September 30, 2024.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. The terms and conditions of section 403 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 404. Notwithstanding the seventh proviso under the heading
``Immigration and Naturalization Service--Salaries and Expenses'' in
Public Law 105-119 (relating to FD-258 fingerprint cards), or any other
provision of law, any Federal funds made available to U.S. Citizenship
and Immigration Services may be used for the collection and use of
biometrics taken at a U.S. Citizenship and Immigration Services
Application Support Center that is overseen virtually by U.S.
Citizenship and Immigration Services personnel using appropriate
technology.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 406. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 407. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 408. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2022, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity, or
increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed
by Federal employees or any new function or activity proposed to be
performed by Federal employees in the President's budget proposal
for fiscal year 2022 for the Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity, or
numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2022, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2023,
from appropriations for ``Operations and Support'' for fiscal year 2022
in this Act shall remain available through September 30, 2023, in the
account and for the purposes for which the appropriations were
provided.
(b) Prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives in accordance with section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2022 until the enactment of an Act authorizing
intelligence activities for fiscal year 2022.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Operations Coordination--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the Committees
on Appropriations of the Senate and the House of Representatives on a
plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation or grant in excess of
$1,000,000;
(2) making or awarding a contract, other transaction agreement,
or task or delivery order on a Department of Homeland Security
multiple award contract, or to issue a letter of intent totaling in
excess of $4,000,000;
(3) awarding a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award items
under paragraph (1), (2), (3), or (4), including a contract covered
by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year for
which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. (a) None of the funds provided or otherwise made
available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
(b) Subsection (a) shall not apply to--
(1) the use of such section 872 to establish an office within
the Office of the Secretary that shall, for departmental workforce
health, safety, and medical functions and activities--
(A) develop departmental policies;
(B) establish standards;
(C) provide technical assistance;
(D) conduct oversight; and
(E) serve as the primary liaison and coordinator; and
(2) the reallocation to an office established under paragraph
(1) of--
(A) the position and responsibilities of the Chief Medical
Officer and related personnel from the Countering Weapons of
Mass Destruction Office;
(B) the personnel, functions, and responsibilities related
to departmental workforce health and medical activities from
the Under Secretary for Management as authorized in section 710
of the Homeland Security Act, and related safety activities;
and
(C) the responsibility of carrying out the program
authorized by section 528 of the Homeland Security Act and
related personnel.
(c) The Secretary of Homeland Security may transfer funds made
available in this Act under the headings ``Management Directorate'' and
``Countering Weapons of Mass Destruction Office'' consistent with the
establishment of the office and the reallocations of functions,
positions, and responsibilities described in subsection (b).
(d) The Secretary shall submit a notification to the Committees on
Appropriations of the Senate and the House of Representatives, the
Committee on Homeland Security of the House of Representatives, and the
Homeland Security and Governmental Affairs Committee of the Senate at
least 15 days prior to the establishment of the office described in
subsection (b).
(e) The functions of the office described in subsection (b) shall
not include chemical, biological, radiological, and nuclear programs of
the Countering Weapons of Mass Destruction Office and the transfer of
funds described in subsection (c) shall not include funding
appropriated for such programs.
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 519. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 521. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 522. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance
for such employees.
Sec. 523. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 524. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for the
implementation of any structural pay reform or the introduction of any
new position classification that will affect more than 100 full-time
positions or costs more than $5,000,000 in a single year before the end
of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of compensation
alternatives to such change that were considered by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for the
fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied or
restricted in this Act.
Sec. 525. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 526. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 527. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2022.
Sec. 528. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2023, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency
personnel costs for protection activities directly and demonstrably
associated with any residence of the President that is designated or
identified to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2022'' for ``October 1,
2018'' and ``October 1, 2021'' for ``October 1, 2017''.
Sec. 529. (a) Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30, 2022,''
for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2022,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
Sec. 530. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives
or the United States Senate designated by such a Member for the
purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 531. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic restraints is
appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 532. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against, or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 533. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 534. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2023 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2022.
Sec. 535. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 536. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary for Management of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on the unfunded priorities, for the Department
of Homeland Security and separately for each departmental component,
for which discretionary funding would be classified as budget function
050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in part);
(2) the description, including the objectives to be achieved if
such priority is funded (whether in whole or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time positions
to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection (a);
(2) is necessary to fulfill a requirement associated with an
operational or contingency plan for the Department; and
(3) would have been recommended for funding through the budget
referred to in subsection (a) if--
(A) additional resources had been available for the budget
to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
Sec. 537. (a) Not later than 10 days after a determination is made
by the President to evaluate and initiate protection under any
authority for a former or retired Government official or employee, or
for an individual who, during the duration of the directed protection,
will become a former or retired Government official or employee
(referred to in this section as a ``covered individual''), the
Secretary of Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations of the
Senate and the House of Representatives, the Committees on the
Judiciary of the Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate congressional
committees'').
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of this Act,
and quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees,
which may be submitted in classified form, if necessary, detailing each
covered individual, and the scope and associated cost of protection.
Sec. 538. (a) There is hereby established in the Treasury of the
United States a fund to be known as the ``Department of Homeland
Security Nonrecurring Expenses Fund'' (the Fund).
(b) Unobligated balances of expired discretionary funds
appropriated for this or any succeeding fiscal year from the General
Fund of the Treasury to the Department of Homeland Security by this or
any other Act may be transferred (not later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated) into the Fund.
(c) Amounts deposited in the Fund shall be available until
expended, and in addition to such other funds as may be available for
such purposes, for information technology system modernization and
facilities infrastructure improvements necessary for the operation of
the Department, subject to approval by the Office of Management and
Budget.
(d) Amounts in the Fund may be obligated only after the Committees
on Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of the planned use of funds.
Sec. 539. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an agency to
submit an initial project proposal to the Technology Modernization Fund
(as authorized by section 1078 of subtitle G of Title X of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project proposal
to the Technology Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the Senate and
the House of Representatives of the proposed submission of the
project proposal;
(2) submits to the Committees on Appropriations a copy of the
project proposal; and
(3) provides a detailed analysis of how the proposed project
funding would supplement or supplant funding requested as part of
the Department's most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available for
obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the Senate and the
House of Representatives.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by the
Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the Department
and the Fund including the project's deliverables and repayment
terms, as applicable;
(3) a detailed analysis of how the project will supplement or
supplant existing funding available to the Department for similar
activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 540. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 541. Subsection (c) of section 16005 of title VI of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) shall be applied as if the language read as follows:
``Subsection (a) shall apply until September 30, 2022.''.
Sec. 542. For necessary expenses related to providing customs and
immigration inspection and pre-inspection services at, or in support of
ports of entry, pursuant to section 1356 of title 8, United States
Code, and section 58c(f) of title 19, United States Code, and in
addition to any other funds made available for this purpose, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $650,000,000, to offset the loss resulting from the
coronavirus pandemic of Immigration User Fee receipts collected
pursuant to section 286(h) of the Immigration and Nationality Act (8
U.S.C. 1356(h)), and fees for certain customs services collected
pursuant to paragraphs 1 through 8 and paragraph 10 of subsection (a)
of section 13031 of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(a)(1)-(8) and (a)(10)).
Sec. 543. (a) For an additional amount for the accounts, in the
amounts, and for the purposes specified, in addition to amounts
otherwise made available for such purposes--
(1) ``U.S. Customs and Border Protection--Operations and
Support'', $993,792,000 for border management requirements of the
U.S. Border Patrol;
(2) ``U.S. Immigration and Customs Enforcement--Operations and
Support'', $239,658,000 for non-detention border management
requirements; and
(3) ``Federal Emergency Management Agency--Federal
Assistance'', $150,000,000, to be available for the emergency food
and shelter program for the purposes of providing shelter and other
services to families and individuals encountered by the Department
of Homeland Security.
(b) Not later than 30 days after the date of enactment of this Act,
the Under Secretary for Management shall provide an expenditure plan
for the use of the funds made available in subsection (a).
(rescissions of funds)
Sec. 544. (a) Of the unobligated balances from amounts made
available under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' by section 230(a)(3) of
division A of the Consolidated Appropriations Act, 2019 (Public Law
116-6) for construction and facility improvements, $90,500,000 are
hereby rescinded.
(b) Of the unobligated balances from amounts made available under
the heading ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' by section 209(2) of division F of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) for facility
construction and improvements, $40,000,000 are hereby rescinded.
(c) For an additional amount for ``Management Directorate--
Procurement, Construction, and Improvements'', $130,500,000, to remain
available until September 30, 2025, in addition to any amounts
otherwise available for such purposes, for the development of joint
processing centers.
Sec. 545. (a) Of the unobligated balances from amounts made
available under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' by the Emergency
Supplemental Appropriations for Humanitarian Assistance and Security at
the Southern Border Act, 2019 (Public Law 116-26) for the development
of a joint processing center, $49,500,000 are hereby rescinded:
Provided, That the amounts rescinded by this subsection that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
(b) For an additional amount for ``Management Directorate--
Procurement, Construction, and Improvements'', $49,500,000, to remain
available until September 30, 2025, in addition to any amounts
otherwise available for such purposes, for the development of joint
processing centers: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
Sec. 546. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $21,650 from the unobligated balances available in the
``Office of the Executive Secretary--Operations and Support''
account (70 X 0100).
(2) $1,810 from the unobligated balances available in the
``Office of the Undersecretary for Management'' account (70 X
0112).
(3) $12,628,523 from the unobligated balances available in the
``Management Directorate--Office of the Chief Information Officer
and Operations'' account (70 X 0113).
(4) $8,456 from the unobligated balances available in Treasury
Account Fund Symbol 70 X 0504, ``Immigration and Customs
Enforcement, Border and Transportation Security, INS''.
(5) $503 from the unobligated balances available in Treasury
Account Fund Symbol 70 X 8598, ``U.S. Immigration and Customs
Enforcement, Violent Crime Reduction Program''.
(6) $7,006 from the unobligated balances available in Treasury
Account Fund Symbol 70 X 0508, ``Transportation Security
Administration, Expenses''.
(7) $11,412 from the unobligated balances available in the
``Transportation Security Administration--Federal Air Marshals''
account (70 X 0541).
(8) $311 from the unobligated balances available in the
``Transportation Security Administration--Surface Transportation
Security'' account (70 X 0551).
(9) $5,308,328 from the unobligated balances available in the
``Transportation Security Administration--Intelligence and
Vetting'' account (70 X 0557).
(10) $1.41 from the unobligated balances available in the
``Transportation Security Administration--Research and
Development'' account (70 X 0553).
(11) $322,105 from the unobligated balances available in the
``Transportation Security Administration--Transportation Security
Support'' account (70 X 0554).
(12) $457,920 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 0900, ``Cybersecurity and
Infrastructure Security Agency, Operating Expenses''.
(13) $199,690 from the unobligated balances available in the
``Federal Emergency Management Agency--State and Local Programs''
account (70 X 0560).
(14) $1,670 from the unobligated balances available in the
``Federal Emergency Management Agency--Administrative and Regional
Operations, Emergency Preparedness and Response'' account (70 X
0712).
(15) $115,138 from the unobligated balances available in the
``Federal Emergency Management Agency--Operations and Support''
account (70 X 0700).
(16) $1,243,822 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 0300, ``U.S. Citizenship and
Immigration Services, Operations and Support''.
(17) $350,656 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Research and
Development'' account (70 X 0860).
(18) $3,000,000 from the unobligated balances available in the
``Federal Emergency Management Agency--National Predisaster
Mitigation Fund'' account (70 X 0716).
(19) $24,339,000 from the unobligated balances available in the
``U.S. Customs and Border Protection--Border Security Fencing,
Infrastructure, and Technology'' account (70 X 0533).
(20) $10,000,000 from Public Law 116-260 under the heading
``U.S. Customs and Border Protection--Procurement, Construction,
and Improvements''.
(21) $6,161,000 from the unobligated balances available in the
``U.S. Customs and Border Protection--Procurement, Construction,
and Improvements'' account (70 X 0532).
(22) $4,500,000 from Public Law 115-141 under the heading
``U.S. Customs and Border Protection--Construction and Facility
Improvements''.
(23) $6,999 from the unobligated balances available in the
``U.S. Customs and Border Protection--Operations and Support''
account (70 X 0530).
(24) $21,000,000 from Public Law 115-141 under the heading
``Coast Guard--Acquisition, Construction, and Improvements''.
Sec. 547. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2021 (Public Law
116-260) are rescinded:
(1) $791,720 from ``Office of the Secretary and Executive
Management--Operations and Support''.
(2) $359,920 from ``Management Directorate--Operations and
Support''.
(3) $1,041,300 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support''.
(4) $132,133 from ``Office of the Inspector General--Operations
and Support''.
(5) $19,337,430 from ``U.S. Customs and Border Protection--
Operations and Support''.
(6) $7,169,547 from ``U.S. Immigration and Customs
Enforcement--Operations and Support''.
(7) $1,000,000 from ``Coast Guard--Operations and Support''.
(8) $6,394,290 from ``United States Secret Service--Operations
and Support''.
(9) $2,793,900 from ``Cybersecurity and Infrastructure Security
Agency--Operations and Support''.
(10) $668,640 from ``Federal Emergency Management Agency--
Operations and Support''.
(11) $1,368,190 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(12) $903,710 from ``Federal Law Enforcement Training Centers--
Operations and Support''.
(13) $110,710 from ``Science and Technology Directorate--
Operations and Support''.
(14) $385,640 from ``Countering Weapons of Mass Destruction
Office--Operations and Support''.
Sec. 548. Of the unobligated balances made available to ``Federal
Emergency Management Agency--Disaster Relief Fund'', $147,592,596 shall
be rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as being for disaster relief pursuant to
section 4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, or section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That no amounts may be
rescinded from amounts that were made available by section 4005 of the
American Rescue Plan Act of 2021 (Public Law 117-2).
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2022''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,281,940,000, to remain available until September 30, 2023; of which
$79,035,000 for annual and deferred maintenance and $137,093,000 for
the wild horse and burro program, as authorized by Public Law 92-195
(16 U.S.C. 1331 et seq.), shall remain available until expended:
Provided, That amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to drill
and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2022, so as to result in a final appropriation estimated at
not more than $1,281,940,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$117,283,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the Interior to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of
a resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements, and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,451,545,000, to remain
available until September 30, 2023: Provided, That not to exceed
$21,279,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)):
Provided further, That of the amount appropriated under this heading,
$6,813,000, to remain available until September 30, 2024, shall be for
projects specified for Stewardship Priorities in the table titled
``Interior and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That amounts in the preceding proviso may be transferred to
the appropriate program, project, or activity under this heading and
shall continue to only be available for the purposes and in such
amounts as such funds were originally appropriated.
construction
(including rescission of funds)
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$12,847,000, to remain available until expended.
Of the unobligated balances from amounts made available under this
heading for construction, $1,240,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $24,064,000, to remain available
until expended, to be derived from the Cooperative Endangered Species
Conservation Fund.
Of the unobligated balances from amounts made available under this
heading from the Cooperative Endangered Species Conservation Fund,
$945,000 is permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$48,500,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $20,000,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $72,612,000, to remain available
until expended: Provided, That of the amount provided herein,
$6,000,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,362,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $13,362,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary of the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio to which
the land area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such
States: Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or more than
5 percent of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall not
exceed 65 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not be derived
from Federal grant programs: Provided further, That any amount
apportioned in 2022 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2023, shall be reapportioned,
together with funds appropriated in 2024, in the manner provided
herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed one dollar for each option; facilities incident to such
public recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,767,028,000, of which $11,452,000 for planning and
interagency coordination in support of Everglades restoration and
$135,980,000 for maintenance, repair, or rehabilitation projects for
constructed assets and $188,184,000 for cyclic maintenance projects for
constructed assets and cultural resources and $5,000,000 for uses
authorized by section 101122 of title 54, United States Code shall
remain available until September 30, 2023: Provided, That funds
appropriated under this heading in this Act are available for the
purposes of section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9 of the 400 Years of African-American History
Commission Act (36 U.S.C. note prec. 101; Public Law 115-102),
$3,300,000 of the funds provided under this heading shall be made
available for the purposes specified by that Act: Provided further,
That sections (7)(b) and (8) of that Act shall be amended by striking
``July 1, 2022'' and inserting ``July 1, 2023''.
In addition, for purposes described in section 2404 of Public Law
116-9, an amount equal to the amount deposited in this fiscal year into
the National Park Medical Services Fund established pursuant to such
section of such Act, to remain available until expended, shall be
derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $83,910,000, to
remain available until September 30, 2023, of which $3,500,000 shall be
for projects specified for Statutory and Contractual Aid in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $173,072,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2023, of which $26,500,000
shall be for Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $1,250,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary; $26,375,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement; $10,000,000 is for
grants to Historically Black Colleges and Universities; $10,000,000 is
for competitive grants for the restoration of historic properties of
national, State, and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act; $10,000,000 is for a competitive grant program to honor the
semiquincentennial anniversary of the United States by restoring and
preserving state-owned sites and structures listed on the National
Register of Historic Places that commemorate the founding of the
nation; and $15,272,000 is for projects specified for the Historic
Preservation Fund in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That such competitive grants
shall be made without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and Indian
tribes as defined in chapter 3003 of such title, Native Hawaiian
organizations, local governments, including Certified Local
Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $225,984,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2022
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of
funds found at 48 CFR 52.232-18: Provided further, That National Park
Service Donations, Park Concessions Franchise Fees, and Recreation Fees
may be made available for the cost of adjustments and changes within
the original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming thresholds,
prior to making any charges authorized by this section.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,394,360,000,
to remain available until September 30, 2023; of which $84,788,000
shall remain available until expended for satellite operations; and of
which $74,664,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities: Provided further, That of the amount
appropriated under this heading, $1,000,000 shall be for projects
specified for Special Initiatives in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
amounts in the preceding proviso may be transferred to the appropriate
program, project, or activity under this heading and shall continue to
only be available for the purposes and in such amounts as such funds
were originally appropriated.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code,
relating to tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$206,748,000, of which $163,748,000 is to remain available until
September 30, 2023, and of which $43,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior and
credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2022
appropriation estimated at not more than $163,748,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $171,848,000, of which $147,848,000 is to
remain available until September 30, 2023, and of which $24,000,000 is
to remain available until expended, including $3,000,000 for offshore
decommissioning activities: Provided, That this total appropriation
shall be reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2022 appropriation estimated at not more than $150,848,000: Provided
further, That of the unobligated balances from amounts made available
under this heading, $10,000,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
For an additional amount, $34,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2022, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $34,000,000, the amounts realized in excess
of $34,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2022,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of
the Oil Pollution Act of 1990, $15,099,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$118,117,000, to remain available until September 30, 2023, of which
$65,000,000 shall be available for state and tribal regulatory grants:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2022 appropriation estimated at not more than
$118,117,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,480,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $122,500,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such additional amount shall be used
for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $79,890,000 shall be distributed in equal
amounts to the three Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section, $31,956,000 shall be distributed in equal amounts
to the three Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,654,000 shall be for
grants to federally recognized Indian Tribes without regard to their
status as certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) and shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided further,
That such additional amount shall be allocated to States and Indian
Tribes within 60 days after the date of enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13) and the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 5301 et seq.), $1,820,334,000, to remain
available until September 30, 2023, except as otherwise provided
herein; of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $78,494,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary of the Interior may exceed such cap
for welfare payments from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $59,182,000 shall remain available
until expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the Navajo-Hopi
Settlement Program: Provided further, That of the amount appropriated
under this heading, $1,250,000 shall be for projects specified for
Special Initiatives (CDS) in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
any forestry funds allocated to a federally recognized tribe which
remain unobligated as of September 30, 2023, may be transferred during
fiscal year 2024 to an Indian forest land assistance account
established for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2024: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel: Provided further, That
the Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land
consolidation as authorized under the Indian Land Consolidation Act
Amendments of 2000 (Public Law 106-462), and the American Indian
Probate Reform Act of 2004 (Public Law 108-374), $7,000,000, to remain
available until expended: Provided, That any provision of the Indian
Land Consolidation Act Amendments of 2000 (Public Law 106-462) that
requires or otherwise relates to application of a lien shall not apply
to the acquisitions funded herein.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs and the
Bureau of Indian Education for fiscal year 2022, such sums as may be
necessary, which shall be available for obligation through September
30, 2023: Provided, That notwithstanding any other provision of law,
no amounts made available under this heading shall be available for
transfer to another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as
may be necessary, which shall be available for obligation through
September 30, 2023: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $146,769,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program pursuant to the
Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation: Provided further, That of the funds made available
under this heading, $10,000,000 shall be derived from the Indian
Irrigation Fund established by section 3211 of the WIIN Act (Public Law
114-322; 130 Stat. 1749).
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 101-618, 114-322, 111-291 and 116-260, and for
implementation of other land and water rights settlements, $1,000,000,
to remain available until expended, which may be deposited, as
necessary, into the Selis-Qlispe Ksanka Settlement and the Navajo Utah
Settlement Trust Funds established by Public Law 116-260.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $11,833,000, to
remain available until September 30, 2023, of which $1,629,000 is for
administrative expenses, as authorized by the Indian Financing Act of
1974: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed
or insured, not to exceed $103,456,940.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,017,601,000 to remain
available until September 30, 2023, except as otherwise provided
herein: Provided, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $752,148,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2022, and shall remain available until
September 30, 2023: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$89,450,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2022: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and engineering
services by contract; acquisition of lands, and interests in lands;
$264,330,000 to remain available until expended: Provided, That in
order to ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either
directly or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except Executive Direction and Administrative Services
funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs or the Bureau of Indian
Education, this action shall not diminish the Federal Government's
trust responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs for
such assets that are not owned by the Bureau: Provided further, That
the term ``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50 miles but
that forms part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$109,572,000, to remain available until expended, of which not to
exceed $17,536,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor, ``Salaries
and Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2022, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $100,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a
Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least 5 years and shall not be required to generate periodic statements
of performance for the individual accounts: Provided further, That
with respect to the eighth proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such funds
shall remain available to the individual account holders.
DEPARTMENTAL OFFICES
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $123,367,000, to remain available until September 30, 2023; of
which not to exceed $15,000 may be for official reception and
representation expenses; of which up to $1,000,000 shall be available
for workers compensation payments and unemployment compensation
payments associated with the orderly closure of the United States
Bureau of Mines; and of which $12,341,000 for Indian land, mineral, and
resource valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource valuation
activities may, as needed, be transferred to and merged with the Bureau
of Indian Affairs ``Operation of Indian Programs'' and Bureau of Indian
Education ``Operation of Indian Education Programs'' accounts and the
Office of the Special Trustee ``Federal Trust Programs'' account:
Provided further, That funds made available through contracts or grants
obligated during fiscal year 2022, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain
available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2022, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $113,477,000, of
which: (1) $103,640,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,837,000 shall be available until
September 30, 2023, for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188:
Provided, That of the funds appropriated under this heading, $5,000,000
is for deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-188 for
adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $94,998,000,
to remain available until September 30, 2023.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$62,132,000, to remain available until September 30, 2023.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $1,026,097,000, to remain available until expended, of
which not to exceed $18,427,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $227,000,000 is for fuels
management activities: Provided further, That of the funds provided
$22,470,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or cooperative
agreements, for fuels management activities, and for training and
monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000 between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations:
Provided further, That of the funds provided under this heading
$383,657,000 shall be available for wildfire suppression operations,
and is provided to meet the terms of section 4004(b)(5)(B) and section
4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $330,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 4004(b)(5) and section 4005(e) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022: Provided, That such amounts may be transferred to and
merged with amounts made available under the headings ``Department of
Agriculture--Forest Service--Wildland Fire Management'' and
``Department of the Interior--Department-Wide Programs--Wildland Fire
Management'' for wildfire suppression operations in the fiscal year in
which such amounts are transferred: Provided further, That amounts may
be transferred to the ``Wildland Fire Management'' accounts in the
Department of Agriculture or the Department of the Interior only upon
the notification of the House and Senate Committees on Appropriations
that all wildfire suppression operations funds appropriated under that
heading in this and prior appropriations Acts to the agency to which
the funds will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided by law:
Provided further, That, in determining whether all wildfire
suppression operations funds appropriated under the heading ``Wildland
Fire Management'' in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior will be
obligated within 30 days pursuant to the previous proviso, any funds
transferred or permitted to be transferred pursuant to any other
transfer authority provided by law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,036,000, to remain available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, remediate lands pursuant to section 40704 of Public
Law 117-58 (135 Stat. 1093), and carry out the purposes of section 349
of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$5,000,000, to remain available until expended: Provided, That such
amount shall be in addition to amounts otherwise available for such
purposes: Provided further, That amounts appropriated under this
heading are available for program management and oversight of these
activities: Provided further, That the Secretary may transfer the
funds provided under this heading in this Act to any other account in
the Department to carry out such purposes, and may expend such funds
directly, or through grants: Provided further, That these amounts are
not available to fulfill Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) obligations
agreed to in settlement or imposed by a court, whether for payment of
funds or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,933,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $91,436,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary of the Interior may
assess reasonable charges to State, local, and tribal government
employees for training services provided by the National Indian Program
Training Center, other than training related to Public Law 93-638:
Provided further, That the Secretary may lease or otherwise provide
space and related facilities, equipment, or professional services of
the National Indian Program Training Center to State, local and tribal
government employees or persons or organizations engaged in cultural,
educational, or recreational activities (as defined in section 3306(a)
of title 40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further, That all
funds received pursuant to the two preceding provisos shall be credited
to this account, shall be available until expended, and shall be used
by the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase, or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$169,640,000, to remain available until September 30, 2023; of which
$68,151,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary of the Interior, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or destroyed by
fire, flood, storm, or other unavoidable causes: Provided, That no
funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for
emergencies shall have been exhausted: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland fires
on or threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oil spills; for response
and natural resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall
transfer, from any no year funds available to the Office of Surface
Mining Reclamation and Enforcement, such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further, That for
wildland fire operations, no funds shall be made available under this
authority until the Secretary determines that funds appropriated for
``wildland fire suppression'' shall be exhausted within 30 days:
Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary
of the Interior, in total amount not to exceed $500,000; purchase and
replacement of motor vehicles, including specially equipped law
enforcement vehicles; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment of dues,
when authorized by the Secretary, for library membership in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer of any
funds under this section, including the amount expended or transferred
and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2022. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein, including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts, or other agreements for the use of such
facilities on such terms and conditions as the Secretary may determine
reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2022, the Secretary of the Interior
shall collect a nonrefundable inspection fee, which shall be deposited
in the ``Offshore Safety and Environmental Enforcement'' account, from
the designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2022 shall be--
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2022. Fees for fiscal year 2022 shall be--
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2022. Fees for
fiscal year 2022 shall be--
(1) $13,260 per inspection for non-rig units operating in water
depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in water
depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in water
depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection
(b) quarterly, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsection (c) within
30 days of the end of the month in which the inspection occurred, with
payment required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment required by the
end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2022, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement through
reduction of non-overtime hours, wages, or employment benefits;
(2) result in the use of an individual under the Department of
the Interior Experienced Services Program for a job or function in
a case in which a Federal employee is in a layoff status from the
same or substantially equivalent job within the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department of
the Interior shall be available for obligation and expenditure not
later than 60 days after the date of enactment of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to implement an
orderly transition to separate accounts of the Bureau of Indian Affairs
and the Bureau of Indian Education, may transfer funds among and
between the successor offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines
described in this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, shall be
applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in which the
Bureau of Safety and Environmental Enforcement or the Bureau of Ocean
Energy Management prescribes or approves any departure or use of
alternate procedure or equipment, in regards to a plan or permit, under
30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30
CFR 250.142, the head of such bureau shall post a description of such
departure or alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business days
after such issuance.
(b) The head of each bureau may exclude confidential business
information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the State
of Virginia or the District of Columbia for the purpose of the
construction of rail and other infrastructure relating to the Long
Bridge Project, the Secretary of the Interior may convey to the State
or the District of Columbia, as applicable, all right, title, and
interest of the United States in and to any portion of the
approximately 4.4 acres of National Park Service land depicted as
``Permanent Impact to NPS Land'' on the Map dated May 15, 2020, that is
identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National Park
Service land under subsection (a) shall be subject to any terms and
conditions that the Secretary may require. If such conveyed land is no
longer being used for the purposes specified in this section, the lands
or interests therein shall revert to the National Park Service after
they have been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the District of
Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project''
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L'Enfant (LE) Interlocking in Washington, DC, which
includes a bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
(3) State.--The term ``State'' means the State of Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or Federal
regulation, federally recognized Indian tribes or authorized tribal
organizations that receive Tribally-Controlled School Grants pursuant
to Public Law 100-297 may obtain interagency motor vehicles and related
services for performance of any activities carried out under such
grants to the same extent as if they were contracting under the Indian
Self-Determination and Education Assistance Act.
delaware water gap authority
Sec. 118. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of Public Law
115-101, shall be applied by substituting ``2022'' for ``2021''.
national heritage areas and corridors
Sec. 119. (a) Section 126 of Public Law 98-398, as amended (98
Stat. 1456; 120 Stat. 1853), is further amended by striking ``the date
that is 15 years after the date of enactment of this section'' and
inserting ``2023''.
(b) Section 10 of Public Law 99-647, as amended (100 Stat. 3630;
104 Stat. 1018; 120 Stat. 1858; 128 Stat. 3804), is further amended by
striking ``2021'' and inserting ``2023''.
(c) Section 12 of Public Law 100-692, as amended (102 Stat. 4558;
112 Stat. 3258; 123 Stat. 1292; 127 Stat. 420; 128 Stat. 314; 128 Stat.
3801), is further amended--
(1) in subsection (c)(1), by striking ``2021'' and inserting
``2023''; and
(2) in subsection (d), by striking ``2021'' and inserting
``2023''.
(d) Section 106(b) of Public Law 103-449, as amended (108 Stat.
4755; 113 Stat. 1726; 123 Stat. 1291; 128 Stat. 3802), is further
amended by striking ``2021'' and inserting ``2023''.
(e) Division II of Public Law 104-333 (54 U.S.C. 320101 note), as
amended, is further amended by striking ``2021'' each place it appears
in the following sections and inserting ``2023''--
(1) in section 107 (110 Stat. 4244; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3801);
(2) in section 408 (110 Stat. 4256; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3801);
(3) in section 507 (110 Stat. 4260; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3801);
(4) in section 707 (110 Stat. 4267; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3801);
(5) in section 809 (110 Stat. 4275; 122 Stat. 826; 127 Stat.
420; 128 Stat. 314; 128 Stat. 3801);
(6) in section 910 (110 Stat. 4281; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3801);
(7) in section 310 (110 Stat. 4252; 127 Stat. 420; 128 Stat.
314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778);
(8) in section 607 (110 Stat. 4264; 127 Stat. 420; 128 Stat.
314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778-779); and
(9) in section 208 (110 Stat. 4248; 127 Stat. 420; 128 Stat.
314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778).
(f) Section 109 of Public Law 105-355, as amended (112 Stat. 3252;
128 Stat. 3802), is further amended by striking ``2021'' and inserting
``2023''.
(g) Public Law 106-278 (54 U.S.C. 320101 note), as amended, is
further amended--
(1) in section 108 (114 Stat. 818; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3802) by striking ``2021'' and inserting ``2023''.
(2) in section 209 (114 Stat. 824; 128 Stat. 3802) by striking
``2021'' and inserting ``2023''.
(h) Section 157(i) of Public Law 106-291, as amended (114 Stat.
967; 128 Stat. 3802), is further amended by striking ``2021'' and
inserting ``2023''.
(i) Section 7 of Public Law 106-319, as amended (114 Stat. 1284;
128 Stat. 3802), is further amended by striking ``2021'' and inserting
``2023''.
(j) Section 811 of title VIII of appendix D of Public Law 106-554,
as amended (114 Stat. 2763, 2763A-295; 128 Stat. 3802), is further
amended by striking ``2021'' and inserting ``2023''.
(k) Section 140(j) of Public Law 108-108, as amended (117 Stat.
1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778), is further amended
by striking ``2021'' and inserting ``2023''.
(l) Title II of Public Law 109-338 (54 U.S.C. 320101 note; 120
Stat. 1787-1845), as amended, is further amended--
(1) in each of sections 208, 221, 240, 260, 269, 289, 291J,
295L and 297H by striking ``the date that is 15 years after the
date of enactment of this Act'' and inserting ``September 30,
2023''; and
(2) in section 280B by striking ``the day occurring 15 years
after the date of the enactment of this subtitle'' and inserting
``September 30, 2023''.
(m) Section 810(a)(1) of title VIII of division B of appendix D of
Public Law 106-554, as amended (114 Stat. 2763; 123 Stat. 1295; 131
Stat. 461; 133 Stat. 2714), is further amended by striking
``$14,000,000'' and inserting ``$16,000,000''.
(n) Section 125(a) of title IV of Public Law 109-338 (120 Stat.
1853) is amended by striking ``$10,000,000'' and inserting
``$12,000,000''.
(o) Section 210(a) of title II of Public Law 106-278 (114 Stat.
824) is amended by striking ``$10,000,000'' and inserting
``$12,000,000''.
(p) Section 804(j) of division B of H.R. 5666 (Appendix D) as
enacted into law by section 1(a)(4) of Public Law 106-554, as amended
(54 U.S.C. 320101 note; 114 Stat. 2763, 2763A-295; 123 Stat. 1294; 128
Stat. 3802; 131 Stat. 461; 133 Stat. 2714), is further amended by
striking ``September 30, 2021'' and inserting ``September 30, 2037''.
(q) Section 295D(d) of Public Law 109-338, as amended (54 U.S.C.
320101 note; 120 Stat. 1833; 130 Stat. 962), is further amended by
striking ``15 years after the date of enactment of this Act'' and
inserting ``on September 30, 2037''.
study for selma to montgomery national historic trail
Sec. 120. (a) Study.--The Secretary of the Interior (Secretary)
shall conduct a study to evaluate--
(1) resources associated with the 1965 Voting Rights March from
Selma to Montgomery not currently part of the Selma to Montgomery
National Historic Trail (Trail) (16 U.S.C. 1244(a)(20)) that would
be appropriate for addition to the Trail; and
(2) the potential designation of the Trail as a unit of the
National Park System instead of, or in addition to, remaining a
designated part of the National Trails System.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit to the House and Senate Committees
on Appropriations, the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes the results of the study and the
conclusions and recommendations of the study.
(c) Land Acquisition.--The Secretary is authorized, subject to the
availability of appropriations and at her discretion, to acquire
property or interests therein located in the city of Selma, Alabama and
generally depicted on the map entitled, ``Selma to Montgomery NHT
Proposed Addition,'' numbered 628/177376 and dated September 14, 2021,
with the consent of the owner, for the benefit of the Selma to
Montgomery National Historic Trail and to further the purpose for which
the trail has been established.
exhaustion of administrative review
Sec. 121. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2022,'' in
the first sentence and inserting ``through 2024.''.
appraiser pay authority
Sec. 122. For fiscal year 2022, funds made available in this or
any other Act or otherwise made available to the Department of the
Interior for the Appraisal and Valuation Services Office may be used by
the Secretary of the Interior to establish higher minimum rates of
basic pay for employees of the Department of the Interior in the
Appraiser (GS-1171) job series at grades 11 through 15 carrying out
appraisals of real property and appraisal reviews conducted in support
of the Department's realty programs at rates no greater than 15 percent
above the minimum rates of basic pay normally scheduled, and such
higher rates shall be consistent with subsections (e) through (h) of
section 5305 of title 5, United States Code.
sage-grouse
Sec. 123. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population
segment of greater sage-grouse.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; hire, maintenance, and operation of aircraft; and other
operating expenses in support of research and development,
$750,174,000, to remain available until September 30, 2023: Provided,
That of the funds included under this heading, $11,430,000 shall be for
Research: National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), of which $2,930,000 shall be for projects specified
for Science and Technology in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$9,000 for official reception and representation expenses,
$2,964,025,000, to remain available until September 30, 2023:
Provided, That of the funds included under this heading, $25,700,000
shall be for Environmental Protection: National Priorities as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
of the funds included under this heading, $587,192,000 shall be for
Geographic Programs specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That funds included under this heading may be
used for environmental justice implementation and training grants, and
associated program support costs.
In addition, $9,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2022 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2022 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2022, so as to result in a final fiscal year 2022
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $9,000,000, those amount in excess of $9,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2022, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$44,030,000, to remain available until September 30, 2023.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,752,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,232,850,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2021, and not otherwise appropriated
from the Trust Fund, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,232,850,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under this
heading, $11,800,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2023,
and $30,985,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2023.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $92,293,000, to remain available until expended, of which
$66,924,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $20,262,000, to
be derived from the Oil Spill Liability trust fund, to remain available
until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,351,573,000, to remain available until expended,
of which--
(1) $1,638,826,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $1,126,088,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act: Provided, That $443,639,051 of the funds made available for
capitalization grants for the Clean Water State Revolving Funds and
$397,766,044 of the funds made available for capitalization grants
for the Drinking Water State Revolving Funds shall be for the
construction of drinking water, wastewater, and storm water
infrastructure and for water quality protection in accordance with
the terms and conditions specified for such grants in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) for projects
specified for ``STAG--Drinking Water SRF'', ``STAG--Clean Water
SRF'', and ``STAG--Drinking Water SRF; Clean Water SRF'' in the
table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act), and, for purposes of these grants, each grantee
shall contribute not less than 20 percent of the cost of the
project unless the grantee is approved for a waiver by the Agency:
Provided further, That for fiscal year 2022, to the extent there
are sufficient eligible project applications and projects are
consistent with State Intended Use Plans, not less than 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants shall be
used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year
2022, funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may, at
the discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That the
Administrator is authorized to use up to $1,500,000 of funds made
available for the Clean Water State Revolving Funds under this
heading under Title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381) to conduct the Clean Watersheds Needs Survey:
Provided further, That notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the amounts
in a State water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2022 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately
from other assets in the fund, and used for eligible purposes of
the fund, including administration: Provided further, That for
fiscal year 2022, notwithstanding the provisions of subsections
(g)(1), (h), and (l) of section 201 of the Federal Water Pollution
Control Act, grants made under title II of such Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas, the United
States Virgin Islands, and the District of Columbia may also be
made for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or more
principal residences or small commercial establishments: Provided
further, That for fiscal year 2022, notwithstanding the provisions
of such subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds reserved
by the Administrator for grants under section 518(c) of the Federal
Water Pollution Control Act may also be used to provide assistance:
(1) solely for facility plans, design activities, or plans,
specifications, and estimates for any proposed project for the
construction of treatment works; and (2) for the construction,
repair, or replacement of privately owned treatment works serving
one or more principal residences or small commercial
establishments: Provided further, That for fiscal year 2022,
notwithstanding any provision of the Federal Water Pollution
Control Act and regulations issued pursuant thereof, up to a total
of $2,000,000 of the funds reserved by the Administrator for grants
under section 518(c) of such Act may also be used for grants for
training, technical assistance, and educational programs relating
to the operation and management of the treatment works specified in
section 518(c) of such Act: Provided further, That for fiscal year
2022, funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in section
518(h) of such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That for fiscal
year 2022, notwithstanding the limitation on amounts in section
518(c) of the Federal Water Pollution Control Act, up to a total of
2 percent of the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts in section
1452(i) of the Safe Drinking Water Act, up to a total of 2 percent
of the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section 1452(i)
of such Acts: Provided further, That for fiscal year 2022,
notwithstanding the amounts specified in section 205(c) of the
Federal Water Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State Revolving
Fund program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for grants
made under title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for
fiscal year 2022, notwithstanding the limitations on amounts
specified in section 1452(j) of the Safe Drinking Water Act, up to
1.5 percent of the funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water Act may be
reserved by the Administrator for grants made under section 1452(j)
of the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to each State
for Drinking Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and shall
be so used by the State only where such funds are provided as
initial financing for an eligible recipient or to buy, refinance,
or restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment of
this Act, or where such debt was incurred prior to the date of
enactment of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to help
address a threat to public health from heightened exposure to lead
in drinking water or if a Federal or State emergency declaration
has been issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply before the
date of enactment of this Act: Provided further, That in a State
in which such an emergency declaration has been issued, the State
may use more than 14 percent of the funds made available under this
title to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients: Provided further, That notwithstanding section 1452(o)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)), the
Administrator shall reserve $12,000,000 of the amounts made
available for fiscal year 2022 for making capitalization grants for
the Drinking Water State Revolving Funds to pay the costs of
monitoring for unregulated contaminants under section 1445(a)(2)(C)
of such Act;
(2) $32,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater,
or other necessary infrastructure;
(3) $39,186,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: Provided, That of these funds: (A) the
State of Alaska shall provide a match of 25 percent; (B) no more
than 5 percent of the funds may be used for administrative and
overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $91,987,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), including grants, interagency agreements, and
associated program support costs: Provided, That at least 10
percent shall be allocated for assistance in persistent poverty
counties: Provided further, That for purposes of this section, the
term ``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any territory or
possession of the United States;
(5) $92,000,000 shall be for grants under title VII, subtitle G
of the Energy Policy Act of 2005;
(6) $61,927,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act);
(7) $27,158,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(8) $27,500,000 shall be for grants under section 1464(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(9) $22,011,000 shall be for grants under section 1459B of the
Safe Drinking Water Act (42 U.S.C. 300j-19b);
(10) $5,000,000 shall be for grants under section 1459A(l) of
the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(11) $20,000,000 shall be for grants under section 104(b)(8) of
the Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8));
(12) $43,000,000 shall be for grants under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $4,000,000 shall be for grants under section 4304(b) of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270);
(14) $2,500,000 shall be for carrying out section 302(a) of the
Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which not more than 2
percent shall be for administrative costs to carry out such
section: Provided, That notwithstanding section 302(a) of such
Act, the Administrator may also provide grants pursuant to such
authority to intertribal consortia consistent with the requirements
in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior), and Alaska Native
Villages as defined in Public Law 92-203;
(15) $4,000,000 shall be for grants under section 103(b)(3) of
the Clean Air Act for wildfire smoke preparedness grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, not more than 3 percent
shall be for administrative costs to carry out such section;
(16) $1,099,384,000 shall be for grants, including associated
program support costs, to States, federally recognized Tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement, and related activities, including activities
pursuant to the provisions set forth under this heading in Public
Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, and under section 2301 of the Water and Waste Act of
2016 to assist States in developing and implementing programs for
control of coal combustion residuals, of which: $46,195,000 shall
be for carrying out section 128 of CERCLA; $9,336,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,475,000 shall be for grants to
States under section 2007(f)(2) of the Solid Waste Disposal Act,
which shall be in addition to funds appropriated under the heading
``Leaking Underground Storage Tank Trust Fund Program'' to carry
out the provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code other than section
9003(h) of the Solid Waste Disposal Act; $18,000,000 of the funds
available for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation in national-
and State-level statistical surveys of water resources and
enhancements to State monitoring programs; and
(17) $15,006,000 shall be for State and Tribal Assistance
Grants to be allocated in the amounts specified for those projects
and for the purposes delineated in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) for
remediation, construction, and related environmental management
activities in accordance with the terms and conditions specified
for such grants in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $63,500,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects
described in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing authorities,
as authorized by section 5033(e) of such Act: Provided further, That
the use of direct loans or loan guarantee authority under this heading
for direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso
under the heading ``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That none of the direct
loans or loan guarantee authority made available under this heading
shall be available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced in the
previous proviso: Provided further, That, for the purposes of carrying
out the Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a project
identified in a Letter of Interest submitted to the Administrator
pursuant to a Notice of Funding Availability for applications for
credit assistance under the Water Infrastructure Finance and Innovation
Act Program, including with respect to a project that was initiated or
completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $6,026,000, to
remain available until September 30, 2023.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2022, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w-8), to remain available until
expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2022.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section 3024
of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2022,
to remain available until expended.
The Administrator is authorized to transfer up to $348,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2022, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2022 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $2,000,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
Section 122(b)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9622(b)(3)), shall
be applied by inserting before the period: ``, including for the hire,
maintenance, and operation of aircraft.''.
The Environmental Protection Agency Working Capital Fund,
established by Public Law 104-204 (42 U.S.C. 4370e), is available for
expenses and equipment necessary for modernization and development of
information technology of, or for use by, the Environmental Protection
Agency.
For fiscal year 2022, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated under
the headings ``Environmental Programs and Management'' and ``Science
and Technology'', contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent personal services of students or
recent graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purpose: Provided,
That amounts used for this purpose by the Office of Chemical Safety and
Pollution Prevention and the Office of Water collectively may not
exceed $2,000,000.
During each of fiscal years 2022 through 2025, the Administrator
may, after consultation with the Office of Personnel Management, employ
up to seventy-five persons at any one time in the Office of Research
and Development and twenty-five persons at any one time in the Office
of Chemical Safety and Pollution Prevention under the authority
provided in 42 U.S.C. 209.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $1,000,000: Provided, That funds
made available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,069,086,000, to remain available through September 30,
2025: Provided, That a portion of the funds made available under this
heading shall be for the base salary and expenses of employees in the
Chief's Office, the Work Environment and Performance Office, the
Business Operations Deputy Area, and the Chief Financial Officer's
Office to carry out administrative and general management support
functions: Provided further, That funds provided under this heading
shall be available for the costs of facility maintenance, repairs, and
leases for buildings and sites where these administrative, general
management and other Forest Service support functions take place; the
costs of all utility and telecommunication expenses of the Forest
Service, as well as business services; and, for information technology,
including cyber security requirements: Provided further, That funds
provided under this heading may be used for necessary expenses to carry
out administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $296,616,000, to remain available through September
30, 2025: Provided, That of the funds provided, $22,197,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program and trade compliance activities as authorized,
$315,198,000, to remain available through September 30, 2025, as
authorized by law, of which $29,955,500 shall be for projects specified
for Forest Resource Information and Analysis in the table titled
``Interior and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,866,545,000, to remain available through
September 30, 2025: Provided, That of the funds provided, $28,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That for the funds provided in the
preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by
substituting ``20'' for ``10'' and section 4003(d)(3)(B) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be
applied by substituting ``4'' for ``2'': Provided further, That of the
funds provided, $38,000,000 shall be for forest products: Provided
further, That of the funds provided, $187,388,000 shall be for
hazardous fuels management activities, of which not to exceed
$20,000,000 may be used to make grants, using any authorities available
to the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for increased use
of biomass from National Forest System lands: Provided further, That
$20,000,000 may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue grants for
hazardous fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on Federal
land, or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ``State and Private Forestry'' appropriation:
Provided further, That notwithstanding section 33 of the Bankhead Jones
Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may provide a
credit of up to 50 percent of the calculated fee to a Grazing
Association or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost of the
conservation practice is incurred, and that the amount credited shall
remain available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary: Provided further, That funds
appropriated to this account shall be available for the base salary and
expenses of employees that carry out the functions funded by the
``Capital Improvement and Maintenance'' account, the ``Range Betterment
Fund'' account, and the ``Management of National Forest Lands for
Subsistence Uses'' account.
Capital Improvement and Maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $159,049,000, to remain available through September 30,
2025, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That $5,000,000 shall be for activities authorized
by 16 U.S.C. 538(a): Provided further, That $10,867,000 shall be for
projects specified for Construction Projects in the table titled
``Interior and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That funds becoming available in fiscal year 2022 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2025, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, Public Law
76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2025, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2025, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$1,099,000, to remain available through September 30, 2025.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,005,106,000, to remain available
until expended: Provided, That such funds including unobligated
balances under this heading, are available for repayment of advances
from other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds appropriated in
a previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account: Provided
further, That such funds shall be available to reimburse State and
other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That of the funds provided under this
heading, $1,011,000,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section 4004(b)(5)(B)
and section 4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $2,120,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 4004(b)(5) and section 4005(e) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022: Provided, That such amounts may be transferred to and
merged with amounts made available under the headings ``Department of
the Interior--Department-Wide Programs--Wildland Fire Management'' and
``Department of Agriculture--Forest Service--Wildland Fire Management''
for wildfire suppression operations in the fiscal year in which such
amounts are transferred: Provided further, That amounts may be
transferred to the ``Wildland Fire Management'' accounts in the
Department of the Interior or the Department of Agriculture only upon
the notification of the House and Senate Committees on Appropriations
that all wildfire suppression operations funds appropriated under that
heading in this and prior appropriations Acts to the agency to which
the funds will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided by law:
Provided further, That, in determining whether all wildfire
suppression operations funds appropriated under the heading ``Wildland
Fire Management'' in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior will be
obligated within 30 days pursuant to the previous proviso, any funds
transferred or permitted to be transferred pursuant to any other
transfer authority provided by law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115-
334), shall be deposited in the special account established by section
8705(f)(1) of such Act, shall be available to cover the costs described
in subsection (c)(3) of such section of such Act, and shall remain
available until expended: Provided, That such amounts shall be
transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided,
That any transfer of funds pursuant to this paragraph shall not
increase or decrease the funds appropriated to any account in this
fiscal year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland Fire
Management'' will be obligated within 30 days: Provided, That all
funds used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water: Provided, That such
transferred funds shall remain available through September 30, 2025:
Provided further, That none of the funds transferred pursuant to this
section shall be available for obligation without written notification
to and the prior approval of the Committees on Appropriations of both
Houses of Congress.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
government, private sector, and international organizations. The Forest
Service, acting for the International Program, may sign direct funding
agreements with foreign governments and institutions as well as other
domestic agencies (including the U.S. Agency for International
Development, the Department of State, and the Millennium Challenge
Corporation), United States private sector firms, institutions and
organizations to provide technical assistance and training programs on
forestry and rangeland management: Provided, That to maximize
effectiveness of domestic and international research and cooperation,
the International Program may utilize all authorities related to
forestry, research, and cooperative assistance regardless of program
designations.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain information technology services, including telecommunications
and system modifications or enhancements, from the Working Capital Fund
of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil litigation. Future
budget justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Funds appropriated to the Forest Service shall be available to pay,
from a single account, the base salary and expenses of employees who
carry out functions funded by other accounts for Enterprise Program,
Geospatial Technology and Applications Center, remnant Natural Resource
Manager, and National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$4,660,658,000, to remain available until September 30, 2023, except as
otherwise provided herein, together with payments received during the
fiscal year pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b)and 238b), for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$2,500,000 shall be available for grants or contracts with public or
private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $984,887,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, up to $46,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That of the
funds provided, $58,000,000 shall be for costs related to or resulting
from accreditation emergencies, including supplementing activities
funded under the heading ``Indian Health Facilities,'' of which up to
$4,000,000 may be used to supplement amounts otherwise available for
Purchased/Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and 108 of the
Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be deposited in
the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided
further, That the amounts made available within this account for the
Substance Abuse and Suicide Prevention Program, for Opioid Prevention,
Treatment and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing subsidy
authority for civilian employees, for Aftercare Pilot Programs at Youth
Regional Treatment Centers, for transformation and modernization costs
of the Indian Health Service Electronic Health Record system, for
national quality and oversight activities, to improve collections from
public and private insurance at Indian Health Service and tribally
operated facilities, for an initiative to treat or reduce the
transmission of HIV and HCV, for a maternal health initiative, for the
Telebehaviorial Health Center of Excellence, for Alzheimer's grants,
for Village Built Clinics, for a produce prescription pilot, and for
accreditation emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain available until
expended: Provided further, That funds provided in this Act may be
used for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended: Provided further, That amounts received by tribes and
tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to
the receiving tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from the Indian
Health Service, and from tribes and tribal organizations operating
health facilities pursuant to Public Law 93-638, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That of the funds provided, $74,138,000 is for the
Indian Health Care Improvement Fund and may be used, as needed, to
carry out activities typically funded under the Indian Health
Facilities account: Provided further, That none of the funds
appropriated by this Act, or any other Act, to the Indian Health
Service for the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation of a new
Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are
consulted 90 days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2022, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account: Provided further, That amounts obligated but not expended by
a tribe or tribal organization for contract support costs for such
agreements for the current fiscal year shall be applied to contract
support costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as
may be necessary, which shall be available for obligation through
September 30, 2023: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications, and
drawings; acquisition of sites, purchase and erection of modular
buildings, and purchases of trailers; and for provision of domestic and
community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and
facilities support activities of the Indian Health Service,
$940,328,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated for the
planning, design, construction, renovation, or expansion of health
facilities for the benefit of an Indian tribe or tribes may be used to
purchase land on which such facilities will be located: Provided
further, That not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense
for distribution to the Indian Health Service and tribal facilities:
Provided further, That of the amount appropriated under this heading
for fiscal year 2022 for Sanitation Facilities Construction,
$40,171,000 shall be for projects specified for Sanitation Facilities
Construction (CDS) in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the funds
appropriated to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation, and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms, or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the
budget justification and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other provision of
law, funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law: Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally
derived, with such amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or technical
assistance: Provided further, That the Indian Health Service may
provide to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $82,540,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $80,500,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2022, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $4,200,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$13,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $3,150,000, to remain
available until expended, which shall be derived from unobligated
balances from prior year appropriations available under this heading:
Provided, That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further, That no
relocatee will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $11,741,000, which shall
become available on July 1, 2022, and shall remain available until
September 30, 2023.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $852,215,000, to remain available until September 30, 2023,
except as otherwise provided herein; of which not to exceed $12,798,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, Smithsonian American Women's History Museum, National
Museum of the American Latino, and the repatriation of skeletal remains
program shall remain available until expended; and including such funds
as may be necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That the Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments, as rent payable to
the Smithsonian Institution, and such rent payments may be deposited
into the general trust funds of the Institution to be available as
trust funds for expenses associated with the purchase of a portion of
the building at 600 Maryland Avenue, SW, Washington, DC, to the extent
that federally supported activities will be housed there: Provided
further, That the use of such amounts in the general trust funds of the
Institution for such purpose shall not be construed as Federal debt
service for, a Federal guarantee of, a transfer of risk to, or an
obligation of the Federal Government: Provided further, That no
appropriated funds may be used directly to service debt which is
incurred to finance the costs of acquiring a portion of the building at
600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and
constructing improvements to such building: Provided further, That any
agreement entered into by the Smithsonian Institution for the sale of
its ownership interest, or any portion thereof, in such building so
acquired may not take effect until the expiration of a 30 day period
which begins on the date on which the Secretary of the Smithsonian
submits to the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House Administration and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Rules and Administration of the Senate a report, as
outlined in the explanatory statement described in section 4 of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $210,000,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, 76th Congress), including services as authorized
by 5 U.S.C. 3109; payment in advance when authorized by the treasurer
of the Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to members
only, or to members at a price lower than to the general public;
purchase, repair, and cleaning of uniforms for guards, and uniforms, or
allowances therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $156,419,000,
to remain available until September 30, 2023, of which not to exceed
$3,775,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $24,081,000,
to remain available until expended: Provided, That of this amount,
$11,458,000 shall be available for design and construction of an off-
site art storage facility in partnership with the Smithsonian
Institution and may be transferred to the Smithsonian Institution for
such purposes: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John f. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and security
of the John F. Kennedy Center for the Performing Arts, $27,000,000, to
remain available until September, 30, 2023.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $13,440,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$15,000,000, to remain available until September 30, 2023.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $180,000,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $180,000,000 to remain available
until expended, of which $164,400,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $15,600,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $13,600,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,328,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000: Provided, That the item relating to
``National Capital Arts and Cultural Affairs'' in the Department of the
Interior and Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be
applied in fiscal year 2022 in the second paragraph by inserting ``,
calendar year 2020 excluded'' before the first period: Provided
further, That in determining an eligible organization's annual income
for calendar years 2021 and 2022, funds or grants received by the
eligible organization from any supplemental appropriations Act related
to coronavirus or any other law providing appropriations for the
purpose of preventing, preparing for, or responding to coronavirus
shall be counted as part of the eligible organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,255,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $62,616,000, of which
$715,000 shall remain available until September 30, 2024, for the
Museum's equipment replacement program; and of which $3,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $40,000,000.
World War I Centennial Commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$1,000,000, to remain available until September 30, 2023: Provided,
That in addition to the authority provided by section 6(g) of such Act,
the World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States Semiquincentennial
Commission to plan and coordinate observances and activities associated
with the 250th anniversary of the founding of the United States, as
authorized by Public Law 116-282, the technical amendments to Public
Law 114-196, $8,000,000, to remain available until expended.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this paragraph
as the ``Commission''), $200,000 to remain available until September
30, 2023: Provided, That in addition to the authority provided by
section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may
hereafter accept in-kind personnel services, contractual support, or
any appropriate support from any executive branch agency for activities
of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves, or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned: (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2023, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2022.
contract support costs, fiscal year 2022 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2022 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2022
with the Bureau of Indian Affairs, Bureau of Indian Education, and the
Indian Health Service: Provided, That such amounts provided by this
Act are not available for payment of claims for contract support costs
for prior years, or for repayments of payments for settlements or
judgments awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638, 25
U.S.C. 450 et seq.) or by any other Federal laws that specifically
authorize a contract within an Indian tribe as defined in section
4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity within 60 days of enactment of this
Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2022.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by the
Bureau of Land Management, or the Secretary of Agriculture, with
respect to land administered by the Forest Service (referred to in this
section as the ``Secretary concerned''), may transfer excess wild
horses and burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local government
agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection
(a) immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in the
destruction of the horse or burro into a commercial product;
(2) sell or otherwise transfer the horse or burro in a manner
that results in the destruction of the horse or burro for
processing into a commercial product; or
(3) euthanize the horse or burro, except on the recommendation
of a licensed veterinarian in a case of severe injury, illness, or
advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild horse
or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
note) shall be applied by substituting ``September 30, 2022'' for
``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding section 121(c) of title 40, United States Code, or
section 521 of title 40, United States Code, the Secretary is further
authorized to transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the functions of
the Department's wildland fire management program to such
organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
2023'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in this
and prior fiscal years, may be reprogrammed without the advance
approval of the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74 shall be
applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161 (121
Stat 1844), as amended, shall be applied by substituting ``fiscal year
2022'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting ``September 30,
2022'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 426. The authority provided by the 19th unnumbered paragraph
under heading ``Administrative Provisions, Forest Service'' in title
III of Public Law 109-54, as amended, shall be applied by substituting
``fiscal year 2022'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 427. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law by
Public Law 106-113; 16 U.S.C. 528 note), as amended by section 335(6)
of Public Law 108-108 and section 432 of Public Law 113-76, shall be
applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''.
chaco canyon
Sec. 428. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq., or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 in the matter preceding division A of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
tribal leases
Sec. 429. (a) Notwithstanding any other provision of law, in the
case of any lease under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease
term shall commence no earlier than the date of receipt of the lease
proposal.
(b) The Secretaries of the Interior and Health and Human Services
shall, jointly or separately, during fiscal year 2022 consult with
tribes and tribal organizations through public solicitation and other
means regarding the requirements for leases under section 105(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)) on how to implement a consistent and transparent process for
the payment of such leases.
forest ecosystem health and recovery fund
Sec. 430. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law 111-88,
as amended by section 117 of division F of Public Law 113-235, shall be
applied by substituting ``fiscal year 2022'' for ``fiscal year 2020''
each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 431. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available from
the National Parks and Public Land Legacy Restoration Fund for fiscal
year 2022 pursuant to subsection (c) of section 200402 of title 54,
United States Code, and as provided in subsection (e) of such section
of such title, to the agencies of the Department of the Interior and
the Department of Agriculture specified, in the amounts specified, for
the stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds:
National Parks and Public Land Legacy Restoration Fund Fiscal Year
2022'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of
the Interior and the Secretary of Agriculture, as appropriate,
shall allocate amounts made available for expenditure from the Land
and Water Conservation Fund for fiscal year 2022 pursuant to
subsection (a) of section 200303 of title 54, United States Code,
to the agencies and accounts specified, in the amounts specified,
and for the projects and activities specified in the table titled
``Allocation of Funds: Land and Water Conservation Fund Fiscal Year
2022'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section,
neither the President nor his designee may allocate any amounts that
are made available for any fiscal year under subsection (c) of section
200402 of title 54, United States Code, or subsection (a) of section
200303 of title 54, United States Code, other than in amounts and for
projects and activities that are allocated by subsections (a)(1) and
(a)(2) of this section: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation of amounts for
continuing administration of programs allocated funds from the National
Parks and Public Land Legacy Restoration Fund or the Land and Water
Conservation Fund, which may be allocated only in amounts that are no
more than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture
may reallocate amounts from each agency's ``Contingency Fund'' line in
the table titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2022'' to any project funded by the
National Parks and Public Land Legacy Restoration Fund within the same
agency, from any fiscal year, that experienced a funding deficiency due
to unforeseen cost overruns, in accordance with the following
requirements:
(1) ``Contingency Fund'' amounts may only be reallocated if
there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ``Contingency Fund'' amounts may only be reallocated for
cost of adjustments and changes within the original scope of effort
for projects funded by the National Parks and Public Land Legacy
Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the Committees on
Appropriations 30 days before taking any actions authorized by this
subsection if the amount reallocated from the ``Contingency Fund''
line for a project is projected to be 10 percent or greater than
the following, as applicable:
(A) The amount allocated to that project in the table
titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2022'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act); or
(B) The initial estimate in the most recent report
submitted, prior to enactment of this Act, to the Committees on
Appropriations pursuant to section 434(e) of Division G of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2023, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate project
data sheets for the projects in the ``Submission of Annual List of
Projects to Congress'' required by section 200402(h) of title 54,
United States Code: Provided, That the ``Submission of Annual List of
Projects to Congress'' must include a ``Contingency Fund'' line for
each agency within the allocations defined in subsection (e) of section
200402 of title 54, United States Code: Provided further, That in the
event amounts allocated by this Act or any prior Act for the National
Parks and Public Land Legacy Restoration Fund are no longer needed to
complete a specified project, such amounts may be reallocated in such
submission to that agency's ``Contingency Fund'' line: Provided
further, That any proposals to change the scope of or terminate a
previously approved project must be clearly identified in such
submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2023, the Secretary of the Interior and
the Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate a
list of supplementary allocations for Federal land acquisition and
Forest Legacy Projects at the National Park Service, the U.S. Fish
and Wildlife Service, the Bureau of Land Management, and the U.S.
Forest Service that are in addition to the ``Submission of Cost
Estimates'' required by section 200303(c)(1) of title 54, United
States Code, that are prioritized and detailed by account, program,
and project, and that total no less than half the full amount
allocated to each account for that land management Agency under the
allocations submitted under section 200303(c)(1) of title 54,
United States Code: Provided, That in the event amounts allocated
by this Act or any prior Act pursuant to subsection (a) of section
200303 of title 54, United States Code are no longer needed because
a project has been completed or can no longer be executed, such
amounts must be clearly identified if proposed for reallocation in
the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects
in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and on the list
of supplementary allocations required by subparagraph (A) shall
be comprised only of projects for which a willing seller has
been identified and for which an appraisal or market research
has been initiated.
(C) Concurrent with the annual budget submission of the
President for fiscal year 2023, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets in the same format and
containing the same level of detailed information that is found
on such sheets in the Budget Justifications annually submitted
by the Department of the Interior with the President's Budget
for the projects in the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States
Code, and in the same format and containing the same level of
detailed information that is found on such sheets submitted to
the Committees pursuant to section 427 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) for the list of supplementary allocations required by
subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the House
of Representatives and Senate quarterly reports on the status of
balances of projects and activities funded by the National Parks and
Public Land Legacy Restoration Fund for amounts allocated pursuant to
subsection (a)(1) of this section and the status of balances of
projects and activities funded by the Land and Water Conservation Fund
for amounts allocated pursuant to subsection (a)(2) of this section,
including all uncommitted, committed, and unobligated funds, and, for
amounts allocated pursuant to subsection (a)(1) of this section,
National Parks and Public Land Legacy Restoration Fund amounts
reallocated pursuant to subsection (c) of this section.
policies relating to biomass energy
Sec. 432. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that--
(A) reflect the carbon neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
small remote incinerators
Sec. 433. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
timber sale requirements
Sec. 434. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 435. Funds made available or allocated in this Act or the
Consolidated Appropriations Act, 2021 (Public Law 116-260) to the
Department of the Interior or the Department of Agriculture that are
subject to the allocations and limitations in 54 U.S.C. 200402(e) and
prohibitions in 54 U.S.C. 200402(f) may be further allocated or
reallocated to the Federal Highway Administration for transportation
projects of the covered agencies defined in 54 U.S.C. 200401(2).
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
designation of lewis peak
Sec. 439. The unnamed sub-peak of Mount Whitney, adjacent to
``Crooks Peak'', and located at 36 34' 24'' N, 118 17' 23'' W in the
Inyo National Forest in the State of California shall be known and
designated as ``Lewis Peak''. Any reference in any law, regulation,
document, record, map, or other paper of the United States to the peak
shall be considered to be a reference to ``Lewis Peak''.
wildland fire administrative funding
Sec. 440. The sixth proviso under the heading ``Department of the
Interior--Department-Wide Programs--Wildland Fire Management'' in title
VI of division J of Public Law 117-58 is amended by striking
``salaries, expenses, and'': Provided, That amounts repurposed
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2022''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,912,338,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment and
training activities, $2,879,332,000 as follows:
(A) $870,649,000 for adult employment and training
activities, of which $158,649,000 shall be available for the
period July 1, 2022 through June 30, 2023, and of which
$712,000,000 shall be available for the period October 1, 2022
through June 30, 2023;
(B) $933,130,000 for youth activities, which shall be
available for the period April 1, 2022 through June 30, 2023;
and
(C) $1,075,553,000 for dislocated worker employment and
training activities, of which $215,553,000 shall be available
for the period July 1, 2022 through June 30, 2023, and of which
$860,000,000 shall be available for the period October 1, 2022
through June 30, 2023:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not be
subject to the requirements of section 127(b)(1)(B)(ii) of such
Act; and
(2) for national programs, $1,033,006,000 as follows:
(A) $300,859,000 for the dislocated workers assistance
national reserve, of which $100,859,000 shall be available for
the period July 1, 2022 through September 30, 2023, and of
which $200,000,000 shall be available for the period October 1,
2022 through September 30, 2023: Provided, That funds provided
to carry out section 132(a)(2)(A) of the WIOA may be used to
provide assistance to a State for statewide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the State
workforce development plan with emerging economic development
needs; and train such eligible dislocated workers: Provided
further, That funds provided to carry out sections 168(b) and
169(c) of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of the
WIOA, of the funds provided under this subparagraph, the
Secretary of Labor (referred to in this title as ``Secretary'')
may reserve not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided further, That
of the funds provided under this subparagraph, $95,000,000
shall be for training and employment assistance under sections
168(b), 169(c) (notwithstanding the 10 percent limitation in
such section) and 170 of the WIOA as follows:
(i) $45,000,000 shall be for workers in the Appalachian
region, as defined by 40 U.S.C. 14102(a)(1), workers in the
Lower Mississippi, as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat. 2246; 7
U.S.C. 2009aa(2)), and workers in the region served by the
Northern Border Regional Commission, as defined by 40
U.S.C. 15733; and
(ii) $50,000,000 shall be for the purpose of
developing, offering, or improving educational or career
training programs at community colleges, defined as public
institutions of higher education, as described in section
101(a) of the Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree awarded,
with other eligible institutions of higher education, as
defined in section 101(a) of the Higher Education Act of
1965, eligible to participate through consortia, with
community colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the program in
House Report 116-62: Provided further, That any grant
funds used for apprenticeships shall be used to support
only apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA;
(B) $57,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2022 through June 30, 2023;
(C) $95,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $88,283,000
for formula grants (of which not less than 70 percent shall be
for employment and training services), $6,456,000 for migrant
and seasonal housing (of which not less than 70 percent shall
be for permanent housing), and $657,000 for other discretionary
purposes, which shall be available for the period April 1, 2022
through June 30, 2023: Provided, That notwithstanding any
other provision of law or related regulation, the Department of
Labor shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services: Provided
further, That notwithstanding the definition of ``eligible
seasonal farmworker'' in section 167(i)(3)(A) of the WIOA
relating to an individual being ``low-income'', an individual
is eligible for migrant and seasonal farmworker programs under
section 167 of the WIOA under that definition if, in addition
to meeting the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family with a
total family income equal to or less than 150 percent of the
poverty line;
(D) $99,034,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2022 through June 30, 2023;
(E) $102,079,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be available
for the period April 1, 2022 through June 30, 2023: Provided,
That of this amount, $25,000,000 shall be for competitive
grants to national and regional intermediaries for activities
that prepare for employment young adults with criminal legal
histories, young adults who have been justice system-involved,
or young adults who have dropped out of school or other
educational programs, with a priority for projects serving
high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall be
available for the period July 1, 2022 through June 30, 2023;
(G) $235,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of the
WIOA, to be available to the Secretary to carry out activities
through grants, cooperative agreements, contracts and other
arrangements, with States and other appropriate entities,
including equity intermediaries and business and labor industry
partner intermediaries, which shall be available for the period
July 1, 2022 through June 30, 2023; and
(H) $137,638,000 for carrying out Demonstration and Pilot
projects under section 169(c) of the WIOA, which shall be
available for the period April 1, 2022 through June 30, 2023,
in addition to funds available for such activities under
subparagraph (A) for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such funds may be used for projects that are
related to the employment and training needs of dislocated
workers, other adults, or youth: Provided further, That the 10
percent funding limitation under such section shall not apply
to such funds: Provided further, That section 169(b)(6)(C) of
the WIOA shall not apply to such funds: Provided further, That
sections 102 and 107 of this Act shall not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,748,655,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2022 through June 30, 2023;
(2) $113,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for the
period July 1, 2022 through June 30, 2025, and which may include
the acquisition, maintenance, and repair of major items of
equipment: Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of such centers
or to achieve administrative efficiencies: Provided further, That
any funds transferred pursuant to the preceding provision shall not
be available for obligation after June 30, 2022: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2021
through September 30, 2022:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $405,000,000, which shall be available for
the period April 1, 2022 through June 30, 2023, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2022 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension
Act of 2015, and section 285(a)(2) of the Trade Act of 1974 (as amended
by section 406(a)(7) of the Trade Preferences Extension Act of 2015),
$540,000,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2022: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,627,265,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $2,850,816,000 from the Trust Fund is for grants to States
for the administration of State unemployment insurance laws as
authorized under title III of the Social Security Act (including
not less than $250,000,000 to carry out reemployment services and
eligibility assessments under section 306 of such Act, any
claimants of regular compensation, as defined in such section,
including those who are profiled as most likely to exhaust their
benefits, may be eligible for such services and assessments:
Provided, That of such amount, $117,000,000 is specified for grants
under section 306 of the Social Security Act and is provided to
meet the terms of section 4004(b)(4)(B) and section 4005(d)(2) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and $133,000,000 is additional new
budget authority specified for purposes of section 4004(b)(4) and
section 4005(d) of such resolution; and $9,000,000 for continued
support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under 5
U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of 1974
and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, sections 405(a) and 406 of the Trade
Preferences Extension Act of 2015, and section 285(a)(2) of the
Trade Act of 1974 (as amended by section 406(a)(7) of the Trade
Preferences Extension Act of 2015), and shall be available for
obligation by the States through December 31, 2022, except that
funds used for automation shall be available for Federal obligation
through December 31, 2022, and for State obligation through
September 30, 2024, or, if the automation is being carried out
through consortia of States, for State obligation through September
30, 2028, and for expenditure through September 30, 2029, and funds
for competitive grants awarded to States for improved operations
and to conduct in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as appropriate,
shall be available for Federal obligation through December 31, 2022
(except that funds for outcome payments pursuant to section
306(f)(2) of the Social Security Act shall be available for Federal
obligation through March 31, 2023), and for obligation by the
States through September 30, 2024, and funds for the Unemployment
Insurance Integrity Center of Excellence shall be available for
obligation by the State through September 30, 2023, and funds used
for unemployment insurance workloads experienced through September
30, 2022 shall be available for Federal obligation through December
31, 2022;
(2) $18,000,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with $21,413,000
from the General Fund of the Treasury, is for grants to States in
accordance with section 6 of the Wagner-Peyser Act, and shall be
available for Federal obligation for the period July 1, 2022
through June 30, 2023;
(4) $25,000,000 from the Trust Fund is for national activities
of the Employment Service, including administration of the work
opportunity tax credit under section 51 of the Internal Revenue
Code of 1986 (including assisting States in adopting or modernizing
information technology for use in the processing of certification
requests), and the provision of technical assistance and staff
training under the Wagner-Peyser Act;
(5) $79,810,000 from the Trust Fund is for the administration
of foreign labor certifications and related activities under the
Immigration and Nationality Act and related laws, of which
$58,528,000 shall be available for the Federal administration of
such activities, and $21,282,000 shall be available for grants to
States for the administration of such activities; and
(6) $62,653,000 from the General Fund is to provide workforce
information, national electronic tools, and one-stop system
building under the Wagner-Peyser Act and shall be available for
Federal obligation for the period July 1, 2022 through June 30,
2023, of which up to $9,800,000 may be used to carry out research
and demonstration projects related to testing effective ways to
promote greater labor force participation of people with
disabilities: Provided, That the Secretary may transfer amounts
made available for research and demonstration projects under this
paragraph to the ``Office of Disability Employment Policy'' account
for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2022 is projected by the
Department of Labor to exceed 2,208,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the
entity operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2023, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2023.
program administration
For expenses of administering employment and training programs,
$112,934,000, together with not to exceed $51,481,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $185,500,000, of which up to $3,000,000 shall be made
available through September 30, 2023, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2022, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2022 shall be
available for obligations for administrative expenses in excess of
$472,955,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2022, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2026, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2026 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2026 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $251,000,000.
Office of Labor-management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $45,937,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $108,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $117,924,000, together with $2,205,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the
current or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; section
5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations incurred
under the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50
percent of the additional compensation and benefits required by section
10(h) of the Longshore and Harbor Workers' Compensation Act,
$244,000,000, together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year, for deposit into and to assume the attributes of
the Employees' Compensation Fund established under 5 U.S.C. 8147(a):
Provided, That amounts appropriated may be used under 5 U.S.C. 8104 by
the Secretary to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2021, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for
its fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for employees of
such fair share entities through September 30, 2022: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees'
Compensation Act, $80,920,000 shall be made available to the Secretary
as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,445,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,859,000;
(3) For periodic roll disability management and medical review,
$25,860,000;
(4) For program integrity, $1,756,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $32,970,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2023, $11,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $63,428,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2022 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $41,464,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$37,598,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $342,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $612,015,000, including not to exceed $113,000,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2022, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during
such inspection, and to assess a penalty for violations which are
not corrected within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $11,787,000 shall be available for Susan Harwood training
grants, of which not more than $6,500,000 is for Susan Harwood Training
Capacity Building Developmental grants, for program activities starting
not later than September 30, 2022 and lasting for a period of 12
months: Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $383,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized by
law to be collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the
Department of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $619,952,000,
together with not to exceed $68,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Within this amount, $28,470,000 for costs associated with the
physical move of the Bureau of Labor Statistics' headquarters,
including replication of space, furniture, fixtures, equipment, and
related costs shall remain available until September 30, 2026.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $40,500,000, of which not
less than $9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available under this heading for
research and demonstration projects to the ``State Unemployment
Insurance and Employment Service Operations'' account for such
purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $367,389,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$74,525,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2022: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not less than $30,175,000 shall
be for programs to combat exploitative child labor internationally and
not less than $30,175,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements or
trade preference programs: Provided further, That $8,281,000 shall be
used for program evaluation and shall be available for obligation
through September 30, 2023: Provided further, That funds available for
program evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation may be
transferred to any other appropriate account in the Department for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided further,
That of the amounts made available to the Women's Bureau, not less than
$2,500,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $264,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which--
(1) $183,000,000 is for Jobs for Veterans State grants under 38
U.S.C. 4102A(b)(5) to support disabled veterans' outreach program
specialists under section 4103A of such title and local veterans'
employment representatives under section 4104(b) of such title, and
for the expenses described in section 4102A(b)(5)(C), which shall
be available for expenditure by the States through September 30,
2024, and not to exceed 3 percent for the necessary Federal
expenditures for data systems and contract support to allow for the
tracking of participant and performance information: Provided,
That, in addition, such funds may be used to support such
specialists and representatives in the provision of services to
transitioning members of the Armed Forces who have participated in
the Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or injured
members;
(2) $32,379,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $46,048,000 is for Federal administration of chapters 41,
42, and 43 of title 38, and sections 2021, 2021A and 2023 of title
38, United States Code: Provided, That, up to $500,000 may be used
to carry out the Hire VETS Act (division O of Public Law 115-31);
and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $60,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2022, to
provide services under such section: Provided further, That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described in
subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including
funds available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations Act,
2017 (Public Law 115-31; 38 U.S.C. 4100 note ) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $28,269,000, which shall be available
through September 30, 2023.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$85,187,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under 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, 2023.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2023: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans' Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies
or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from
or relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining
liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law,
and withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one or
more companies, directly or indirectly, controls, is controlled
by, or is under common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for H-
2B nonimmigrants filed by an employer in the seafood industry is
granted, the employer may bring the nonimmigrants described in the
petition into the United States at any time during the 120-day
period beginning on the start date for which the employer is
seeking the services of the nonimmigrants without filing another
petition.
(2) Requirements for crossings after 90th day.--An employer in
the seafood industry may not bring H-2B nonimmigrants into the
United States after the date that is 90 days after the start date
for which the employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2
separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during the
workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official duties
by the Secretary;
``(2) provide protection, incidental to the protection provided
to the Secretary, to a member of the immediate family of the
Secretary who is participating in an activity or event relating to
the official duties of the Secretary;
``(3) provide continuous protection to the Secretary (including
during periods not described in paragraph (1)) and to the members
of the immediate family of the Secretary if there is a unique and
articulable threat of physical harm, in accordance with guidelines
established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or
another senior officer representing the Secretary of Labor at a
public event if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting advance
work to review security matters relating to sites and events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with the
Inspector General of the Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the
disposition of Federal real property, including but not limited to
subchapter III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States Code. The
net proceeds of such a sale shall be transferred to the Secretary,
which shall be available until expended to carry out the Job Corps
Program on Treasure Island.
Sec. 115. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between the
United States Department of Labor and the United States Department
of Agriculture; or
(2) close any of the Civilian Conservation Centers, except if
such closure is necessary to prevent the endangerment of the health
and safety of the students, the capacity of the program is
retained, and the requirements of section 159(j) of the WIOA are
met.
Sec. 116. The paragraph under the heading ``Working Capital Fund''
in the Department of Labor Appropriations Act, 1958, Public Law 85-67,
71 Stat. 210, as amended, is further amended by striking the third
proviso and inserting in lieu thereof ``That the Secretary of Labor may
transfer to the Working Capital Fund, to remain available for
obligation for five fiscal years after the fiscal year of such
transfer, annually an amount not to exceed $9,000,000 from unobligated
balances in the Department's salaries and expenses accounts made
available in Public Laws 115-245, 116-94, or 116-260, and annually an
amount not to exceed $9,000,000 from unobligated balances in the
Department's discretionary grants accounts made available in Public
Laws 115-245, 116-94, 116-260, for the acquisition of capital equipment
and the improvement of financial management, information technology,
infrastructure technology investment activities related to support
systems and modernization, and other support systems: Provided further,
That the Secretary of Labor may transfer to the Working Capital Fund,
to remain available for obligation for five fiscal years after the
fiscal year of such transfer, annually an amount not to exceed
$18,000,000 from unobligated balances in the Department's salaries and
expenses accounts made available in this Act and hereafter, and
$18,000,000 from unobligated balances in the Department's discretionary
grants accounts made available in this Act and hereafter for the
acquisition of capital equipment and the improvement of financial
management, information technology, infrastructure technology
investment activities related to support systems and modernization, and
other support systems:''.
Sec. 117. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$72,000,000 are hereby permanently rescinded.
This title may be cited as the ``Department of Labor Appropriations
Act, 2022''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,748,772,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than
$120,000,000 shall be available until expended for carrying out
subsections (g) through (n) and (q) of section 224 of the PHS Act, and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,295,742,000: Provided, That section 751(j)(2) of the PHS Act and the
proportional funding amounts in paragraphs (1) through (4) of section
756(f) of the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such section and subpart: Provided
further, That $121,600,000 shall remain available until expended for
the purposes of providing primary health services, assigning National
Health Service Corps (``NHSC'') members to expand the delivery of
substance use disorder treatment services, notwithstanding the
assignment priorities and limitations under sections 333(a)(1)(D),
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, within the amount made available in the
previous proviso, $15,600,000 shall remain available until expended for
the purposes of making payments under the NHSC Loan Repayment Program
under section 338B of the PHS Act to individuals participating in such
program who provide primary health services in Indian Health Service
facilities, Tribally-Operated 638 Health Programs, and Urban Indian
Health Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations under section
333(b) of such Act: Provided further, That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this heading,
$6,000,000 shall be available to make grants to establish, expand, or
maintain optional community-based nurse practitioner fellowship
programs that are accredited or in the accreditation process, with a
preference for those in Federally Qualified Health Centers, for
practicing postgraduate nurse practitioners in primary care or
behavioral health: Provided further, That of the funds made available
under this heading, $5,000,000 shall remain available until expended
for activities under section 775 of the PHS Act: Provided further,
That the United States may recover liquidated damages in an amount
determined by the formula under section 338E(c)(1) of the PHS Act if an
individual either fails to begin or complete the service obligated by a
contract under section 775(b) of the PHS Act: Provided further, That
for purposes of section 775(c)(1) of the PHS Act, the Secretary may
include other mental and behavioral health disciplines as the Secretary
deems appropriate: Provided further, That the Secretary may terminate
a contract entered into under section 775 of the PHS Act in the same
manner articulated in Section 206 of this title for fiscal year 2022
contracts entered into under section 338B of the PHS Act.
Of the funds made available under this heading, $55,000,000 shall
remain available until expended for grants to public institutions of
higher education to expand or support graduate education for physicians
provided by such institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, That, in awarding such grants, the Secretary
shall give priority to public institutions of higher education located
in States with a projected primary care provider shortage in 2025, as
determined by the Secretary: Provided further, That grants so awarded
are limited to such public institutions of higher education in States
in the top quintile of States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided further,
That the minimum amount of a grant so awarded to such an institution
shall be not less than $1,000,000 per year: Provided further, That
such a grant may be awarded for a period not to exceed 5 years:
Provided further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement of non-
Federal funds in an amount that is not less than 10 percent of the
total amount of Federal funds provided in the grant to such institution
with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $1,018,624,000: Provided, That notwithstanding sections 502(a)(1)
and 502(b)(1) of the Social Security Act, not more than $169,116,000
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,494,776,000, of which $2,014,698,000 shall
remain available to the Secretary through September 30, 2024, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$125,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $133,093,000, of which $122,000 shall be available until expended
for facilities-related expenses of the National Hansen's Disease
Program.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$366,112,000, of which $62,277,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $20,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology, up to $5,000,000 shall be available to establish by grant
to public or non-profit private entities the Rural Emergency Hospital
Technical Assistance Program, and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds provided
for grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs electronic health record system: Provided further,
That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall
be available for State Offices of Rural Health: Provided further, That
$10,500,000 shall remain available through September 30, 2024, to
support the Rural Residency Development Program: Provided further,
That $135,000,000 shall be for the Rural Communities Opioids Response
Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $1,213,196,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health'': Provided
further, That of the amount made available under this heading,
$1,057,896,000 shall be used for the projects financing the
construction and renovation (including equipment) of health care and
other facilities, and for the projects financing one-time grants that
support health-related activities, including training and information
technology, and in the amounts specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That of the funds made available in the
preceding proviso, up to $4,000,000 may be used for related agency
administrative expenses: Provided further, That none of the funds made
available for projects described in the two preceding provisos shall be
subject to section 241 of the PHS Act or section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$13,200,000 shall be available from the Trust Fund to the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $5,000,000, to
remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $448,805,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,345,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $641,272,000: Provided,
That of the amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the transportation,
medical care, treatment, and other related costs of persons quarantined
or isolated under Federal or State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$1,083,714,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act
for not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand community
specific extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the PHS Act
shall not apply to funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $177,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $651,997,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $209,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $714,879,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$351,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $646,843,000, of which: (1) $128,921,000
shall remain available through September 30, 2023 for international
HIV/AIDS; and (2) $253,200,000 shall remain available through September
30, 2024 for global public health protection: Provided, That funds may
be used for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $862,200,000: Provided, That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement to support an
activation of the CDC Emergency Operations Center, so long as the
Director or Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives and the
Senate within 15 days of the use of this authority, a full report
within 30 days after use of this authority which includes the number of
staff and funding level broken down by the originating center and
number of days detailed, and an update of such report every 180 days
until staff are no longer on detail without reimbursement to the CDC
Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $30,000,000,
which shall remain available until September 30, 2026: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That funds made available to this account in this or any prior Act that
are available for the acquisition of real property or for construction
or improvement of facilities in conjunction with the new replacement
mine safety research facility shall be available to make improvements
on non-federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed $5,000,000:
Provided further, That in addition, the prior year unobligated balance
of any amounts assigned to former employees in accounts of CDC made
available for Individual Learning Accounts shall be credited to and
merged with the amounts made available under this heading to support
the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $333,570,000, of which
$200,000,000 shall remain available through September 30, 2024, for
public health infrastructure and capacity: Provided, That paragraphs
(1) through (3) of subsection (b) of section 2821 of the PHS Act shall
not apply to funds appropriated under this heading and in all other
accounts of the CDC: Provided further, That of the amounts made
available under this heading, $20,000,000, to remain available until
expended, shall be available to the Director of the CDC for deposit in
the Infectious Diseases Rapid Response Reserve Fund established by
section 231 of division B of Public Law 115-245: Provided further,
That funds appropriated under this heading may be used to support a
contract for the operation and maintenance of an aircraft in direct
support of activities throughout CDC to ensure the agency is prepared
to address public health preparedness emergencies: Provided further,
That employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2023.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,718,522,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,808,494,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $501,231,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,203,926,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,535,370,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,322,728,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,092,373,000, of which
$1,309,313,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $409,957,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,683,009,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $863,918,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $842,169,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,219,936,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$655,699,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $514,885,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $180,862,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $573,651,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,595,474,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,140,976,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $639,062,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$424,590,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $159,365,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$459,056,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $86,880,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $479,439,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2023: Provided
further, That in fiscal year 2022, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $882,265,000: Provided, That up to
$60,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $606,646,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,616,520,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$180,000,000 shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $657,401,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided, $10,000 shall be
for official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That the Office
of AIDS Research within the Office of the Director of the NIH may spend
up to $8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the PHS Act:
Provided further, That $70,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000
shall be transferred to and merged with the appropriation for the
``Office of Inspector General'' for oversight of grant programs and
operations of the NIH, including agency efforts to ensure the integrity
of its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous proviso
may be transferred from one specified activity to another with 15 days
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Inspector
General shall consult with the Committees on Appropriations of the
House of Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2022 and 2023 no later than
30 days after the date of enactment of this Act: Provided further,
That amounts made available under this heading are also available to
establish, operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act: Provided further, That
the funds made available under this heading for the Office of Research
on Women's Health shall also be available for making grants to serve
and promote the interests of women in research, and the Director of
such Office may, in making such grants, use the authorities available
to NIH Institutes and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act, of which
$3,000,000 shall be derived from the 10-year Pediatric Research
Initiative Fund described in section 9008 of the Internal Revenue Code
of 1986 (26 U.S.C. 9008).
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $250,000,000, to remain
available through September 30, 2026.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $496,000,000, to remain available until expended:
Provided, That such amounts are appropriated pursuant to section
1001(b)(3) of such Act, are to be derived from amounts transferred
under section 1001(b)(2)(A) of such Act, and may be transferred by the
Director of the National Institutes of Health to other accounts of the
National Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the Director that
funds transferred pursuant to the previous proviso are not necessary
for the purposes provided, such amounts may be transferred back to the
Account: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority provided by
law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and the SUPPORT for Patients and Communities Act,
$2,048,090,000: Provided, That of the funds made available under this
heading, $81,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to
carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That of the funds made available under this heading
for subpart I of part B of title XIX of the PHS Act, at least 5 percent
shall be available to support evidence-based crisis systems: Provided
further, That up to 10 percent of the amounts made available to carry
out the Children's Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2022: Provided further, That States shall
expend at least 10 percent of the amount each receives for carrying out
section 1911 of the PHS Act to support evidence-based programs that
address the needs of individuals with early serious mental illness,
including psychotic disorders, regardless of the age of the individual
at onset: Provided further, That $315,000,000 shall be available until
September 30, 2024 for grants to communities and community
organizations who meet criteria for Certified Community Behavioral
Health Clinics pursuant to section 223(a) of Public Law 113-93:
Provided further, That none of the funds provided for section 1911 of
the PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$21,420,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $3,873,396,000: Provided, That $1,525,000,000
shall be for State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention and
treatment block grant under subpart II of part B of title XIX of the
PHS Act (42 U.S.C. 300x-21 et seq.): Provided further, That of such
amount $55,000,000 shall be made available to Indian Tribes or tribal
organizations: Provided further, That 15 percent of the remaining
amount shall be for the States with the highest mortality rate related
to opioid use disorders: Provided further, That of the amounts
provided for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training, technical
assistance, and evaluation: Provided further, That of the amount not
reserved by the previous three provisos, the Secretary shall make
allocations to States, territories, and the District of Columbia
according to a formula using national survey results that the Secretary
determines are the most objective and reliable measure of drug use and
drug-related deaths: Provided further, That the Secretary shall submit
the formula methodology to the Committees on Appropriations of the
House of Representatives and the Senate not less than 21 days prior to
publishing a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants may
include education, treatment (including the provision of medication),
behavioral health services for individuals in treatment programs,
referral to treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241 of
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II
of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That none of the funds provided
for section 1921 of the PHS Act or State Opioid Response Grants shall
be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $218,219,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $260,230,000: Provided, That of
the amount made available under this heading, $127,535,000 shall be
used for the projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act: Provided further, That
in addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2023: Provided further, That funds made
available under this heading (other than amounts specified in the first
proviso under this heading) may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$350,400,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2022: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2023.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $368,666,106,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2022, for
the last quarter of fiscal year 2022 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2023, $165,722,018,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$487,862,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000 to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2022 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That of the amount made available under this heading, $397,334,000
shall remain available until September 30, 2023, and shall be available
for the Survey and Certification Program: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose
under this heading in division H of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $873,000,000, to remain available through
September 30, 2023, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $658,648,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $102,145,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $112,207,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2022 shall include measures of the operational efficiency
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
CHIP programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading, $317,000,000
is provided to meet the terms of section 4004(b)(3)(B) and section
4005(c)(2) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and $556,000,000 is
additional new budget authority specified for purposes of section
4004(b)(3) and section 4005(c) of such resolution: Provided further,
That the Secretary shall provide not less than $30,000,000 from amounts
made available under this heading and amounts made available for fiscal
year 2022 under section 1817(k)(3)(A) of the Social Security Act for
the Senior Medicare Patrol program to combat health care fraud and
abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,795,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2023, $1,300,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $3,800,304,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $4,600,000 may be reserved by the Secretary
for technical assistance, training, and monitoring of program
activities for compliance with internal controls, policies and
procedures, and to supplement funding otherwise available for necessary
administrative expenses to carry out such Act, and the Secretary may,
in addition to the authorities provided in section 2609A(a)(1), use
such funds through contracts with private entities that do not qualify
as nonprofit organizations: Provided further, That all but
$785,000,000 of the amount appropriated under this heading shall be
allocated as though the total appropriation for such payments for
fiscal year 2022 was less than $1,975,000,000: Provided further, That,
after applying all applicable provisions of section 2604 of such Act
and the previous proviso, each State or territory that would otherwise
receive an allocation that is less than 97 percent of the amount that
it received under this heading for fiscal year 2021 from amounts
appropriated in Public Law 116-260 shall have its allocation increased
to that 97 percent level, with the portions of other States' and
territories' allocations that would exceed 100 percent of the amounts
they respectively received in such fashion for fiscal year 2021 being
ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$4,825,214,000, of which $4,777,459,000 shall remain available through
September 30, 2024 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers increasing
any appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent'': Provided
further, That the contribution of funds requirement under section
235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 shall not apply to funds made
available under this heading.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $6,165,330,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such Act,
$184,960,000 shall be for Indian tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act
of 1981, and the Child Care and Development Block Grant Act of 1990,
$13,438,343,000, of which $75,000,000, to remain available through
September 30, 2023, shall be for grants to States for adoption and
legal guardianship incentive payments, as defined by section 473A of
the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2022: Provided, That
$11,036,820,000 shall be for making payments under the Head Start Act,
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $234,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations act,
funding available for a cost of living adjustment shall not be
construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs (7)(B)
and (9) of section 641(c) of the Head Start Act under the
Designation Renewal System, established under the authority of
sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such
funds shall not be included in the calculation of ``base grant'' in
subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act;
(3) $52,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in such
section, of which not less than $2,600,000 shall be available to
migrant and seasonal Head Start programs for such activities, in
addition to funds made available for migrant and seasonal Head
Start programs under any other provision of section 640(a) of such
Act;
(4) $6,000,000 shall be available for the Tribal Colleges and
Universities Head Start Partnership Program consistent with section
648(g) of such Act; and
(5) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $290,000,000 shall be
available until December 31, 2022 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under
such section 9212: Provided further, That $787,383,000 shall be for
making payments under the CSBG Act: Provided further, That for
services furnished under the CSBG Act with funds made available for
such purpose in this fiscal year and in fiscal year 2021, States may
apply the last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent'': Provided further,
That $32,383,000 shall be for section 680 of the CSBG Act, of which not
less than $21,383,000 shall be for section 680(a)(2) and not less than
$11,000,000 shall be for section 680(a)(3)(B) of such Act: Provided
further, That, notwithstanding section 675C(a)(3) of the CSBG Act, to
the extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under such
Act, and have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for expenditure by
such entity consistent with program purposes: Provided further, That
the Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $200,000,000 shall be for carrying out section
303(a) of the Family Violence Prevention and Services Act, of which
$7,000,000 shall be allocated notwithstanding section 303(a)(2) of such
Act for carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child Abuse
Prevention and Treatment Act shall not apply to funds appropriated
under this heading: Provided further, That $1,864,000 shall be for a
human services case management system for federally declared disasters,
to include a comprehensive national case management contract and
Federal costs of administering the system: Provided further, That up
to $2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness: Provided
further, That $26,992,000 shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205
of this Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $82,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act and $2,750,000, in addition to funds otherwise
appropriated in section 476 for such purposes, shall be for the Family
First Clearinghouse and to support evaluation and technical assistance
relating to the evaluation of child and family services: Provided
further, That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may be used
for identifying, establishing, and disseminating practices to meet the
criteria specified in section 471(e)(4)(C): Provided further, That the
reservation in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso: Provided
further, That the minimum grant award for kinship navigator programs in
the case of States and territories shall be $200,000, and, in the case
of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $6,963,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2023,
$3,200,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
II of the Help America Vote Act of 2002, the Assistive Technology Act
of 1998, titles II and VII (and section 14 with respect to such titles)
of the Rehabilitation Act of 1973, and for Department-wide coordination
of policy and program activities that assist individuals with
disabilities, $2,264,927,000, together with $53,115,000 to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease prevention and
health promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That notwithstanding any
other provision of this Act, funds made available under this heading to
carry out section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further, That
$2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the alternative
financing program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete: Provided
further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with a
developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act of
2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments), that
has as the requested remedy the closure of State operated intermediate
care facilities for people with intellectual or developmental
disabilities, unless reasonable public notice of the action has been
provided to such individuals (or, in the case of mental incapacitation,
the legal guardians who have been specifically awarded authority by the
courts to make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days of
instituting such legal action, which informs such individuals (or such
legal guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply in the
case of individuals who are a ward of the State or subject to public
guardianship: Provided further, That of the amount made available
under this heading, $13,871,000 shall be used for the projects, and in
the amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205
of this Act.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$506,294,000, together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $56,900,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $101,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent shall be
available for research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies for
preventing teenage pregnancy: Provided further, That of the amounts
provided under this heading from amounts available under section 241 of
the PHS Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy prevention
approaches: Provided further, That of the funds made available under
this heading, $35,000,000 shall be for making competitive grants which
exclusively implement education in sexual risk avoidance (defined as
voluntarily refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual risk
avoidance shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach integrating
research findings with practical implementation that aligns with the
needs and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for
poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors such
as underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10 percent of the
funding for such competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in
the prevention, diagnosis, and treatment of kidney diseases (as
authorized by section 24 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $196,000,000 shall remain available until
September 30, 2023, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $64,238,000 shall be from
amounts made available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$82,400,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228: Provided further, That of
the amount appropriated under this heading, necessary sums shall be
available for carrying out activities authorized under section 3022 of
the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,274,678,000, of which $745,005,000 shall remain
available through September 30, 2023, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided
under this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds available for
such purpose: Provided further, That products purchased with funds
provided under this heading may, at the discretion of the Secretary, be
deposited in the Strategic National Stockpile pursuant to section 319F-
2 of the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain available
through September 30, 2024.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $780,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $845,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $300,000,000; of which $265,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
advanced research projects agency for health
(including transfer of funds)
For carrying out section 301 and title IV of the PHS Act with
respect to advanced research projects for health, $1,000,000,000, to
remain available through September 30, 2024: Provided, That the
President shall appoint in the Department of Health and Human Services
a director of advanced research projects for health (Director):
Provided further, That funds may be used to make or rescind
appointments of scientific, medical, and professional personnel without
regard to any provision in title 5 governing appointments under the
civil service laws: Provided further, That funds may be used to fix
the compensation of such personnel at a rate to be determined by the
Director, up to the amount of annual compensation (excluding expenses)
specified in section 102 of title 3, United States Code: Provided
further, That the Director may use funds made available under this
heading to make awards in the form of grants, contracts, cooperative
agreements, and cash prizes, and enter into other transactions (as
defined in section 319L(a)(3) of the PHS Act): Provided further, That
activities supported with funds provided under this heading shall not
be subject to the requirements of sections 406(a)(3)(A)(ii) or 492 of
the PHS Act: Provided further, That the Secretary may transfer the
Advanced Research Projects Agency for Health, including the functions,
personnel, missions, activities, authorities, and funds, within 30 days
of enactment of this Act to any agency or office of the Department of
Health and Human Services, including the National Institutes of Health:
Provided further, That the Committees on Appropriations of the House
of Representatives and the Senate shall be notified at least 15 days in
advance of any transfer pursuant to the preceding proviso.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the effective date of a contract awarded in fiscal year
2022 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2022:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of Mission
to ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service Act
of 1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall cooperate
fully with the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable regulation
governing location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities
in those countries as necessary to conduct programs of assistance
for international health activities, including activities relating
to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I
of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary. The
Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the amount of
the locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304 of title
5, United States Code if such personnel's official duty station
were in the District of Columbia. Leaves of absence for personnel
under this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to individuals
serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract will
serve the best interests of the Federal Government by encouraging
full and open competition or promoting economy in administration,
performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code; and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2023
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and the
amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws other
than the ACA and work on programs that existed prior to the passage
of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2023 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 2023. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. Effective during the period beginning on November 1,
2015 and ending January 1, 2024, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect to
breast cancer screening, mammography, and prevention last issued
before 2009; and
(2) such recommendations last issued before 2009 applied to any
screening mammography modality under section 1861(jj) of the Social
Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the previous
proviso is in addition to any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act of
2010 pertaining to enrollments during the open enrollment period;
and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the Public
Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 227. 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 $355,000,000
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.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' means Guam, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys, clothing,
and any other items intended to promote the wellbeing of such children.
Sec. 231. None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be
obligated to a grantee or contractor to house unaccompanied alien
children (as such term is defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not
State-licensed for the care of unaccompanied alien children, except in
the case that the Secretary determines that housing unaccompanied alien
children in such a facility is necessary on a temporary basis due to an
influx of such children or an emergency, provided that--
(1) the terms of the grant or contract for the operations of
any such facility that remains in operation for more than six
consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours, one
(1) on-duty Youth Care Worker for every sixteen (16) children
or youth during sleeping hours, and clinician ratios to
children (including mental health providers) as required in
grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a contractor's
or grantee's non-compliance with paragraph (1) if the Secretary
certifies and provides a report to Congress on the contractor's or
grantee's good-faith efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph (2)
may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more than
three consecutive months, ORR shall conduct a minimum of one
comprehensive monitoring visit during the first three months of
operation, with quarterly monitoring visits thereafter; and
(6) not later than 60 days after the date of enactment of this
Act, ORR shall brief the Committees on Appropriations of the House
of Representatives and the Senate outlining the requirements of ORR
for influx facilities including any requirement listed in paragraph
(1)(A) that the Secretary has determined are not applicable to non-
State licensed facilities.
Sec. 232. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the
Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days before operationalizing
an unlicensed facility, and shall (1) specify whether the facility is
hard-sided or soft-sided, and (2) provide analysis that indicates that,
in the absence of the influx facility, the likely outcome is that
unaccompanied alien children will remain in the custody of the
Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in danger. Within
60 days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a report detailing the total
number of children in care at the facility, the average length of stay
and average length of care of children at the facility, and, for any
child that has been at the facility for more than 60 days, their length
of stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee Resettlement
not less than two business days in advance to ensure that such visit
would not interfere with the operations (including child welfare and
child safety operations) of such facility.
Sec. 234. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with respect to
children who were separated from their parents or legal guardians by
the Department of Homeland Security (DHS) (regardless of whether or not
such separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
(1) the number and ages of children so separated subsequent to
apprehension at or between ports of entry, to be reported by sector
where separation occurred; and
(2) the documented cause of separation, as reported by DHS when
each child was referred.
Sec. 235. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
(rescission)
Sec. 236. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of Public Law
110-161, $650,000,000 are hereby rescinded not later than September 30,
2022.
Sec. 237. The unobligated balances of amounts appropriated or
transferred to the Centers for Disease Control and Prevention under the
heading ``Buildings and Facilities'' in title II of division H of the
Consolidated Appropriations Act, 2018 (Public Law 115-141) for a
biosafety level 4 laboratory shall also be available for the
acquisition of real property, equipment, construction, demolition,
renovation of facilities, and installation expenses, including moving
expenses, related to such laboratory: Provided, That not later than
September 30, 2022, the remaining unobligated balances of such funds
are hereby rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated, to remain
available until expended, for the same purposes as such unobligated
balances, in addition to any other amounts available for such purposes.
Sec. 238. The Secretary of Health and Human Services may waive
penalties and administrative requirements in title XXVI of the Public
Health Service Act for awards under such title from amounts provided
under the heading ``Department of Health and Human Services--Health
Resources and Services Administration'' in this or any other
appropriations Act for this fiscal year, including amounts made
available to such heading by transfer.
Sec. 239. The Director of the National Institutes of Health shall
hereafter require institutions that receive funds through a grant or
cooperative agreement during fiscal year 2022 and in future years to
notify the Director when individuals identified as a principal
investigator or as key personnel in an NIH notice of award are removed
from their position or are otherwise disciplined due to concerns about
harassment, bullying, retaliation, or hostile working conditions. The
Director may issue regulations consistent with this section.
Sec. 240. The CDC Undergraduate Public Health Scholars Program is
hereby renamed as the John R. Lewis CDC Undergraduate Public Health
Scholars Program.
Sec. 241. The Center for Alzheimer's Disease and Related Dementias
Building (Building T-44) at the National Institutes of Health is hereby
renamed as the Roy Blunt Center for Alzheimer's Disease and Related
Dementias Research Building.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2022''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $18,229,790,000, of which
$7,306,490,000 shall become available on July 1, 2022, and shall remain
available through September 30, 2023, and of which $10,841,177,000
shall become available on October 1, 2022, and shall remain available
through September 30, 2023, for academic year 2022-2023: Provided,
That $6,459,401,000 shall be for basic grants under section 1124 of the
ESEA: Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2021, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided
further, That $4,857,550,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $4,857,550,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $221,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $48,123,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,557,112,000,
of which $1,409,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $77,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2021-2022, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
7003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,595,835,000, of which $3,757,312,000 shall become available on July
1, 2022, and remain available through September 30, 2023, and of which
$1,681,441,000 shall become available on October 1, 2022, and shall
remain available through September 30, 2023, for academic year 2022-
2023: Provided, That $390,000,000 shall be for part B of title I:
Provided further, That $1,289,673,000 shall be for part B of title IV:
Provided further, That $38,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and modernization of
any public elementary school, secondary school, or structure related to
a public elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5 percent
limitation in section 6205(b) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative
costs: Provided further, That $37,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section 6305 of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs: Provided further, That $54,000,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section:
Provided further, That $19,657,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That $195,000,000
shall be for part B of title V: Provided further, That $1,280,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $189,246,000, of which
$70,000,000 shall be for subpart 2 of part A of title VI and $9,365,000
shall be for subpart 3 of part A of title VI: Provided, That the 5
percent limitation in sections 6115(d), 6121(e), and 6133(g) of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs: Provided further, That grants awarded
under sections 6132 and 6133 of the ESEA with funds provided under this
heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,160,250,000: Provided, That $265,750,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be
made available without regard to sections 2201, 2231(b) and 2241:
Provided further, That $660,500,000 shall be for parts C, D, and E and
subpart 4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided
further, That section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use $60,000,000
to carry out section 4304, of which not more than $10,000,000 shall be
available to carry out section 4304(k), $140,000,000, to remain
available through March 31, 2023, to carry out section 4305(b), and not
more than $15,000,000 to carry out the activities in section
4305(a)(3): Provided further, That notwithstanding section 4601(b),
$234,000,000 shall be available through December 31, 2022 for subpart 1
of part F of title IV: Provided further, That of the funds available
for subpart 4 of part F of title IV, $6,000,000 shall be for an award
to a national nonprofit organization selected in the 2018 arts in
education national program competition for activities authorized under
section 4642(a)(1)(C), including costs incurred prior to the award
date, and not less than $8,000,000 shall be used to carry out a
separate competition for eligible national nonprofit organizations, as
described in the Applications for New Awards; Assistance for Arts
Education Program--Arts in Education National Program published in the
Federal Register on May 7, 2018, for activities described under section
4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $361,000,000, to remain available through
December 31, 2022: Provided, That $201,000,000 shall be available for
section 4631, of which up to $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (Project SERV) program: Provided further, That $75,000,000
shall be available for section 4625: Provided further, That
$85,000,000 shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $831,400,000,
which shall become available on July 1, 2022, and shall remain
available through September 30, 2023, except that 6.5 percent of such
amount shall be available on October 1, 2021, and shall remain
available through September 30, 2023, to carry out activities under
section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$14,519,119,000, of which $4,966,176,000 shall become available on July
1, 2022, and shall remain available through September 30, 2023, and of
which $9,283,383,000 shall become available on October 1, 2022, and
shall remain available through September 30, 2023, for academic year
2022-2023: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2021, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2021: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, That the Secretary may, in any fiscal
year in which a State's allocation under section 611 is reduced in
accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of the
IDEA to make subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-profit
organizations to carry out activities authorized by those sections:
Provided further, That, notwithstanding section 643(e)(2)(A) of the
IDEA, if 5 or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each State in an
amount equal to the maximum amount described in section 643(e)(2)(B) of
such Act: Provided further, That if more than 5 States apply for
grants pursuant to section 643(e) of the IDEA, the Secretary shall
award funds to those States on the basis of the States' relative
populations of infants and toddlers except that no such State shall
receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may use funds
allotted under section 643(c) of the IDEA to make subgrants to local
educational agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out activities
authorized by section 638 of IDEA: Provided further, That,
notwithstanding section 638 of the IDEA, a State may use funds it
receives under section 633 of the IDEA to offer continued early
intervention services to a child who previously received services under
part C of the IDEA from age 3 until the beginning of the school year
following the child's third birthday with parental consent and without
regard to the procedures in section 635(c) of the IDEA.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,862,645,000, of which $3,719,121,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities: Provided further, That up to 15 percent of the amounts
available for innovative activities described in the preceding proviso
from funds provided under this paragraph in this Act and title III of
the Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2021 (division H of Public Law
116-260), may be used for evaluation and technical assistance related
to such activities: Provided further, That States may award subgrants
for a portion of the funds to other public and private, nonprofit
entities: Provided further, That any funds provided in this Act and
made available subsequent to reallotment for innovative activities
aimed at improving the outcomes of individuals with disabilities shall
remain available until September 30, 2023: Provided further, That of
the amounts made available under this heading, $2,325,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
302 of this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $40,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $88,500,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $146,361,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'')
and the Adult Education and Family Literacy Act (``AEFLA''),
$2,091,436,000, of which $1,300,436,000 shall become available on July
1, 2022, and shall remain available through September 30, 2023, and of
which $791,000,000 shall become available on October 1, 2022, and shall
remain available through September 30, 2023: Provided, That of the
amounts made available for AEFLA, $13,712,000 shall be for national
leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,580,352,000 which shall remain available
through September 30, 2023.
The maximum Pell Grant for which a student shall be eligible during
award year 2022-2023 shall be $5,835.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,033,943,000, to remain available through
September 30, 2023: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan servicers
utilizing established common metrics, and on the basis of the capacity
of each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to October 1,
2017, the Secretary shall allow student loan borrowers who are
consolidating Federal student loans to select from any student loan
servicer to service their new consolidated student loan: Provided
further, That in order to promote accountability and high-quality
service to borrowers, the Secretary shall not award funding for any
contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student Aid
(FSA) Next Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department
shall re-allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable laws,
including for failure to sufficiently inform borrowers of available
repayment options: Provided further, That such servicers shall be
evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the extent FSA
permits student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the contract,
and the performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall performance of
the prime contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any new
Federal loan servicing environment, incentivize more support to
borrowers at risk of delinquency or default: Provided further, That
FSA shall ensure that in such environment contractors have the capacity
to meet and are held accountable for performance on service levels; are
held accountable for and have a history of compliance with applicable
consumer protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Education
and Labor of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to solicitations for Federal student loan
servicing contracts: Provided further, That FSA shall strengthen
transparency through expanded publication of aggregate data on student
loan and servicer performance: Provided further, That not later than
60 days after enactment of this Act, FSA shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan of anticipated uses of funds made
available in this account for fiscal year 2022 and provide quarterly
updates on this plan (including contracts awarded, change orders,
bonuses paid to staff, reorganization costs, and any other activity
carried out using amounts provided under this heading for fiscal year
2022): Provided further, That the FSA Next Generation Processing and
Servicing Environment, or any new Federal student loan servicing
environment, shall include accountability measures that account for the
performance of the portfolio and contractor compliance with FSA
guidelines.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$2,994,111,000, of which $76,000,000 shall remain available through
December 31, 2022: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government,
the professions, or international development: Provided further, That
of the funds referred to in the preceding proviso up to 1 percent may
be used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of
title IV of the HEA may be used for evaluation: Provided further, That
section 313(d) of the HEA shall not apply to an institution of higher
education that is eligible to receive funding under section 318 of the
HEA: Provided further, That amounts made available for carrying out
section 419N of the HEA may be awarded notwithstanding the limitations
in section 419N(b)(2) of the HEA: Provided further, That of the
amounts made available under this heading, $249,400,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
302 of this Act.
Howard University
For partial support of Howard University, $344,018,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2023: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $274,149,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as
authorized by section 208 of the Department of Education Organization
Act and carrying out activities authorized by the National Assessment
of Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664 of the
Individuals with Disabilities Education Act, $737,021,000, which shall
remain available through September 30, 2023: Provided, That funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used to link Statewide elementary and secondary
data systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That up
to $6,000,000 of the funds available to carry out section 208 of the
Educational Technical Assistance Act may be used for awards to public
or private organizations or agencies to support activities to improve
data coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $394,907,000, of which up to $7,000,000, to
remain available until expended, shall be available for relocation
expenses, and for the renovation and repair of leased buildings:
Provided, That, notwithstanding any other provision of law, none of the
funds provided by this Act or provided by previous Appropriations Acts
to the Department of Education available for obligation or expenditure
in the current fiscal year may be used for any activity relating to
implementing a reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority, or
functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $135,500,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $64,000,000, of which $2,000,000 shall remain available until
expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2022, through September 30, 2023.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2022 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be
applied by substituting ``2022'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall
be applied by substituting ``2022'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the unobligated balances available under the heading
``Student Financial Assistance'' for carrying out subpart 1 of part A
of title IV of the HEA, $1,050,000,000 are hereby rescinded.
(rescission)
Sec. 309. Of the amounts appropriated under section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2022, $85,000,000 are hereby
rescinded.
Sec. 310. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist borrowers who
would qualify for loan cancellation under section 455(m) of such Act
except that the borrower has made some, or all, of the 120 required
payments under a repayment plan that is not described under section
455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall also
communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 311. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $25,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary
of Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)), for borrowers of loans made under part D of title IV of such
Act who would qualify for loan cancellation under section 455(m) except
some, or all, of the 120 required payments under section 455(m)(1)(A)
do not qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repayment plans
as described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under
section 455(g) and that were less than the amount calculated under
section 455(d)(1)(A), based on a 10-year repayment period: Provided,
That the monthly payment made 12 months before the borrower applied for
loan cancellation as described in the matter preceding this proviso and
the most recent monthly payment made by the borrower at the time of
such application were each not less than the monthly amount that would
be calculated under, and for which the borrower would otherwise qualify
for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based
or income-contingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but demonstrates
an unusual fluctuation of income over the past 5 years: Provided
further, That the total loan volume, including outstanding principal,
fees, capitalized interest, or accrued interest, at application that is
eligible for such loan cancellation by such borrowers shall not exceed
$75,000,000: Provided further, That the Secretary shall develop and
make available a simple method for borrowers to apply for loan
cancellation under this section within 60 days of enactment of this
Act: Provided further, That the Secretary shall provide loan
cancellation under this section to eligible borrowers on a first-come,
first-serve basis, based on the date of application and subject to both
the limitation on total loan volume at application for such loan
cancellation specified in the second proviso and the availability of
appropriations under this section: Provided further, That no borrower
may, for the same service, receive a reduction of loan obligations
under both this section and section 428J, 428K, 428L, or 460 of such
Act.
Sec. 312. 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, 2024: Provided
further, That if, under any other provision of law, funds are
authorized to be reserved or used for evaluation activities with
respect to a program or project, the Secretary may also reserve funds
for such program or project for the purposes described in this section
so long as the total reservation of funds for such program or project
does not exceed any statutory limits on such reservations: Provided
further, That not later than 30 days prior to the initial obligation of
funds reserved under this section, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor and Pensions
of the Senate, and the Committee on Education and Labor of the House of
Representatives a plan that identifies the source and amount of funds
reserved under this section, the impact on program grantees if funds
are withheld for the purposes of this section, and the activities to be
carried out with such funds.
Sec. 313. In addition to amounts otherwise appropriated by this
Act under the heading ``Innovation and Improvement'' for purposes
authorized by the Elementary and Secondary Education Act of 1965, there
are hereby appropriated an additional $140,480,000 which shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That none of the funds made available for such
projects shall be subject to section 302 of this Act.
Sec. 314. (a) In General.--For the purpose of carrying out section
435(a)(2) of the HEA (20 U.S.C. 1085(a)(2)) or 34 CFR 668.206(a)(1),
the Secretary of Education may waive the requirements under sections
435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of the HEA (20 U.S.C.
1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii)) or 34 CFR
668.213(b)(1) for an institution of higher education that offers an
associate degree, is a public institution, and is located in an
economically distressed county, defined as a county with a poverty rate
of at least 25 percent based on the U.S. Census Bureau's Small Area
Income and Poverty Estimate program data for 2017 that was impacted by
Hurricane Matthew.
(b) Applicability.--Subsection (a) shall apply to an institution of
higher education that otherwise would be ineligible to participate in a
program under part D of title IV of the Higher Education Act of 1965 on
or after the date of enactment of this Act due to the application of
section 435(a)(2) of the HEA (20 U.S.C. 1085(a)(2)) or 34 CFR
668.206(a)(1).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
(rescission)
Sec. 315. Any remaining unobligated balances from amounts made
available in the second and third paragraphs under the heading
``Historically Black College and University Capital Financing Program
Account'' in title III of division H of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) are hereby permanently rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2022''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $11,000,000: Provided, That in order to authorize any central
nonprofit agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written agreement with
any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $2,650,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $865,409,000 ,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $19,094,000 shall be available to provide
assistance to State commissions on national and community service,
under section 126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; (3) $34,505,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $6,558,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis: Provided further, That for
the purposes of carrying out the 1990 Act, satisfying the requirements
in section 122(c)(1)(D) may include a determination of need by the
local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $190,550,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $88,082,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2022, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section shall
be considered ``qualified entities'' under section 3 of the
National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be considered
``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized
to receive criminal history record information, consistent with
Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than one year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied
by substituting ``an approved national service position'' for ``a
national service program that receives grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2024, $525,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$50,058,000: Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organizations,
and for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further,
That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,539,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$268,000,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,043,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $13,292,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,500,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 408. 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.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$14,729,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,622,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $11,000,000,
which shall include amounts becoming available in fiscal year 2022
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the
total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2023, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $124,000,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That notwithstanding
section 7(b)(9) of the Railroad Retirement Act, this limitation may be
used to hire students attending qualifying educational institutions or
individuals who have recently completed qualifying educational programs
using current excepted hiring authorities established by the Office of
Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $12,650,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$45,913,823,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $86,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2024.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2023, $15,600,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire and purchase of two
passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than $13,202,945,000
may be expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,600,000 shall be for the
Social Security Advisory Board: Provided further, That $55,000,000
shall remain available through September 30, 2023, for activities to
address the disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2022 not needed
for fiscal year 2022 shall remain available until expended to invest in
the Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
Of the total amount made available in the first paragraph under
this heading, not more than $1,708,000,000, to remain available through
March 31, 2023, is for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act, including
work-related continuing disability reviews to determine whether
earnings derived from services demonstrate an individual's ability to
engage in substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of the
Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution
of fraud in the programs and operations of the Social Security
Administration by Special Assistant United States Attorneys: Provided,
That, of such amount, $273,000,000 is provided to meet the terms of
section 4004(b)(1)(B)(i) and section 4005(a)(2)(A) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and $1,435,000,000 is additional new budget authority
specified for purposes of section 4004(b)(1) and section 4005(a) of
such resolution: Provided further, That, of the additional new budget
authority described in the preceding proviso, up to $12,100,000 may be
transferred to the ``Office of Inspector General'', Social Security
Administration, for the cost of jointly operated co-operative
disability investigation units: Provided further, That such transfer
authority is in addition to any other transfer authority provided by
law: Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $138,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2022 exceed $138,000,000, the amounts shall be available in
fiscal year 2023 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,900,000, together with not to exceed $77,765,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information technology
modernization, including related hardware and software infrastructure
and equipment, and for administrative expenses directly associated with
information technology modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest;
or
(2) in the case where a woman suffers from a physical disorder,
physical injury, or physical illness, including a life-endangering
physical condition caused by or arising from the pregnancy itself,
that would, as certified by a physician, place the woman in danger
of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care professional,
a hospital, a provider-sponsored organization, a health maintenance
organization, a health insurance plan, or any other kind of health
care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death
greater than that allowed for research on fetuses in utero under 45
CFR 46.204(b) and section 498(b) of the Public Health Service Act
(42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of Labor
concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by that
section for the most recent year for which such requirement was
applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2022, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2022, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2022 that are different than those
specified in this Act, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) or the
fiscal year 2022 budget request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total for a
particular project, activity, or programmatic initiative, in value and
awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2022, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences shall
be tabulated separately from and not included in agency totals.
Sec. 522. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
United States taxpayer expense. The funds used by a Federal agency to
carry out this requirement shall be derived from amounts made available
to the agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 523. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2022'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2026'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524 of
division A of Public Law 116-94, and section 524 of division H of
Public Law 116-260.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 524. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2022 the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, That for balances
that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with
fiscal year 2012, or, to the extent feasible, earlier fiscal years)
from which balances were derived.
Sec. 525. The Departments of Labor, Health and Human Services, and
Education shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a comprehensive list of any new
or competitive grant award notifications, including supplements, issued
at the discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is announced
by the Department or its offices (other than emergency response grants
at any time of the year or for grant awards made during the last 10
business days of the fiscal year, or if applicable, of the program
year).
Sec. 526. 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.
Sec. 527. Each department and related agency funded through this
Act shall provide answers to questions submitted for the record by
members of the Committee within 45 business days after receipt.
Sec. 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, $12,679,000,000 shall not be available for
obligation in this fiscal year.
Sec. 529. (a) This section applies to: (1) the Administration for
Children and Families in the Department of Health and Human Services;
and (2) The Chief Evaluation Office and the statistical-related
cooperative and interagency agreements and contracting activities of
the Bureau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in subsection
(a) for research, evaluation, or statistical purposes shall be
available for obligation through September 30, 2026: Provided, That
when an office referenced in subsection (a) receives research and
evaluation funding from multiple appropriations, such offices may use a
single Treasury account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended at the
time of completion of a contract, grant, or cooperative agreement may
be deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which such amounts
are available.
Sec. 530. (a) An institution of higher education that received
funds under paragraph (2) of section 18004(a) of the CARES Act (20
U.S.C. 3401 note; 134 Stat. 567), paragraph (2) of section 314(a) of
the Coronavirus Response and Relief Supplemental Appropriations Act,
2021 (division M of Public Law 116-260; 134 Stat. 1932), or section
2003 of the American Rescue Plan Act of 2021 (Public Law 117-2; 135
Stat. 23) to the extent such funds are allocated (in accordance with
such section) under paragraph (2) of section 314(a) of the Coronavirus
Response and Relief Supplemental Appropriations Act, 2021 (134 Stat.
1932) may use such funds for the acquisition of real property or
construction directly related to preventing, preparing for, and
responding to coronavirus, provided that such use meets all other
applicable requirements and limitations specified in such Acts
appropriating such funds.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2022''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader of the
Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip
of the Senate, $10,000; Minority Whip of the Senate, $10,000; President
Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $195,000.
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $239,404,000, which shall be
paid from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,641,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $796,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $343,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,906,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,774,000.
committee on appropriations
For salaries of the Committee on Appropriations, $16,900,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,813,000 for each such committee; in all, $3,626,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $900,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,852,000 for each such committee; in all,
$3,704,000.
office of the chaplain
For Office of the Chaplain, $562,000.
office of the secretary
For Office of the Secretary, $28,091,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $98,563,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $2,038,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $71,560,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $7,353,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,299,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,500;
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for
the Majority of the Senate, $7,500; Secretary for the Minority of the
Senate, $7,500; in all, $30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $136,600,000, of which
$13,660,000 shall remain available until September 30, 2024.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $530,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$23,036,000, of which $8,936,000 shall remain available until September
30, 2026, and of which $14,100,000 shall remain available until
expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $151,820,874, of which $147,820,874 shall remain
available until September 30, 2026, and of which $4,000,000 shall be
for Senate hearing room audiovisual equipment, to remain available
until expended.
sergeant at arms business continuity and disaster recovery fund
For expenses of the Sergeant at Arms Business Continuity and
Disaster Recovery Fund established in section 5 of the Legislative
Branch Appropriations Act, 1991 (2 U.S.C. 6611), as amended by section
103 of this Act, $25,000,000, which shall remain available until
expended: Provided, That such amount and any amounts transferred to
the Fund shall be allocated in accordance with a spending plan
submitted to the Committee on Appropriations of the Senate: Provided
further, That the spending plan in the preceding proviso must be
updated before any amount in the Fund is obligated, if such obligation
is not in accordance with that plan: Provided further, That if the
Sergeant at Arms submits to the Committee on Appropriations of the
Senate a request for emergency supplemental funding, the Sergeant at
Arms shall include with the request an update to the latest spending
plan submitted to the Committee on Appropriations of the Senate:
Provided further, That any spending plan submitted pursuant to the
preceding three provisos shall include a presentation of the total
amount of obligated and unobligated amounts in the Fund.
miscellaneous items
For miscellaneous items, $23,021,500 which shall remain available
until September 30, 2024.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$486,274,200, of which $20,128,950 shall remain available until
September 30, 2024, and of which $7,000,000 shall be allocated solely
for the purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years
for which such amounts are made available. Any unexpended balances
under such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance with the
undesignated paragraph under the center heading ``GENERAL PROVISION''
under chapter XI of the Third Supplemental Appropriation Act, 1957 (2
U.S.C. 4107) and used for deficit reduction (or, if there is no Federal
budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
adjustments to senators' personnel and office expense account allowance
Sec. 102. Effective on and after October 1, 2021, each of the
dollar amounts contained in the table under section 105(d)(1)(A) of the
Legislative Branch Appropriations Act, 1968 (2 U.S.C. 4575(d)(1)(A))
shall be deemed to be the dollar amounts in that table, as adjusted by
law and in effect on September 30, 2021, increased by an additional
$75,000 each.
sergeant at arms business continuity and disaster recovery fund
Sec. 103. Section 5 of the Legislative Branch Appropriations Act,
1991 (2 U.S.C. 6611) is amended--
(1) by striking all that precedes ``is authorized,'' and
inserting the following:
``SEC. 5. TRANSFER AUTHORITY AND SERGEANT AT ARMS BUSINESS CONTINUITY
AND DISASTER RECOVERY FUND.
``(a) In General.--The Sergeant at Arms and Doorkeeper of the
Senate''; and
(2) by adding at the end the following:
``(b) Sergeant at Arms Business Continuity and Disaster Recovery
Fund.--
``(1) Definitions.--In this subsection--
``(A) the term `Fund' means the Sergeant at Arms Business
Continuity and Disaster Recovery Fund established under
paragraph (2); and
``(B) the term `Sergeant at Arms' means the Sergeant at
Arms and Doorkeeper of the Senate.
``(2) Establishment.--There is established under the heading
`Contingent Expenses of the Senate' an account to be known as the
`Sergeant at Arms Business Continuity and Disaster Recovery Fund'.
``(3) Use of amounts.--Amounts in the Fund shall be available
to the Sergeant at Arms for purposes of the business continuity and
disaster recovery needs of the Senate.
``(4) Authority to transfer.--
``(A) In general.--Subject to subparagraph (C), prior to
the date of the withdrawal of amounts appropriated under the
heading `Contingent Expenses of the Senate--sergeant at arms
and doorkeeper of the senate' in accordance with the matter
under the heading `GENERAL PROVISION' under chapter XI of the
Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107), any
unobligated balances of expired discretionary appropriations of
such amounts may be transferred by the Sergeant at Arms to the
Fund.
``(B) Period of availability.--Amounts transferred under
subparagraph (A) shall remain available until expended.
``(C) Notice.--If the Sergeant at Arms intends to transfer
amounts under subparagraph (A), the Sergeant at Arms shall
submit to the Committee on Appropriations of the Senate written
notice not later than 15 days before the date of the withdrawal
of such amounts in accordance with the matter under the heading
`GENERAL PROVISION' under chapter XI of the Third Supplemental
Appropriation Act, 1957 (2 U.S.C. 4107).
``(D) Applicability.--The authority to transfer amounts
under this paragraph shall apply with respect to amounts
appropriated for fiscal year 2022, or any fiscal year
thereafter.
``(5) Authorization of appropriations.--There are authorized to
be appropriated to the Fund such sums as are necessary for fiscal
year 2022 and each fiscal year thereafter.''.
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
Notwithstanding any other provision of this Act, there is hereby
appropriated for fiscal year 2022 for payment to Jennifer K. Carnahan,
beneficiary of Jim Hagedorn, late a Representative from the State of
Minnesota, $174,000.
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,714,996,045, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $34,949,640,
including: Office of the Speaker, $10,036,950, including $35,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$3,565,870, including $15,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $10,036,950, including
$17,500 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,962,080,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$2,684,990, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $2,831,400; Democratic Caucus, $2,831,400:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2022 until January 2, 2023.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $774,400,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation
of interns who serve in the offices of Members of the House of
Representatives, $15,435,000, to remain available through January 2,
2023: Provided, That notwithstanding section 120(b) of such Act, an
office of a Member of the House of Representatives may use not more
than $35,000 of the allowance available under this heading during
legislative year 2022.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the Legislative
Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of
interns who serve in House leadership offices, $438,000, to remain
available through January 2, 2023: Provided, That of the amount
provided under this heading, $240,500 shall be available for the
compensation of interns who serve in offices of the majority, to be
allocated among such offices by the Speaker of the House of
Representatives, and $197,500 shall be available for the compensation
of interns who serve in offices of the minority, to be allocated among
such offices by the Minority Floor Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
For the allowance established under section 113(a)(1) of this Act
for the compensation of interns who serve in offices of standing,
special, and select committees (other than the Committee on
Appropriations), $1,943,910, to remain available through January 2,
2023: Provided, That of the amount provided under this heading,
$971,955 shall be available for the compensation of interns who serve
in offices of the majority, and $971,955 shall be available for the
compensation of interns who serve in offices of the minority, to be
allocated among such offices by the Chair, in consultation with the
ranking minority member, of the Committee on House Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
For the allowance established under section 113(a)(2) of this Act
for the compensation of interns who serve in offices of the Committee
on Appropriations, $345,584: Provided, That of the amount provided
under this heading, $172,792 shall be available for the compensation of
interns who serve in offices of the majority, and $172,792 shall be
available for the compensation of interns who serve in offices of the
minority, to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the Committee on
Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $167,101,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2022, except that $3,100,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$29,917,250, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2022.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $288,480,800, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000
is for the Family Room and not more than $2,000 is for the Office of
the Chaplain, $36,500,000, of which $9,000,000 shall remain available
until expended; for salaries and expenses of the Office of the Sergeant
at Arms, including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than $3,000 for
official representation and reception expenses, $27,695,000, of which
$15,000,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $193,187,800, of which $30,000,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $3,000,000, of which $1,000,000 shall remain available
until expended; for salaries and expenses of the Office of the
Whistleblower Ombuds, $1,250,000; for salaries and expenses of the
Office of the Inspector General, $5,019,000; for salaries and expenses
of the Office of General Counsel, $1,912,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,134,000; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,600,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $12,625,000, of which $2,000,000
shall remain available until expended; for salaries and expenses of the
Office of Interparliamentary Affairs, $934,000; for other authorized
employees, $624,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $399,984,861, including: supplies, materials, administrative costs
and Federal tort claims, $1,555,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other applicable
employee benefits, $356,000,000, to remain available until March 31,
2023, except that $25,000,000 of such amount shall remain available
until expended; salaries and expenses for Business Continuity and
Disaster Recovery, $23,812,861, of which $6,000,000 shall remain
available until expended; transition activities for new members and
staff, $5,895,000, to remain available until expended; Green and Gold
Congressional Aide Program under section 114 of this Act, $9,294,000,
to remain available until expended; Office of Congressional Ethics,
$1,738,000; and miscellaneous items including purchase, exchange,
maintenance, repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of deceased
employees of the House, $1,500,000.
House of Representatives Modernization Initiatives Account
(including transfer of funds)
For the House of Representatives Modernization Initiatives Account
established under section 115 of the Legislative Branch Appropriations
Act, 2021 (2 U.S.C. 5513), $2,000,000, to remain available until
expended: Provided, That disbursement from this account is subject to
approval of the Committee on Appropriations of the House of
Representatives: Provided further, That funds provided in this account
shall only be used for initiatives recommended by the Select Committee
on Modernization or approved by the Committee on House Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--members' representational allowances'' shall be
available only for fiscal year 2022. Any amount remaining after all
payments are made under such allowances for fiscal year 2022 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to carry
out this section.
(c) As used in this section, the term ``Member of the House of
Representatives'' means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all
necessary steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the assistance,
including applying minimization procedures to limit the spread or
sharing of privileged House and Member information.
allowances for compensation of interns in house committee offices
Sec. 113. (a) Establishment of Allowances.--There are established
for the House of Representatives the following allowances:
(1) An allowance which shall be available for the compensation
of interns who serve in offices of a standing, special, or select
committee of the House (other than the Committee on
Appropriations).
(2) An allowance which shall be available for the compensation
of interns who serve in offices of the Committee on Appropriations.
(b) Benefit Exclusion.--Section 104(b) of the House of
Representatives Administrative Reform Technical Corrections Act (2
U.S.C. 5321(b)) shall apply with respect to an intern who is
compensated under an allowance under this section in the same manner as
such section applies with respect to an intern who is compensated under
the Members' Representational Allowance.
(c) Definitions.--In this section, the term ``intern'', with
respect to a committee of the House, has the meaning given such term
with respect to a Member of the House of Representatives in section
104(c)(2) of the House of Representatives Administrative Reform
Technical Corrections Act (2 U.S.C. 5321(c)(2)).
(d) Conforming Amendment Relating to Transfer of Amounts.--Section
101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C.
5507(c)(2)) is amended by inserting after ```Allowance for Compensation
of Interns in Member Offices','' the following: ```Allowance for
Compensation of Interns in House Appropriations Committee Offices',
`Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices',''.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2022 and each succeeding fiscal year.
green and gold congressional aide program
Sec. 114. (a) Establishment.--There is established in the House of
Representatives the Green and Gold Congressional Aide Program
(hereafter in this section referred to as the ``Program'') for veterans
and Gold Star Families, under the direction of the Chief Administrative
Officer of the House of Representatives, under which an eligible
individual may serve a 2-year fellowship in the office of a Member of
the House of Representatives (including a Delegate or Resident
Commissioner to the Congress) or House Officer.
(b) Placement.--An individual may serve a fellowship under the
Program at the Member's office in the District of Columbia or the
Member's office in the congressional district the Member represents.
Fellows assigned to House Officers may serve where assigned.
(c) Exclusion of Appointees for Purposes of Limit on Number of
Employees in Member Offices.--Any individual serving a fellowship under
the Program in the office of a Member shall not be included in the
determination of the number of employees employed by the Member under
section 104(a) of the House of Representatives Administrative Reform
Technical Corrections Act (2 U.S.C. 5321(a)).
(d) Regulations.--The Program shall be carried out in accordance
with regulations promulgated by the Committee on House Administration.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2022 and each succeeding fiscal year such
sums as may be necessary to carry out the Program.
(f) Effective Date.--This section shall apply with respect to
fiscal year 2022 and each succeeding fiscal year.
david r. obey hearing room
Sec. 115. Hereafter, the hearing room of the Subcommittee on
Labor, Health and Human Services, Education, and Related Agencies of
the Committee on Appropriations of the House of Representatives (room
2358-C of the Rayburn House Office Building) shall be known and
designated as the ``David R. Obey Room''.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$12,385,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior Medical
Officer;
(3) an allowance of $900 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $900 per month to 2 assistants and $900 per
month each not to exceed 11 assistants on the basis heretofore
provided for such assistants; and
(5) $2,880,000 for reimbursement to the Department of the Navy
for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and
credited to the applicable appropriation or appropriations from
which such salaries, allowances, and other expenses are payable and
shall be available for all the purposes thereof, $4,063,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,606,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $468,861,000 of which overtime
shall not exceed $71,289,224 unless the Committees on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or a duly authorized designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Centers, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $133,648,000, to be
disbursed by the Chief of the Capitol Police or a duly authorized
designee: Provided, That, notwithstanding any other provision of law,
the cost of basic training for the Capitol Police at the Federal Law
Enforcement Training Centers for fiscal year 2022 shall be paid by the
Secretary of Homeland Security from funds available to the Department
of Homeland Security.
Administrative Provision
notification of obligation
Sec. 120. (a) Beginning on the date of enactment of this Act, the
Chief of the United States Capitol Police shall provide written notice
to the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives before any obligation of
funds under section 2802(a)(2) of the Supplemental Appropriations Act,
2001 (2 U.S.C. 1905(a)(2)) that equals or exceeds $100,000.
(b) This section shall apply with respect to fiscal year 2022 and
each fiscal year thereafter.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $7,500,000, of which $2,000,000
shall remain available until September 30, 2023, and of which not more
than $1,000 may be expended on the certification of the Executive
Director in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $60,953,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $139,116,500, of which $5,000,000 shall remain available
until September 30, 2026.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $42,579,000, of which $12,899,000 shall remain
available until September 30, 2026.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $15,237,000, of which $2,000,000 shall remain
available until September 30, 2026.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $81,977,000, of which $9,000,000 shall remain available until
September 30, 2026, and of which $2,000,000 shall remain available
until expended.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $212,422,500, of which $12,000,000 shall
remain available until September 30, 2026, and of which $128,000,000
shall remain available until expended for the restoration and
renovation of the Cannon House Office Building: Provided, That of the
amount made available under this heading, $9,000,000 shall be derived
by transfer from the House Office Building Fund established under
section 176(d) of the Continuing Appropriations Act, 2017, as added by
section 101(3) of the Further Continuing Appropriation Act, 2017
(Public Law 114-254; 2 U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $114,598,000, of which $24,575,000 shall remain
available until September 30, 2026: Provided, That not more than
$10,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2022.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$64,544,000, of which $31,000,000 shall remain available until
September 30, 2026.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $62,389,733, of which
$637,639 shall remain available until September 30, 2024, and be used
to make bulk purchases of, store, and distribute in coordination with
partnering agencies personal protective equipment wherever needed,
subject to prior notification to the Senate Committee on Appropriations
and the House Committee on Appropriations, and $30,000,000 shall remain
available until September 30, 2026.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $24,463,500, of which $10,100,000 shall
remain available until September 30, 2026: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $25,569,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
availability of coins collected from fountains for maintenance
operations
Sec. 131. Section 504 of Public Law 110-437 (as codified at 2
U.S.C. 2273) is amended in subsection (c) by adding before the period
at the end of the first sentence the following: ``, and maintaining
fountains under the jurisdiction of the Architect of the Capitol''.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of
the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $550,620,874, and, in
addition, amounts credited to this appropriation during fiscal year
2022 under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150), shall remain available until expended: Provided, That the
Library of Congress may not obligate or expend any funds derived from
collections under the Act of June 28, 1902, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That of the total amount appropriated, not more than
$18,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses, including for the Overseas Field Offices: Provided further,
That of the total amount appropriated, $9,661,000 shall remain
available until expended for the Teaching with Primary Sources program:
Provided further, That of the total amount appropriated, $1,419,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of the
total amount appropriated, $250,000 shall remain available until
expended for the Surplus Books Program to promote the program and
facilitate a greater number of donations to eligible entities across
the United States: Provided further, That of the total amount
appropriated, $3,831,000 shall remain available until expended for the
Veterans History Project to continue digitization efforts of already
collected materials, reach a greater number of veterans to record their
stories, and promote public access to the Project: Provided further,
That of the total amount appropriated, $10,000,000 shall remain
available until expended for the Library's Visitor Experience project,
and may be obligated and expended only upon approval by the
Subcommittee on the Legislative Branch of the Committee on
Appropriations of the House of Representatives and by the Subcommittee
on the Legislative Branch of the Committee on Appropriations of the
Senate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $98,038,000, of
which not more than $38,004,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2022 under sections 708(d) and 1316 of title 17, United
States Code: Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than $6,969,000
shall be derived from collections during fiscal year 2022 under
sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$44,973,000: Provided further, That of the funds provided under this
heading, not less than $17,100,000 is for modernization initiatives, of
which $10,000,000 shall remain available until September 30, 2023:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International
Copyright Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $129,106,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That
a non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would
be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response
to Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $61,227,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and print disabled residents at
no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2022, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $292,430,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
gifts
Sec. 141. (a) Revising Authorities of Librarian to Accept Gifts.--
The first undesignated paragraph of section 4 of the Act entitled ``An
Act to create a Library of Congress Trust Fund Board, and for other
purposes'', approved March 3, 1925 (2 U.S.C. 160), is amended--
(1) in the first sentence--
(A) by striking ``and'' before ``(3) gifts or bequests of
money for immediate disbursement''; and
(B) by striking the period at the end and inserting the
following: ``; and (4) gifts or bequests of securities or other
personal property.'';
(2) in the second sentence, by inserting ``of money'' after
``bequests'';
(3) in the third sentence, by striking ``enter them'' and
inserting ``enter the gift, bequest, or proceeds''; and
(4) by inserting after the second sentence the following new
sentence: ``In the case of a gift of securities, the Librarian
shall sell the gift and provide the donor with such acknowledgment
as needed for the donor to substantiate the gift.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
library of congress orders under task and delivery order contracts
Sec. 142. (a) Contract Modifications.--An order issued under a task
order contract or a delivery order contract (as such terms are defined
in section 4101 of title 41, United States Code) entered into by the
Librarian of Congress may not increase the scope, period, or maximum
value of the contract under which the order is issued. The scope,
period, or maximum value of the contract may be increased only by
modification of the contract.
(b) Exceptions From Advertising Requirement.--Section 6102 of title
41, United States Code, is amended by adding at the end the following:
``(j) Librarian of Congress.--Section 6101 of this title does not
apply to a procurement made against an order placed under a task order
contract or a delivery order contract (as such terms are defined in
section 4101 of this title) entered into by the Librarian of
Congress.''.
(c) Protests.--
(1) Protest not authorized.--A protest to an order described in
subsection (a) filed pursuant to the procedures in subchapter V of
chapter 35 of title 31, United States Code, is not authorized
unless such protest--
(A) is an objection on the basis that the order is in
violation of subsection (a); or
(B) concerns an order valued in excess of $10,000,000.
(2) Jurisdiction over protests.--Notwithstanding section 3556
of title 31, United States Code, the Comptroller General shall have
exclusive jurisdiction of a protest authorized under paragraph
(1)(B).
(d) Effective Date.--This section and the amendment made by this
section shall apply with respect to fiscal year 2022 and each
succeeding fiscal year.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government
publications authorized by law to be distributed without charge to the
recipient, $78,872,161: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title 44,
United States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under
the heading ``Government Publishing Office Business Operations
Revolving Fund'' no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying out the
purposes of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That notwithstanding sections 901, 902, and 906 of
title 44, United States Code, this appropriation may be used to prepare
indexes to the Congressional Record on only a monthly and session
basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange
libraries as authorized by law, $34,020,000: Provided, That amounts of
not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets
and other related publications for the preceding two fiscal years to
depository and other designated libraries: Provided further, That
unobligated or unexpended balances of expired discretionary funds made
available under this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading ``Government
Publishing Office Business Operations Revolving Fund'' no later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated, to be
available for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $11,345,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with
travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the
Business Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the Business Operations Revolving Fund may provide
information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $719,230,113: Provided, That, in addition,
$38,900,000 of payments received under sections 782, 791, 3521, and
9105 of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional Office
for International Leadership under section 313 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151), as amended by section
140 of this Act, $6,000,000: Provided, That funds made available to
support Russian participants shall only be used for those engaging in
free market development, humanitarian activities, and civic engagement,
and shall not be used for officials of the central government of
Russia.
Administrative Provision
conversion of open world leadership center to congressional office for
international leadership
Sec. 150. (a) Conversion.--
(1) Establishment of office.--Section 313 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151) is amended--
(A) in the heading, by striking ``OPEN WORLD LEADERSHIP
CENTER'' and inserting ``CONGRESSIONAL OFFICE FOR INTERNATIONAL
LEADERSHIP'';
(B) by amending paragraph (1) of subsection (a) to read as
follows:
``(1) In general.--There is established in the legislative
branch of the Government an office to be known as the
`Congressional Office for International Leadership' (the
`Office').''; and
(C) in paragraph (2) of subsection (a), by striking ``The
Center'' and inserting ``The Office''.
(2) Purpose; grant program; application.--Section 313(b) of
such Act (2 U.S.C. 1151(b)) is amended--
(A) in paragraph (1), by striking ``the Center'' and
inserting ``the Office'';
(B) in paragraph (2), by striking ``the Center'' each place
it appears and inserting ``the Office'';
(C) in paragraph (3)(C)(iii), by striking ``the Center''
and inserting ``the Office'';
(D) in paragraph (4)(A), by striking ``the Center'' each
place it appears and inserting ``the Office''; and
(E) in paragraph (4)(B)(iv), by striking ``the Center'' and
inserting ``the Office''.
(3) Trust fund.--Section 313(c) of such Act (2 U.S.C. 1151(c))
is amended--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--There is established in the Treasury of the
United States a trust fund to be known as the `Congressional Office
for International Leadership Fund' (the `Fund'), which shall
consist of amounts which may be appropriated, credited, or
transferred to it under this section.''; and
(B) by striking ``the Center'' each place it appears in
paragraphs (2) and (3)(B) and inserting ``the Office''.
(4) Executive director.--Section 313(d) of such Act (2 U.S.C.
1151(d)) is amended by striking ``the Center'' each place it
appears and inserting ``the Office''.
(5) Administrative provisions.--Section 313(e) of such Act (2
U.S.C. 1151(e)) is amended by striking ``the Center'' each place it
appears and inserting ``the Office''.
(b) Participation of Emerging Civic Leaders of Eligible Foreign
States.--Section 313(b) of such Act (2 U.S.C. 1151(b)) is amended by
striking ``political leaders'' each place it appears in paragraphs (1)
and (2) and inserting ``political and civic leaders''.
(c) References in Law.--Any reference in any law, rule, or
regulation--
(1) to the Open World Leadership Center shall be deemed to
refer to the Congressional Office for International Leadership; and
(2) to the Open World Leadership Center Trust Fund shall be
deemed to refer to the Congressional Office for International
Leadership Fund.
(d) Effective Date; Transition.--
(1) Effective date.--This section and the amendments made by
this section shall take effect on or after the later of October 1,
2021, or the date of the enactment of this Act.
(2) Service of current executive director.--The individual
serving as the Executive Director of the Open World Leadership
Center as of the day before the date of the enactment of this Act
shall be deemed to have been appointed by the Librarian of Congress
to serve as the Executive Director of the Congressional Office for
International Leadership.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2022 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of legislative branch financial managers council
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. 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.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate,
unless through regulations as authorized by section 402(b)(8) of the
Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise made
available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation
for a high or moderate impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST to inform acquisition decisions
for high or moderate impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
Federal Bureau of Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation or
other appropriate Federal entity, conducted an assessment of any
risk of cyber-espionage or sabotage associated with the acquisition
of such telecommunications equipment for inclusion in a high or
moderate impact system, including any risk associated with such
system being produced, manufactured, or assembled by one or more
entities identified by the United States Government as posing a
cyber threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of China,
the Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high or moderate impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain risk
management experts, a mitigation strategy for any identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such
telecommunications equipment for inclusion in a high or moderate
impact system is in the vital national security interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate in a
manner that identifies the telecommunications equipment for
inclusion in a high or moderate impact system intended for
acquisition and a detailed description of the mitigation strategies
identified in paragraph (1), provided that such report may include
a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities or other official government
activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in
consultation with disability advocacy groups, to eliminate or reduce
plastic waste, including waste from plastic straws, explore the use of
biodegradable items, and increase recycling and composting
opportunities.
capitol complex health and safety
Sec. 211. In addition to the amounts appropriated under this Act
under the heading ``Office of the Attending Physician'', there is
hereby appropriated to the Office of the Attending Physician
$5,000,000, to remain available until expended, for response to COVID-
19, including testing, subject to the same terms and conditions as the
amounts appropriated under such heading.
annual rate of pay for personnel of certain legislative branch offices
Sec. 212. (a) Architect of the Capitol.--Section 1 of the Act
entitled ``An Act to fix the annual rates of pay for the Architect of
the Capitol and the Assistant Architect of the Capitol'' (2 U.S.C.
1802) is amended by striking ``the maximum rate'' and all that follows
and inserting ``the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title 5, United States
Code.''.
(b) Chief of the Capitol Police.--Subsection (c) of the first
section of the Act entitled ``An Act to establish by law the position
of Chief of the Capitol Police, and for other purposes'' (2 U.S.C.
1902) is amended by striking ``$1,000 less than'' and all that follows
and inserting ``the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title 5, United States
Code.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first applicable pay
period beginning on or after the date of enactment of this Act.
senate staff compensation
Sec. 213. (a) In General.--
(1) Change in maximum rates.--Section 105 of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575) is amended by
striking ``$173,900'' each place it appears and inserting ``the
annual rate of basic pay in effect for level II of the Executive
Schedule under section 5313 of title 5, United States Code''.
(2) Adjustments.--
(A) In general.--Section 4 of the Federal Pay Comparability
Act of 1970 (2 U.S.C. 4571) is amended--
(i) in subsection (a), in the matter following
paragraph (2), by striking ``and adjust'' and all that
follows through ``and Senators.'' and inserting ``, subject
to section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575(f)).'';
(ii) by striking subsection (d); and
(iii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(B) Other adjustments.--Section 315(a) of the Legislative
Branch Appropriations Act, 1991 (2 U.S.C. 4573(a)) is amended
by striking ``to the extent'' and all that follows through
``Senators.'' and inserting ``, subject to section 105(f) of
the Legislative Branch Appropriation Act, 1968 (2 U.S.C.
4575(f)).''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first applicable pay
period beginning on or after the date of enactment of this Act.
plaque to honor members of law enforcement who responded on january 6
Sec. 214. (a) Sense of Congress.--It is the sense of Congress that
the United States owes its deepest gratitude to those officers of the
United States Capitol Police and the Metropolitan Police Department of
the District of Columbia, as well as officers from other Federal,
State, and local law enforcement agencies and protective entities, who
valiantly protected the United States Capitol, Members of Congress, and
staff on January 6, 2021.
(b) Plaque.--Not later than 1 year after the date of the enactment
of this Act, the Architect of the Capitol shall obtain an honorific
plaque listing the names of all of the officers of the United States
Capitol Police, the Metropolitan Police Department of the District of
Columbia, and other Federal, State, and local law enforcement agencies
and protective entities who responded to the violence that occurred at
the United States Capitol on January 6, 2021, and shall place the
plaque at a permanent location on the western front of the United
States Capitol.
(c) Compilation and Confirmation of List of Names.--
(1) List of names for plaque.--The Chairs and Ranking Members
of the Committee on House Administration of the House of
Representatives, the Committee on Rules and Administration of the
Senate, and the Subcommittees on the Legislative Branch of the
Committees on Appropriations of the House of Representatives and
Senate shall jointly compile and confirm a list of the officers of
the United States Capitol Police, the Metropolitan Police
Department of the District of Columbia, and other Federal, State,
and local law enforcement agencies and protective entities whose
names should be included on the plaque under this section.
(2) Inclusion of names of specific officers.--In compiling the
list under paragraph (1), the Chairs and Ranking Members of the
Committees and Subcommittees described in such paragraph shall
include the names of the specific individuals described in
paragraph (2) of section 215(c) of H. R. 4346, One Hundred
Seventeenth Congress, as passed by the House of Representatives on
July 28, 2021.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2022''.
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,051,772,000, to remain
available until September 30, 2026: Provided, That, of this amount,
not to exceed $190,619,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $182,080,000 shall be for the
projects and activities, and in the amounts, specified under the
heading ``Military Construction, Army'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such
purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,644,277,000, to remain available until September 30,
2026: Provided, That, of this amount, not to exceed $453,652,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$476,145,000 shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Navy and
Marine Corps'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), in addition
to amounts otherwise available for such purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $2,204,750,000, to remain available until September 30, 2026:
Provided, That, of this amount, not to exceed $287,175,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$291,060,000 shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Air
Force'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), in addition to
amounts otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,206,051,000, to remain available until September 30, 2026:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further,
That, of the amount, not to exceed $347,727,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $91,655,000 shall be for the
projects and activities, and in the amounts, specified under the
heading ``Military Construction, Defense-Wide'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $337,893,000, to remain available until September
30, 2026: Provided, That, of the amount, not to exceed $57,725,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the
Army National Guard determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $49,790,000 shall be for the projects and
activities, and in the amounts, specified under the heading ``Military
Construction, Army National Guard'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such
purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $305,050,000, to remain available until September
30, 2026: Provided, That, of the amount, not to exceed $23,682,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under this heading,
$104,280,000 shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Air
National Guard'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), in
addition to amounts otherwise available for such purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $94,111,000, to
remain available until September 30, 2026: Provided, That, of the
amount, not to exceed $7,167,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That of the amount made
available under this heading, $29,200,000 shall be for the projects and
activities, and in the amounts, specified under the heading ``Military
Construction, Army Reserve'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $71,804,000, to remain available until September
30, 2026: Provided, That, of the amount, not to exceed $6,005,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the
Navy determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $120,074,000, to
remain available until September 30, 2026: Provided, That, of the
amount, not to exceed $5,830,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $41,700,000 shall be for the
projects and activities, and in the amounts, specified under the
heading ``Military Construction, Air Force Reserve'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $215,853,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $529,639,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $99,849,000, to remain available
until September 30, 2026.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $391,227,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $77,616,000, to remain
available until September 30, 2026.
Family Housing Operation and Maintenance, Navy And Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $357,341,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $115,716,000, to remain available
until September 30, 2026.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $325,445,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $49,785,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$6,081,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $494,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2026:
``Military Construction, Army'', $636,100,000;
``Military Construction, Navy and Marine Corps'',
$1,281,980,000;
``Military Construction, Air Force'', $237,450,000;
``Military Construction, Defense-Wide'', $93,000,000;
``Military Construction, Army National Guard'', $71,000,000;
``Military Construction, Air National Guard'', $86,620,000;
``Military Construction, Army Reserve'', $29,200,000;
``Military Construction, Air Force Reserve'', $44,000,000; and
``Family Housing Construction, Army'', $88,064,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the respective
military department's unfunded priority list for fiscal year 2022
submitted to Congress: Provided further, That such projects are
subject to authorization prior to obligation and expenditure of funds
to carry out construction: Provided further, That not later than 30
days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 125. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2022 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
Sec. 126. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from prior
appropriations Acts may be obligated before October 1, 2023 for fiscal
year 2017 military construction projects for which project
authorization has not lapsed or for which authorization is extended for
fiscal year 2022 by a National Defense Authorization Act: Provided,
That no amounts may be obligated pursuant to this section from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
(rescission of funds)
Sec. 127. Of the unobligated balances available to the Department
of Defense from prior appropriations Acts under the heading ``Military
Construction, Defense-Wide'', $131,000,000 is hereby rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 128. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 129. For an additional amount for the accounts and in the
amounts specified for planning and design, unspecified minor
construction, and authorized major construction projects, for
construction improvements to Department of Defense laboratory
facilities, to remain available until September 30, 2026:
``Military Construction, Army'', $85,000,000;
``Military Construction, Navy and Marine Corps'', $15,000,000;
and
``Military Construction, Air Force'', $25,000,000:
Provided, That not later than 30 days after enactment of this Act,
the Secretary of the military department concerned, or his or her
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 130. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $275,000,000, to remain available until
September 30, 2026, for Shipyard Infrastructure Optimization Plan
unspecified worldwide construction: Provided, That such funds may only
be obligated to carry out construction projects identified in the
Department of the Navy's unfunded priority list for fiscal year 2022
submitted to Congress or for planning and design necessary to support
the Shipyard Infrastructure Optimization Plan: Provided further, That
not later than 60 days after enactment of this Act, the Secretary of
the Navy, or his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 131. For an additional amount for ``Military Construction,
Defense-Wide'', $153,000,000, to remain available until September 30,
2026: Provided, That such funds may only be obligated to carry out
construction projects specified in a National Defense Authorization Act
for fiscal year 2022 in the funding table in section 4601 of that Act:
Provided further, That not later than 30 days after enactment of this
Act, the Secretary of Defense, or his or her designee, shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 132. For an additional amount for the accounts and in the
amounts specified for planning and design and unspecified minor
construction, for improving military installation resilience, to remain
available until September 30, 2026:
``Military Construction, Army'', $25,000,000;
``Military Construction, Navy and Marine Corps'', $40,000,000;
``Military Construction, Air Force'', $40,000,000; and
``Military Construction, Defense-Wide'', $15,000,000:
Provided, That not later than 60 days after enactment of this Act,
the Secretary of the military department concerned, or his or her
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 133. For an additional amount for the accounts and in the
amounts specified for planning and design, for child development
centers, to remain available until September 30, 2026:
``Military Construction, Army'', $11,000,000;
``Military Construction, Navy and Marine Corps'', $11,000,000;
and
``Military Construction, Air Force'', $11,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or his or
her designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 134. For an additional amount for the accounts and in the
amounts specified for expenses incurred as a result of natural
disasters, to remain available until September 30, 2026:
``Military Construction, Navy and Marine Corps'', $20,000,000;
and
``Military Construction, Air Force'', $130,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or his or
her designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 135. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2024:
``Military Construction, Army National Guard'', $86,536,000;
and
``Military Construction, Air National Guard'', $35,371,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's cost to complete projects list of previously appropriated
projects submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and expenditure of
funds to carry out construction: Provided further, That not later than
30 days after the date of enactment of this Act, the Secretary of the
military department concerned, or his or her designee, shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 136. The Secretary concerned may waive the percentage or
dollar cost limitations applicable to a military construction project
or a military family housing project with a total authorized cost less
than $500,000,000 pursuant to subsection (c) of section 2853 of title
10, United States Code, with notice to the congressional defense
committees, even if that waiver would increase the project cost by more
than 50 percent of the total authorized cost of the project: Provided,
That such authority to waive cost limitations may only be used by the
Secretary concerned with respect to a military construction or military
family housing project with a total authorized cost greater than
$500,000,000 with notice to the congressional defense committees, if
that waiver would not increase the project cost by more than 50 percent
of the total authorized cost of the project: Provided further, That
the authority provided by this section shall remain available until
enactment of a National Defense Authorization Act for Fiscal Year 2023.
Sec. 137. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $50,000,000, to remain available until
September 30, 2026, for planning and design of water treatment and
distribution facilities construction: Provided, That not later than 30
days after the date of enactment of this Act, the Secretary of the
Navy, or his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section: Provided further, That the Secretary of
the Navy may not obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 138. For an additional amount for the accounts and in the
amounts specified to address cost increases identified subsequent to
the fiscal year 2022 budget request for authorized major construction
projects included in that request, to remain available until September
30, 2026:
``Military Construction, Army'', $4,000,000;
``Military Construction, Navy and Marine Corps'', $11,000,000;
``Military Construction, Air Force'', $25,000,000;
``Military Construction, Defense-Wide'', $30,000,000;
``Military Construction, Air National Guard'', $11,800,000;
``Military Construction, Army Reserve'', $5,800,000;
``Military Construction, Air Force Reserve'', $4,400,000; and
``Family Housing Construction, Navy and Marine Corps'',
$13,000,000:
Provided, That not later than 30 days after the date of enactment of
this Act, the Secretary of the military department concerned, or his or
her designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 139. For an additional amount for the accounts and in the
amounts specified to address cost increases for authorized major
construction projects funded by this Act, to remain available until
September 30, 2026:
``Military Construction, Army'', $20,800,000;
``Military Construction, Navy and Marine Corps'', $18,926,000;
``Military Construction, Air Force'', $46,574,000;
``Military Construction, Defense-Wide'', $11,410,000;
``Military Construction, Army National Guard'', $9,961,000;
``Military Construction, Air National Guard'', $9,180,000;
``Military Construction, Army Reserve'', $7,000,000; and
``Military Construction, Air Force Reserve'', $2,000,000:
Provided, That not later than 30 days after the date of enactment of
this Act, the Secretary of the military department concerned, or his or
her designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 140. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$8,955,364,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2021, to remain available until expended; and, in addition,
$152,016,542,000, which shall become available on October 1, 2022, to
remain available until expended: Provided, That not to exceed
$20,115,000 of the amount made available for fiscal year 2023 under
this heading shall be reimbursed to ``General Operating Expenses,
Veterans Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the provisions of
chapters 51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the ``Compensation and
Pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to pensioners as
authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$8,906,851,000, which shall become available on October 1, 2022, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $109,865,000, which shall become
available on October 1, 2022, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2022, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $229,500,000.
vocational rehabilitation loans program account
For the cost of direct loans, $2,838, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$1,662,758.
In addition, for administrative expenses necessary to carry out the
direct loan program, $429,467, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $3,453,813,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 10 percent shall
remain available until September 30, 2023.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$70,323,116,000, plus reimbursements, shall become available on October
1, 2022, and shall remain available until September 30, 2023:
Provided, That, of the amount made available on October 1, 2022, under
this heading, $1,500,000,000 shall remain available until September 30,
2024: Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous
proviso shall incur no additional cost to the Department of Veterans
Affairs: Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this heading
for medical supplies and equipment are available for the acquisition of
prosthetics designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $3,269,000,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2021; and, in addition, $24,156,659,000, plus
reimbursements, shall become available on October 1, 2022, and shall
remain available until September 30, 2023: Provided, That, of the
amount made available on October 1, 2022, under this heading,
$2,000,000,000 shall remain available until September 30, 2024.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$9,673,409,000, plus reimbursements, shall become available on October
1, 2022, and shall remain available until September 30, 2023:
Provided, That, of the amount made available on October 1, 2022, under
this heading, $200,000,000 shall remain available until September 30,
2024.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $7,133,816,000, plus
reimbursements, shall become available on October 1, 2022, and shall
remain available until September 30, 2023: Provided, That, of the
amount made available on October 1, 2022, under this heading,
$350,000,000 shall remain available until September 30, 2024.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $882,000,000, plus reimbursements, shall
remain available until September 30, 2023: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for prosthetic research
specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $394,000,000, of which not to exceed 10
percent shall remain available until September 30, 2023.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $401,200,000, of which not to exceed 10
percent shall remain available until September 30, 2023: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$228,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2023.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,842,800,000, plus reimbursements: Provided, That $1,414,215,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2023: Provided further,
That $3,131,585,000 shall be for operations and maintenance, of which
not to exceed 5 percent shall remain available until September 30,
2023: Provided further, That $297,000,000 shall be for information
technology systems development, and shall remain available until
September 30, 2023: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and information
technology systems development may be transferred among the three
subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued: Provided further, That
amounts made available for the ``Information Technology Systems''
account for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be increased
or decreased by more than $3,000,000 of cost prior to submitting a
request to the Committees on Appropriations of both Houses of Congress
to make the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That the funds made
available under this heading for information technology systems
development shall be for the projects, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $2,500,000,000, to remain available until
September 30, 2024: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility, including any changes from the
deployment plan or schedule: Provided further, That the funds provided
in this account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided further, That
25 percent of the funds made available under this heading shall not be
available until July 1, 2022, and are contingent upon the Secretary of
Veterans Affairs providing a plan with benchmarks and measurable
metrics for deployment, and a plan for addressing all required
infrastructure upgrades, no later than 30 days prior to that date to
the Committees on Appropriations.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $239,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2023.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,611,000,000, of which
$911,000,000 shall remain available until September 30, 2026, and of
which $700,000,000 shall remain available until expended, of which
$100,000,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and planning, cost estimating,
and design for major medical facility projects and major medical
facility leases and investment strategy studies funded through the
advance planning fund and the planning and design activities funded
through the design fund, staffing expenses, and funds provided for the
purchase, security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the
funds made available under this heading shall be used for any project
that has not been notified to Congress through the budgetary process or
that has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment of
salaries and expenses of all Office of Construction and Facilities
Management employees to support the full range of capital
infrastructure services provided, including minor construction and
leasing services: Provided further, That funds made available under
this heading for fiscal year 2022, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2022; and (2) by the awarding of a construction contract
by September 30, 2023: Provided further, That the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above: Provided
further, That notwithstanding the requirements of section 8104(a) of
title 38, United States Code, amounts made available under this heading
for seismic improvement projects and seismic program management
activities shall be available for the completion of both new and
existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$553,000,000, of which $497,700,000 shall remain available until
September 30, 2026, and of which $55,300,000 shall remain available
until expended, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $50,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $48,500,000, to remain
available until expended.
asset and infrastructure review
For carrying out the VA Asset and Infrastructure Review Act of
2018 (subtitle A of title II of Public Law 115-182), $5,000,000, to
remain available until September 30, 2023.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2022 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2022, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2021.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2022, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2022 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2022 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services shall be
available until expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, Diversity and Inclusion, the Office of
Employment Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human Resources and
Administration for all services provided at rates which will recover
actual costs but not to exceed $78,417,225 for the Office of Resolution
Management, Diversity and Inclusion, $6,609,000 for the Office of
Employment Discrimination Complaint Adjudication, and $3,822,000 for
the Alternative Dispute Resolution function within the Office of Human
Resources and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to the
``General Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other expenses
incidental to funerals and burials for beneficiaries receiving care
in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2022 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2022 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $379,009,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division J
of Public Law 116-260 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2022, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $323,242,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2022 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2022, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2022, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline immediate
assistance from a trained professional; and
(2) adheres to all requirements of the American Association of
Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such term
in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the hotline specified in subsection (a) during the
5-year period beginning on January 1, 2016, based on an analysis of
national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the hotline
specified in subsection (a) and who receive follow up services from
the hotline or mental health services from the Department of
Veterans Affairs thereafter;
(B) determine the number of veterans who contact the hotline
who are not referred to, or do not continue receiving, mental
health care who commit suicide; and
(C) determine the number of veterans described in subparagraph
(A) who commit or attempt suicide.
Sec. 233. Effective during the period beginning on October 1,
2018, and ending on January 1, 2024, none of the funds made available
to the Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans Health
Administration Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer Guidance''
published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and Disease
Prevention.
Sec. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given such
term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such term
is defined in section 101 of title 38, United States Code, who has
a service-connected disability that results in the inability of the
veteran to procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a member
of the Armed Forces who incurs a serious injury or illness on
active duty pursuant to section 1074(c)(4)(A) of title 10, United
States Code, as described in the memorandum on the subject of
``Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured (Category II or III) Active Duty
Service Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such policy, including any limitations on the amount of
such benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means reimbursement for
the adoption-related expenses for an adoption that is finalized
after the date of the enactment of this Act under the same terms as
apply under the adoption reimbursement program of the Department of
Defense, as authorized in Department of Defense Instruction
1341.09, including the reimbursement limits and requirements set
forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 237. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of Public Law 116-94.
Sec. 238. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2022 and 2023 for ``Medical Services'', section
239 of division A of Public Law 114-223 shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2022 and fiscal year 2023 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2022 and 2023, section 258 of division A of
Public Law 114-223 shall apply.
Sec. 243. (a) None of the funds appropriated or otherwise made
available by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency over which that
Inspector General has responsibilities under the Inspector General Act
of 1978 (5 U.S.C. App.), or to prevent or impede the access of the
Inspector General to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives within 5 calendar days
of any failure by any department or agency covered by this section to
comply with this requirement.
Sec. 244. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2022 to convert any program which received specific
purpose funds in fiscal year 2021 to a general purpose funded program
unless the Secretary of Veterans Affairs submits written notification
of any such proposal to the Committees on Appropriations of both Houses
of Congress at least 30 days prior to any such action and an approval
is issued by the Committees.
Sec. 246. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2022 and 2023, section 248 of division A of
Public Law 114-223 shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise made
available by this Act may be used to conduct research commencing on or
after October 1, 2019, that uses any canine, feline, or non-human
primate unless the Secretary of Veterans Affairs approves such research
specifically and in writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of
research commencing on or after October 1, 2019, using canines,
felines, or non-human primates if the Secretary determines that--
(A) the scientific objectives of the research can only be met
by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department of
Veterans Affairs canine research policy document dated December 15,
2017, including any subsequent revisions to such document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement of such
research, the Secretary shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
describing--
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be met
using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety, and
efficacy of the research.
(d) Not later than 180 days after the date of the enactment of this
Act, and biannually thereafter, the Secretary shall submit to such
Committees a report describing--
(1) any research being conducted by the Department of Veterans
Affairs using canines, felines, or non-human primates as of the
date of the submittal of the report;
(2) the circumstances under which such research was conducted
using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety, and
efficacy of such research.
(e) The Department shall implement a plan under which the Secretary
will eliminate or reduce the research conducted using canines, felines,
or non-human primates by not later than 5 years after the date of
enactment of Public Law 116-94.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each such
program; and
(2) recommendations for such action as the Secretary considers
necessary to reduce the veteran-to-staff ratio for each such
program.
Sec. 249. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2022 and 2023 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 250. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state
homes (as authorized by section 1741 of title 38, United States Code)
shall remain in the ``Medical Community Care'' account for such fiscal
years.
Sec. 251. Of the amounts made available for the Department of
Veterans Affairs for fiscal year 2022, in this or any other Act, under
the ``Veterans Health Administration--Medical Services'', ``Veterans
Health Administration--Medical Community Care'', ``Veterans Health
Administration--Medical Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts, $840,446,000 shall be
made available for gender-specific care and programmatic efforts to
deliver care for women veterans.
(including transfer of funds)
Sec. 252. Amounts made available for the Department of Veterans
Affairs for ``Medical Facilities'' and ``General Administration'' in
this Act or prior Acts that remain available for obligation in fiscal
year 2022 may be transferred as necessary to the ``Asset and
Infrastructure Review'' account for the purposes of carrying out the VA
Asset and Infrastructure Review Act of 2018 (subtitle A of title II of
Public Law 115-182): Provided, That the total amounts transferred may
not increase the account by more than $2,000,000: Provided further,
That in advance of any such transfer, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(rescission of funds)
Sec. 253. (a) Of the unobligated balances in the ``Recurring
Expenses Transformational Fund'' established in section 243 of division
J of Public Law 114-113, $820,000,000 is hereby rescinded immediately
upon enactment of this Act.
(b) For an additional amount for the accounts and in the amounts
specified, to remain available until expended, in addition to such
other funds as may be available for such purposes, as follows:
(1) ``Departmental Administration--Information Technology
Systems'', $670,000,000, for information technology systems
improvements and sustainment; and
(2) ``Veterans Health Administration--Medical Facilities'',
$150,000,000, for facilities infrastructure improvements, including
non-recurring maintenance, at existing hospitals and clinics of the
Veterans Health Administration:
Provided, That prior to obligation of any of the funds provided in
this subsection, the Secretary of Veterans Affairs must provide a plan
for the execution of the funds appropriated in this subsection to the
Committees on Appropriations of both Houses of Congress and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
Sec. 254. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the status of the ``Veterans Medical Care and Health Fund'',
established to execute section 8002 of the American Rescue Plan Act of
2021 (Public Law 117-2): Provided, That, at a minimum, the report
shall include an update on obligations by program, project or activity
and a plan for expending the remaining funds: Provided further, That
the Secretary of Veterans Affairs must submit notification of any plans
to reallocate funds from the current apportionment categories of
``Medical Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Medical Community Care'', or ``Medical and Prosthetic
Research'', including the amount and purpose of each reallocation to
the Committees on Appropriations of both Houses of Congress and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
(rescissions of funds)
Sec. 255. Of the unobligated balances available to the Department
of Veterans Affairs from prior appropriations Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
``Veterans Health Administration--Medical Services'',
$200,000,000;
``Veterans Health Administration--Medical Community Care'',
$200,000,000; and
``Departmental Administration--Veterans Electronic Health
Record'', $200,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(rescission of funds)
Sec. 256. Immediately upon enactment of this Act, of the
unobligated balances of funds made available by section 8003 of the
American Rescue Plan Act of 2021 (Public Law 117-2) to the Department
of Veterans Affairs for the supply chain modernization initiative,
$76,105,000 is hereby rescinded.
Sec. 257. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of title
38, United States Code, between October 1, 2016 and September 30, 2017
for purposes of carrying out an order placed with the Department of
Veterans Affairs pursuant to section 1535 of title 31, United States
Code, that are available for obligation pursuant to section 7364(b)(1)
of title 38, United States Code, are to remain available for the
liquidation of valid obligations incurred by such corporation during
the period of performance of such order, provided that the Secretary of
Veterans Affairs determines that such amounts need to remain available
for such liquidation.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $87,500,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be necessary, to
remain available until expended, for purposes authorized by section
2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections 7251
through 7298 of title 38, United States Code, $41,700,000: Provided,
That $3,385,104 shall be available for the purpose of providing
financial assistance as described and in accordance with the process
and reporting procedures set forth under this heading in Public Law
102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $87,000,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2024. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $141,000,000, to remain available until expended, for
planning and design and construction associated with the Southern
Expansion project at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $77,000,000, to remain available until
September 30, 2023, of which $9,000,000 shall remain available until
expended for construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of Columbia, and the
Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of
the amounts made available under this heading from funds available in
the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 7727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 405. 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 or any other appropriations Act.
Sec. 406. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 407. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 408. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 411. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2022''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,178,789,000, of which
$808,589,000 may remain available until September 30, 2023, and of
which up to $3,788,199,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of persons
on a temporary basis (not to exceed $700,000), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948 (62 Stat. 11; Chapter 36), $3,216,871,000, of
which up to $661,240,000 is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the regional
bureaus of the Department of State and overseas activities as
authorized by law, $1,791,425,000.
(3) Diplomatic policy and support.--For necessary expenses for
the functional bureaus of the Department of State, including
representation to certain international organizations in which the
United States participates pursuant to treaties ratified pursuant
to the advice and consent of the Senate or specific Acts of
Congress, general administration, and arms control,
nonproliferation, and disarmament activities as authorized,
$994,768,000.
(4) Security programs.--For necessary expenses for security
activities, $3,175,725,000, of which up to $3,126,959,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading for
Worldwide Security Protection, not to exceed $50,000,000 may be
transferred to, and merged with, funds made available by this
Act under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized: Provided, That the
exercise of the authority provided by this subparagraph shall
be subject to prior consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading shall be made
available for the following purposes and as specified under
this heading in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act)
to--
(i) support the activities of an Ambassador-at-Large
for the Arctic Region; and
(ii) implement an Arctic Indigenous Exchange Program.
(E) Of the amount made available under this heading, up to
$100,000,000 may be transferred to, and merged with, funds made
available in title I of this Act under the heading ``Capital
Investment Fund'': Provided, That the exercise of the
authority provided by this subparagraph shall be subject to
prior consultation with the Committees on Appropriations.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $300,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$91,458,000, of which $13,718,000 may remain available until September
30, 2023: Provided, That funds appropriated under this heading are
made available notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $40,000,000, to
remain available until September 30, 2023: Provided, That funds
appropriated under this heading that are made available for the
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $753,000,000, to remain available until
expended, of which not less than $275,000,000 shall be for the
Fulbright Program and not less than $113,860,000 shall be for Citizen
Exchange Program: Provided, That fees or other payments received from,
or in connection with, English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S.
McCain Scholars Program, pursuant to section 7075 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further, That funds
appropriated under this heading shall be made available for the
Community Engagement Exchange Program as described under the heading
``Civil Society Exchange Program'' in Senate Report 116-126: Provided
further, That any substantive modifications from the prior fiscal year
to programs funded by this Act under this heading shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2023.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $850,722,000, to remain
available until September 30, 2026, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,132,427,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$4,937,742.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $32,583,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,662,928,000, of
which $96,240,000 may remain available until September 30, 2023:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the United
States and the respective international organization and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,498,614,000, of
which $749,307,000 may remain available until September 30, 2023:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the cost of
the new or expanded mission, and the estimated cost in future fiscal
years: Provided further, That none of the funds appropriated under
this heading may be made available for obligation unless the Secretary
of State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United
Nations employees, contractor personnel, and peacekeeping troops
serving in such mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of sexual exploitation and abuse or
other violations of human rights, and to hold accountable individuals
who engage in such acts while participating in such mission, including
prosecution in their home countries and making information about such
prosecutions publicly available on the website of the United Nations:
Provided further, That the Secretary of State shall work with the
United Nations and foreign governments contributing peacekeeping troops
to implement effective vetting procedures to ensure that such troops
have not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will
involve United States Armed Forces under the command or operational
control of a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
any payment of arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $51,970,000,
of which $7,796,000 may remain available until September 30, 2023.
construction
For detailed plan preparation and construction of authorized
projects, $51,030,000, to remain available until expended, as
authorized: Provided, That of the funds appropriated under this
heading in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for the
United States Section, except for funds designated by the Congress as
an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of
1985, up to $5,000,000 may be transferred to, and merged with, funds
appropriated under the heading ``Salaries and Expenses'' to carry out
the purposes of the United States Section, which shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such transfer
authority is in addition to any other transfer authority provided in
this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for technical
assistance grants and the Community Assistance Program of the North
American Development Bank, $15,008,000: Provided, That of the amount
provided under this heading for the International Joint Commission, up
to $1,250,000 may remain available until September 30, 2023, and up to
$9,000 may be made available for representation expenses: Provided
further, That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $62,846,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $850,300,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $47,708,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $27,000,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That funds appropriated under this
heading shall be allocated in accordance with the table included under
this heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That notwithstanding the previous proviso, funds may be
reprogrammed within and between amounts designated in such table,
subject to the regular notification procedures of the Committees on
Appropriations, except that no such reprogramming may reduce a
designated amount by more than 5 percent: Provided further, That funds
appropriated under this heading shall be made available in accordance
with the principles and standards set forth in section 303(a) and (b)
of the United States International Broadcasting Act of 1994 (22 U.S.C.
6202) and section 305(b) of such Act (22 U.S.C. 6204): Provided
further, That the USAGM Chief Executive Officer shall notify the
Committees on Appropriations within 15 days of any determination by the
USAGM that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in section 303(a) and (b) of such
Act or the entity's journalistic code of ethics: Provided further,
That in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes:
Provided further, That significant modifications to USAGM broadcast
hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet,
and television), for all USAGM language services shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That up to $5,000,000 from the USAGM
Buying Power Maintenance account may be transferred to, and merged
with, funds appropriated by this Act under the heading ``International
Broadcasting Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition to any
transfer authority otherwise available under any other provision of law
and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $21,500,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $54,000,000, to remain available until September 30, 2023,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2022, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2022, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2022, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$19,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $315,000,000, to remain available until
expended, of which $195,840,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$104,160,000 shall be for democracy programs: Provided, That the
requirements of section 7062(a) of this Act shall not apply to funds
made available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2022: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$4,500,000, to remain available until September 30, 2023, including not
more than $4,000 for representation expenses: Provided, That of the
funds appropriated under this heading, $1,000,000 shall be subject to
prior consultation with the Committees on Appropriations: Provided
further, That the United States Commission on International Religious
Freedom shall, on a regular basis, monitor, report on, and advocate
against laws and policies of, foreign governments that permit or
condone discrimination against, or violations of human rights of,
minority groups and other vulnerable communities on the basis of
religion.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,908,000, including not more than $5,000 for
representation expenses, to remain available until September 30, 2023.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2023.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2023:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2022 and shall apply to
funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,635,947,000, of which up to
$245,392,000 may remain available until September 30, 2023: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $258,200,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $80,000,000, of which up to
$12,000,000 may remain available until September 30, 2023, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $3,880,000,000, to remain available until September 30, 2023,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive health:
Provided further, That funds appropriated under this paragraph may be
made available for United States contributions to The GAVI Alliance and
to a multilateral vaccine development partnership to support epidemic
preparedness: Provided further, That none of the funds made available
in this Act nor any unobligated balances from prior appropriations Acts
may be made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any determination
made under the previous proviso must be made not later than 6 months
after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,950,000,000, to remain
available until September 30, 2026, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the
amount of such contribution shall be $1,560,000,000: Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2022 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $4,140,494,000, to remain
available until September 30, 2023: Provided, That funds made
available under this heading shall be apportioned to the United States
Agency for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $3,905,460,000,
to remain available until expended: Provided, That funds made
available under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days after
enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $80,000,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the USAID Administrator shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new, or terminating a, program of assistance: Provided further, That
if the Secretary of State determines that it is important to the
national interest of the United States to provide transition assistance
in excess of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961 may be used
for purposes of this heading and under the authorities applicable to
funds appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division J of
Public Law 116-94), $60,000,000, to remain available until expended:
Provided, That funds appropriated under this heading may be made
available notwithstanding any other provision of law, except sections
7007, 7008, and 7018 of this Act and section 620M of the Foreign
Assistance Act of 1961: Provided further, That funds appropriated
under this heading shall be apportioned to the United States Agency for
International Development.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $4,099,000,000, to
remain available until September 30, 2023.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $215,450,000, to remain available
until September 30, 2023, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the initial obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $125,250,000, to remain
available until September 30, 2023, which shall be made available for
the Bureau for Development, Democracy, and Innovation, United States
Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $500,000,000, to remain available until September
30, 2023, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22
U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance: Provided further, That funds appropriated under
this heading may be made available for contributions to multilateral
initiatives to counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $2,912,188,000, to remain
available until expended, of which $5,000,000 shall be made available
for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000, to remain available until expended: Provided, That
amounts in excess of the limitation contained in paragraph (2) of such
section shall be transferred to, and merged with, funds made available
by this Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,500,000, of which $6,330,000 is
for the Office of Inspector General, to remain available until
September 30, 2023: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That in addition to the requirements under section 7015(a) of this Act,
the Peace Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic or overseas
office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$912,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $115,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation: Provided further, That section 605(e) of the MCA (22
U.S.C. 7704(e)) shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be
made available for a Millennium Challenge Compact entered into pursuant
to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That of the
funds appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $42,000,000, to remain available
until September 30, 2023: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$40,000,000, to remain available until September 30, 2023, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $38,000,000, to remain available
until expended, of which not more than $9,500,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' there is appropriated $52,000,000, to remain
available until September 30, 2023, for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of modifying loans
and loan guarantees for, or credits extended to, such countries as the
President may determine, including the costs of selling, reducing, or
canceling amounts owed to the United States pursuant to the ``Common
Framework for Debt Treatments beyond the Debt Service Suspension
Initiative (DSSI)'', and for reducing interest rates paid by any
country eligible for the DSSI: Provided, That such amounts may be used
notwithstanding any other provision of law.
tropical forest and coral reef conservation
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the costs of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until
September 30, 2025.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,004,000, to remain available until
September 30, 2023: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That of the funds
appropriated under this heading, not less than $9,000,000 shall be made
available, on a competitive basis, for rule of law programs for
transitional and post-conflict states, and for activities to coordinate
rule of law programs among foreign governments, international and
nongovernmental organizations, and other United States Government
agencies: Provided further, That funds made available under this
heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to section
632(b) of the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading for Program Development and Support may be
made available notwithstanding pre-obligation requirements contained in
this Act, except for the notification requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $900,000,000, to remain
available until September 30, 2023, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the Independent States of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to
the regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $455,000,000, of which
$227,500,000 may remain available until September 30, 2023: Provided,
That funds appropriated under this heading may be used, notwithstanding
section 660 of the Foreign Assistance Act of 1961, to provide
assistance to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That of the funds appropriated under this heading,
not less than $24,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission in the
Sinai: Provided further, That funds appropriated under this heading
may be made available to pay assessed expenses of international
peacekeeping activities in Somalia under the same terms and conditions,
as applicable, as funds appropriated by this Act under the heading
``Contributions for International Peacekeeping Activities'': Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $112,925,000, of which up to
$56,463,000 may remain available until September 30, 2023: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, $3,000,000 shall remain available
until expended to increase the participation of women in programs and
activities funded under this heading, following consultation with, and
the regular notification procedures of, the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $50,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,040,424,000: Provided, That to expedite the provision
of assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of
such Committees, may use the funds appropriated under this heading to
procure defense articles and services to enhance the capacity of
foreign security forces: Provided further, That funds appropriated or
otherwise made available under this heading shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $70,000,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$1,186,853,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal year 2022
pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $423,000,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That not later than 60 days after enactment of this Act, such funds
shall be made available for core contributions for each entity listed
in the table under this heading in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act) unless otherwise provided for in this Act, or if the Secretary of
State has justified to the Committees on Appropriations the proposed
uses of funds other than for core contributions following prior
consultation with, and subject to the regular notification procedures
of, such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $149,288,000, to remain available until
expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $125,000,000, to
remain available until expended: Provided, That up to $125,000,000 of
such amount shall be available to cover costs, as defined in section
502 of the Congressional Budget Act of 1974, of direct loans issued to
the Clean Technology Fund: Provided further, That such funds are
available to subsidize gross obligations for the principal amount of
direct loans without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,001,400,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $53,323,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,648,752, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of increases in capital stock in an
amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $211,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $43,000,000, to remain available
until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $5,000,000, to remain available until
expended.
contributions to the international monetary fund facilities and trust
funds
For contribution by the Secretary of the Treasury to the Poverty
Reduction and Growth Trust or other special purpose vehicle of the
International Monetary Fund, $102,000,000, to remain available until
December 31, 2031.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $6,500,000, of which up to $975,000 may remain available
until September 30, 2023.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $114,000,000, of which up to $17,100,000 may remain available
until September 30, 2023: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect
until September 30, 2022: Provided further, That the Bank shall charge
fees for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $5,000,000, to remain available until
September 30, 2025: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such funds
shall remain available until September 30, 2037, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2022, 2023, 2024, and 2025.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $2,800,000, to remain available until September 30, 2023.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254) and for administrative expenses to carry out authorized activities
and project-specific transaction costs described in section 1434(d) of
such Act, $698,000,000: Provided further, That of the amount
provided--
(1) $198,000,000 shall remain available until September 30,
2024, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section 1434(k)
of such Act, of which $1,000,000 shall remain available until
September 30, 2026;
(2) $500,000,000 shall remain available until September 30,
2024, for the activities described in subsections (b), (c), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018, except such
amounts obligated in a fiscal year for activities described in
section 1421(c) of such Act shall remain available for disbursement
for the term of the underlying project: Provided further, That if
the term of the project extends longer than 10 fiscal years, the
Chief Executive Officer of the Corporation shall inform the
appropriate congressional committees prior to the obligation or
disbursement of funds, as applicable: Provided further, That
amounts made available under this paragraph may be paid to the
``United States International Development Finance Corporation--
Program Account'' for programs authorized by subsections (b), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided
further, That in fiscal year 2022 collections of amounts described in
section 1434(h) of the BUILD Act of 2018 shall be credited as
offsetting collections to this appropriation: Provided further, That
such collections collected in fiscal year 2022 in excess of
$698,000,000 shall be credited to this account and shall be available
in future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That in fiscal year 2022, if
such collections are less than $698,000,000, receipts collected
pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of
1990, in an amount equal to such shortfall, shall be credited as
offsetting collections to this appropriation: Provided further, That
funds appropriated or otherwise made available under this heading may
not be used to provide any type of assistance that is otherwise
prohibited by any other provision of law or to provide assistance to
any foreign country that is otherwise prohibited by any other provision
of law: Provided further, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to result in
a final fiscal year appropriation from the General Fund estimated at
$316,000,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2024: Provided, That up to $550,000,000 of amounts
paid to this account from CCA or transferred to this account pursuant
to section 1434(j) of the BUILD Act of 2018 (division F of Public Law
115-254) shall be available for the costs of direct and guaranteed
loans provided by the Corporation pursuant to section 1421(b) of such
Act and the costs of modifying loans and loan guarantees transferred to
the Corporation pursuant to section 1463 of such Act: Provided
further, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such amounts obligated in a fiscal year
shall remain available for disbursement for the following 8 fiscal
years: Provided further, That funds made available in this Act and
transferred to carry out the Foreign Assistance Act of 1961 pursuant to
section 1434(j) of the BUILD Act of 2018 may remain available for
obligation for 1 additional fiscal year: Provided further, That the
total loan principal or guaranteed principal amount shall not exceed
$8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2023, of which no more than $19,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2022 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended by section
111 of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), a project to construct a facility of the United
States may include office space or other accommodations for members of
the United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2022 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2022,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 117-84.
(d) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this Act
under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation with
the appropriate congressional committees, to address security
vulnerabilities at interim and temporary United States diplomatic
facilities abroad, including physical security upgrades and local
guard staffing.
(2) Consultation.--Notwithstanding any other provision of law,
the opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject to
prior consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations, except that such consultation and notification may
be waived if there is a security risk to personnel.
(e) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before enactment of this Act by Congress:
Provided, That up to $25,000 may be made available to carry out the
provisions of section 316 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the Diplomatic and Consular
Service'' in this Act may be transferred to, and merged with,
funds appropriated under such headings if the Secretary of
State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to security
situations and requirements, following consultation with, and
subject to the regular notification procedures of, such
Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this
Act and under any other provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current fiscal
year for the United States Agency for Global Media under title I of
this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent
by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under
section 7015 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under titles
II through V of 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 appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph (1),
in addition to transfers made by, or authorized elsewhere in, this
Act, funds appropriated by this Act to carry out the purposes of
the Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign Assistance
Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division
F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act, with funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and ``Assistance for
Europe, Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall not
apply to agreements entered into between USAID and the Department
of State.
(c) United States International Development Finance Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law 115-254)
may only be transferred from funds made available under title III
of this Act, and such amounts shall not exceed $50,000,000:
Provided, That any such transfers shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That the Secretary
of State, the Administrator of the United States Agency for
International Development, and the Chief Executive Officer of the
United States International Development Finance Corporation (the
Corporation), as appropriate, shall ensure that the programs funded
by such transfers are coordinated with, and complement, foreign
assistance programs implemented by the Department of State and
USAID: Provided further, That no funds transferred pursuant to
such authority may be used by the Corporation to post personnel
abroad or for activities described in section 1421(c) of the BUILD
Act of 2018: Provided further, That funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs to implement the Nita M.
Lowey Middle East Partnership for Peace Act shall be excluded from
the limitation contained in this paragraph and in section 7009(c)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021 (division K of Public Law 116-
260).
(2) Transfer of funds from millennium challenge corporation.--
Funds appropriated under the heading ``Millennium Challenge
Corporation'' in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be transferred to accounts under the heading ``United States
International Development Finance Corporation'' and, when so
transferred, may be used for the costs of activities described in
subsections (b) and (c) of section 1421 of the BUILD Act of 2018:
Provided, That such funds shall be subject to the limitations
provided in the second, third, and fifth provisos under the heading
``United States International Development Finance Corporation--
Program Account'' in this Act: Provided further, That any transfer
executed pursuant to the transfer authority provided in this
paragraph shall not exceed 10 percent of an individual Compact
awarded pursuant to section 609(a) of the Millennium Challenge Act
of 2003 (Title VI of Public Law 108-199): Provided further, That
such funds shall not be available for administrative expenses of
the United States International Development Finance Corporation:
Provided further, That such authority shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That such
transfers shall be excluded from the limitation under paragraph
(1): Provided further, That the transfer authority provided in
this section is in addition to any other transfer authority
provided by law: Provided further, That within 60 days of the
termination in whole or in part of the Compact from which funds
were transferred under this authority to the United States
International Development Finance Corporation, any unobligated
balances shall be transferred back to the Millennium Challenge
Corporation, subject to the regular notification procedures of the
Committees on Appropriations.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961,
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which
are not applied equally to all tobacco or tobacco products (including
electronic nicotine delivery systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment
of email accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public Law
113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance fees
at sporting events, theatrical and musical productions, and
amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United States
International Development Finance Corporation'' and under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State and the Administrator of the United States
Agency for International Development shall provide a report to the
Committees on Appropriations not later than October 31, 2022, detailing
by account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2022 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2023 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2023, such taxes have not been reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not apply
to any foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on Appropriations
that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of such
taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government of
the United States and the government of the country receiving
assistance that describes the privileges and immunities applicable
to United States foreign assistance for such country generally, or
an individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation'' shall
include value added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I, II, and VI,
and under the headings ``Peace Corps'' and ``Millennium Challenge
Corporation'', of this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain available for
obligation in fiscal year 2022, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I, II, and VI of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under such
titles that remain available for obligation in fiscal year 2022, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the department and agency funded
under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peace Corps'',
``Millennium Challenge Corporation'', ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', ``International
Military Education and Training'', ``Foreign Military Financing
Program'', ``International Organizations and Programs'', ``United
States International Development Finance Corporation'', and ``Trade and
Development Agency'' shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available to
support or continue any program initially funded under any
authority of title 10, United States Code, or any Act making or
authorizing appropriations for the Department of Defense, unless
the Secretary of State, in consultation with the Secretary of
Defense and in accordance with the regular notification procedures
of the Committees on Appropriations, submits a justification to
such Committees that includes a description of, and the estimated
costs associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law, funds
transferred by the Department of Defense to the Department of State
and the United States Agency for International Development for
assistance for foreign countries and international organizations
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance with
section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other
committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance
with the regular notification procedures of such Committees if such
defense articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such
defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except
as provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall include
the information specified under this section in House Report 117-84.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I of
this Act under the heading ``Diplomatic Programs'' that are made
available for lateral entry into the Foreign Service shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall be
subject to the regular notification procedures of the Committees on
Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted pursuant to
the authority of section 7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and the Multi-
Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the Countering
Russian Influence Fund; and
(G) the Gender Equity and Equality Action Fund.
(3) Democracy program policy and procedures.--Modifications to
democracy program policy and procedures, including relating to the
use of consortia, by the Department of State and USAID shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be submitted
pursuant to section 36(a) of the Arms Export Control Act (22 U.S.C.
2776), and such documents submitted pursuant to section 36(b)
through (d) of such Act with respect to countries that have
received assistance provided with funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, shall be concurrently
submitted to the Committees on Appropriations and shall include
information about the source of funds for any sale or transfer, as
applicable, if known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Prior Consultation Requirement.--The Secretary of State, the
Administrator of the United States Agency for International
Development, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Chief Executive
Officer of the Millennium Challenge Corporation shall consult with the
Committees on Appropriations at least 7 days prior to informing a
government of, or publically announcing a decision on, the suspension
or early termination of assistance to a country or a territory,
including as a result of an interagency review of such assistance, from
funds appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed justification
for such suspension, including a description of the assistance being
suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
Department of State and the United States Agency for International
Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any report
required by this Act to be submitted to Congress by any Federal
agency receiving funds made available by this Act shall be posted
on the public Web site of such agency not later than 45 days
following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the public posting of the report would compromise
national security, including the conduct of diplomacy;
(B) the report contains proprietary or other privileged
information; or
(C) the public posting of the report is specifically
exempted in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only after the
report has been made available to the Committees on Appropriations.
(c) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) regularly review and update the policies, directives, and
oversight necessary to comply with Federal statutes, regulations,
and presidential executive orders and memoranda concerning the
preservation of all records made or received in the conduct of
official business, including record emails, instant messaging, and
other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in title I,
and ``Operating Expenses'' and ``Capital Investment Fund'' in title
II, as appropriate, to improve Federal records management pursuant
to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33)
and other applicable Federal records management statutes,
regulations, or policies for the Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to the
Federal Government;
(4) substantially reduce, compared to the previous fiscal year,
the response time for identifying and retrieving Federal records,
including requests made pursuant to section 552 of title 5, United
States Code (commonly known as the ``Freedom of Information Act'');
and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of personal
email accounts or servers outside the .gov domain, improve the
process to identify and remove inactive user accounts, update and
enforce guidance related to the control of national security
information, and implement the recommendations of the applicable
reports of the cognizant Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program or
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961, and
shall be made available for such foreign countries and international
organizations notwithstanding the date of the transmission of such
report.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 10 percent from the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such percentage may be exceeded only if the
Secretary of State or USAID Administrator, as applicable, determines
and reports in writing to the Committees on Appropriations on a case-
by-case basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national security
interest of the United States, including a description of such events
or circumstances: Provided further, That deviations pursuant to the
preceding proviso shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(B) funds for which the initial period of availability has
expired; and
(C) amounts designated by this Act as minimum funding
requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act) shall not apply to the table included
under the heading ``Global Health Programs'' in such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support Fund''
included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), the
matter preceding the first proviso in subsection (b) of this
section shall be applied by substituting ``5 percent'' for ``10
percent'', and the provisos in such subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator, and
other designated officials, as appropriate, shall submit the reports
required, in the manner described, in House Report 117-84 and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), unless directed otherwise in such
explanatory statement.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act, unless such headings are
specifically designated as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future year
funding for any multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was: (1) previously
justified, including the projected future year costs, in a
congressional budget justification; (2) included in an Act making
appropriations for the Department of State, foreign operations, and
related programs or previously authorized by an Act of Congress; (3)
notified in accordance with the regular notification procedures of the
Committees on Appropriations, including the projected future year
costs; or (4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7 days in
advance of the pledge.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be made
available to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for purposes
of section 1754(c) of the Export Reform Control Act of 2018 (50
U.S.C. 4813(c)): Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12 months
after that government ceases to provide such military equipment:
Provided further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1) or
any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation of
the assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers the
United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under
any such title in prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in the
Federal Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military
Financing Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ``program, project, and activity'' shall also be
considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with the
report required by section 653(a) of the Foreign Assistance Act of
1961 or as modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
on the export of agricultural commodities of the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institution, using funds
appropriated or otherwise made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as the case may
be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of that
country and the United States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds may
be obligated and expended notwithstanding provisions of law which
are inconsistent with the nature of this assistance, including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution
648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States
interests that will be served by such assistance (including, as
appropriate, a description of the economic policy reforms that will
be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2022, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to the government of a country that violates internationally
recognized human rights.
disability programs
Sec. 7028. (a) Assistance.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $15,000,000
shall be made available for programs and activities administered by the
United States Agency for International Development to address the needs
and protect and promote the rights of people with disabilities in
developing countries, including initiatives that focus on independent
living, economic self-sufficiency, advocacy, education, employment,
transportation, sports, political and electoral participation, and
integration of individuals with disabilities, including for the cost of
translation: Provided, That funds shall be made available to support
disability rights advocacy organizations in developing countries.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used by USAID
for management, oversight, and technical support.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to adopt and implement a publicly available
policy, including the strategic use of peer reviews and external
experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to use the voice and vote of the United States to
oppose any loan, grant, policy, or strategy if such institution has
adopted and is implementing any social or environmental safeguard
relevant to such loan, grant, policy, or strategy that provides
less protection than World Bank safeguards in effect on September
30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to
use the voice and vote of the United States to oppose loans or
other financing for projects unless such projects--
(A) provide for accountability and transparency, including
the collection, verification, and publication of beneficial
ownership information related to extractive industries and on-
site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior and informed consent of affected Indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement or other violations of human rights; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the requirements specified under this
subsection in House Report 117-84: Provided, That prior to voting on
any such loan, grant, policy, or strategy the executive director shall
consult with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has reason to
believe that such loan, grant, policy, or strategy could result in
forced displacement or other violations of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in
borrowing countries' financial management and judicial capacity to
investigate, prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to effectively implement and enforce
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven retaliation,
including provision for the restoration of prior employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to support independent investigative and adjudicative
mechanisms and procedures that meet or exceed best practices in the
United States to provide due process and fair compensation, including
the right to reinstatement, for employees who are subjected to
harassment, discrimination, retaliation, false allegations, or other
misconduct.
(i) Capital Increases.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs should be made available to
support a capital increase for an international financial institution
until the President submits a budget request for such increase to
Congress and determines and reports to the Committees on Appropriations
that--
(1) the institution has completed a thorough analysis of the
development challenges facing the relevant geographical region, the
role of the institution in addressing such challenges and its role
relative to other financing partners, and the steps to be taken to
enhance the efficiency and effectiveness of the institution; and
(2) the governors of such institution have approved the capital
increase.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made available
for programs, including through the Digital Connectivity and
Cybersecurity Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance under
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying open,
interoperable, reliable, and secure networks to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate:
Provided, That such funds may be used to support the participation of
foreign military officials in programs designed to strengthen civilian
cybersecurity capacity, following consultation with the Committees on
Appropriations.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be made
available for direct government-to-government assistance only if
the requirements included in section 7031(a)(1)(A) through (E) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6) are fully
met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available for
direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided, That such notification
shall contain an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000 and
all funds available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of the United
States Agency for International Development or the Secretary of
State, as appropriate, shall suspend any direct government-to-
government assistance if the Administrator or the Secretary has
credible information of material misuse of such assistance, unless
the Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United
States to continue such assistance, including a justification, or
that such misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2023 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Debt service payment prohibition.--None of the funds made
available by this Act may be used by the government of any foreign
country for debt service payments owed by any country to any
international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The Secretary
of State shall continue to update and strengthen the ``minimum
requirements of fiscal transparency'' for each government receiving
assistance appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division
K of Public Law 113-76).
(2) Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later than
180 days after enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available in an
annual ``Fiscal Transparency Report'' to be posted on the
Department of State website: Provided, That such report shall
include the elements included under this section in House Report
117-84.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to improve
budget transparency and to support civil society organizations in
such countries that promote budget transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved, directly or indirectly, in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of human
rights, including the wrongful detention of locally employed
staff of a United States diplomatic mission or a United States
citizen or national, shall be ineligible for entry into the
United States.
(B) Concurrent with the application of subparagraph (A),
the Secretary should, as appropriate, refer the matter to the
Office of Foreign Assets Control, Department of the Treasury,
to determine whether to apply sanctions authorities in
accordance with United States law to block the transfer of
property and interests in property, and all financial
transactions, in the United States involving any person
described in such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for entry
into the United States pursuant to paragraph (1) if such entry
would further important United States law enforcement objectives or
is necessary to permit the United States to fulfill its obligations
under the United Nations Headquarters Agreement: Provided, That
nothing in paragraph (1) shall be construed to derogate from United
States Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 90 days thereafter until September 30, 2023, the
Secretary of State shall submit a report, including a classified
annex if necessary, to the appropriate congressional committees and
the Committees on the Judiciary describing the information related
to corruption or violation of human rights concerning each of the
individuals found ineligible in the previous 12 months pursuant to
paragraph (1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who would
be ineligible but for the application of paragraph (2), a list of
any waivers provided under paragraph (3), and the justification for
each waiver.
(5) Posting of report.--Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of
State website.
(6) Clarification.--For purposes of paragraphs (1), (4), and
(5), the records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the issuance or
refusal of visas or permits to enter the United States shall not be
considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be made
available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and monitoring
of the Extractive Industries Transparency Initiative, implementing
and enforcing section 8204 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 2052) and the amendments
made by such section, and to prevent the sale of conflict diamonds,
and for technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if the
government of such country has in place laws, regulations, or
procedures to prevent or limit the public disclosure of company
payments as required by United States law, and unless such
government has adopted laws, regulations, or procedures in the
sector in which assistance is being considered that: (1) accurately
account for and publicly disclose payments to the government by
companies involved in the extraction and export of natural
resources; (2) include independent auditing of accounts receiving
such payments and the public disclosure of such audits; and (3)
require public disclosure of agreement and bidding documents, as
appropriate.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the ``ForeignAssistance.gov'' website: Provided,
That all Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request and in a timely manner,
to the Department of State and USAID.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,600,000,000 should be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $102,040,000 shall be made available
to the Bureau of Democracy, Human Rights, and Labor, Department of
State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the heading
``National Endowment for Democracy'' may be made available
notwithstanding any other provision of law, and with regard to the
National Endowment for Democracy (NED), any regulation.
(2) Beneficiaries.--Funds made available by this Act for the
NED are made available pursuant to the authority of the National
Endowment for Democracy Act (title V of Public Law 98-164),
including all decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of the
assistance, and the participants in such programs shall not be
subject to prior approval by the government of any foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, determines that
the government of the country is undemocratic or has engaged in or
condoned harassment, threats, or attacks against organizations
implementing democracy programs, any new bilateral agreement
governing the terms and conditions under which assistance is
provided to such country shall not require the disclosure of the
names of implementing partners of democracy programs, and the
Secretary of State and the USAID Administrator shall expeditiously
seek to negotiate amendments to existing bilateral agreements, as
necessary, to conform to this requirement.
(3) Reporting requirement.--The Secretary of State, in
coordination with the USAID Administrator, shall submit a report to
the appropriate congressional committees, not later than 90 days
after enactment of this Act and every 90 days thereafter until
September 30, 2023, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs.
(g) Digital Security and Countering Disinformation.--Democracy
programs supported with funds appropriated by this Act under subsection
(a)(1) should, as appropriate--
(1) include--
(A) a component on digital security to enhance the safety
of implementers and beneficiaries;
(B) assistance for civil society organizations to counter
government surveillance, censorship, and repression by digital
means;
(C) efforts to combat weaponized technology, including the
misuse of social media to spread disinformation or incite hate;
and
(D) measures to prevent the digital manipulation of
elections, electoral data, and critical infrastructure; and
(2) incorporate activities to counter disinformation propagated
by malign actors, including the People's Republic of China and the
Russian Federation.
(h) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the NED of
democracy programs that are planned and supported with funds made
available by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
(i) Protection of Civil Society Activists and Journalists.--
(1) Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'', not less than
$30,000,000 shall be made available to support and protect civil
society activists and journalists who have been threatened,
harassed, or attacked, including journalists affiliated with the
United States Agency for Global Media.
(j) International Freedom of Expression and Independent Media.--Of
the funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $20,000,000 shall be made available for programs
to protect international freedom of expression and independent media,
including to implement the updated action plan required under section
7032(h) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021 (division K of Public Law 116-260):
Provided, That funds appropriated by this Act under the heading
``Diplomatic Programs'' shall be made available to the Bureau of
Democracy, Human Rights, and Labor, Department of State, and funds
appropriated by this Act under the heading ``Operating Expenses'' shall
be made available to the Bureau for Development, Democracy, and
Innovation, USAID, for the costs of administering such programs.
(k) Labor Programs Report and Consultation.--
(1) Report.--Not later than 90 days after enactment of this
Act, the USAID Administrator shall submit a report to the
appropriate congressional committees detailing steps taken, or
planned to be taken, by USAID to build expertise and capacity
within the agency on implementing labor programs, in addition to
providing a description of current implementation efforts.
(2) Consultation.--Funds appropriated by this Act that are made
available for labor programs administered by USAID shall be subject
to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs''
shall be made available for the Office of International Religious
Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted ethnic and religious
minorities: Provided, That funds made available by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' pursuant to
this section shall be the responsibility of the Ambassador-at-Large for
International Religious Freedom, in consultation with other relevant
United States Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) shall
continue in effect during fiscal year 2022.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III of this Act that are made
available for victims of war, displaced children, displaced Burmese,
and to combat trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $19,000,000 shall be made
available for forensic anthropology assistance related to the
exhumation and identification of victims of war crimes, crimes
against humanity, and genocide, which shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State: Provided, That such funds shall be in
addition to funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not less
than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central America
and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities: Provided, That
funds made available pursuant to this subsection are in addition to
amounts otherwise made available for such purposes: Provided further,
That such funds shall be subject to the regular notification procedures
of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act, may be made available as a
general contribution to the World Food Programme, notwithstanding any
other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent States
of the Former Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501 et
seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' may be made available as contributions to establish
and maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated by
this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, including partnerships with philanthropic
foundations, up to $50,000,000 may remain available until September
30, 2024: Provided, That funds made available pursuant to this
paragraph may only be made available following prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(4) Additional authorities.--Of the amounts made available by
this Act under the heading ``Diplomatic Programs'', up to $500,000
may be made available for grants pursuant to section 504 of the
Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C.
2656d), including to facilitate collaboration with Indigenous
communities, and under the heading ``Educational and Cultural
Exchange Programs'', up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural Antiquities Task
Force.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6): Provided, That each individual award may not exceed
$100,000: Provided further, That no more than 15 such awards may
be made during fiscal year 2022.
(6) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and made
available for the Development Innovation Ventures program may be
made available for the purposes of chapter I of part I of the
Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made available
by this Act may be used to modify the Exchange Visitor Program
administered by the Department of State to implement the Mutual
Educational and Cultural Exchange Act of 1961 (Public Law 87-256;
22 U.S.C. 2451 et seq.), except through the formal rulemaking
process pursuant to the Administrative Procedure Act (5 U.S.C. 551
et seq.) and notwithstanding the exceptions to such rulemaking
process in such Act: Provided, That funds made available for such
purpose shall only be made available after consultation with, and
subject to the regular notification procedures of, the Committees
on Appropriations, regarding how any proposed modification would
affect the public diplomacy goals of, and the estimated economic
impact on, the United States: Provided further, That such
consultation shall take place not later than 30 days prior to the
publication in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(8) Payments.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Diplomatic
Programs'', except for funds designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or
the Balanced Budget and Emergency Deficit Control Act of 1985, are
available to provide payments pursuant to section 901(i)(2) of
title IX of division J of the Further Consolidated Appropriations
Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That funds made
available pursuant to this paragraph shall be subject to prior
consultation with the Committees on Appropriations.
(9) Transatlantic engagement.--Funds appropriated by this Act
under the heading ``Diplomatic Programs'' are available for support
of an institute for transatlantic engagement if legislation
establishing such institute is enacted into law by September 30,
2022: Provided, That in the event that such legislation is not
enacted into law by such date, the amounts described in this
paragraph shall be available under the heading ``Diplomatic
Programs'' for the purposes provided therein.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a significant
change to the scope of an existing partner vetting program, the
Secretary of State and USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations: Provided, That the
Secretary and the Administrator shall provide a direct vetting option
for prime awardees in any partner vetting program initiated or
significantly modified after the date of enactment of this Act, unless
the Secretary of State or USAID Administrator, as applicable, informs
the Committees on Appropriations on a case-by-case basis that a direct
vetting option is not feasible for such program.
(g) Contingencies.--During fiscal year 2022, the President may use
up to $145,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2022, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the heading
``Economic Support Fund'' to counter extremism may be made available
notwithstanding any other provision of law restricting assistance to
foreign countries, except sections 502B, 620A, and 620M of the Foreign
Assistance Act of 1961: Provided, That the use of the authority of
this subsection shall be subject to prior consultation with the
appropriate congressional committees and the regular notification
procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The terms and conditions of section
7034(k) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2020 (division G of Public Law 116-94)
shall continue in effect during fiscal year 2022.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting
``September 30, 2022'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained in
section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2022.
(3) USAID civil service annuitant waiver.--Section 625(j)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be
applied by substituting ``September 30, 2022'' for ``October 1,
2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--(A) Subject to
the limitation described in subparagraph (B), the authority
provided by section 1113 of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through September
30, 2022.
(B) The authority described in subparagraph (A) may not be used
to pay an eligible member of the Foreign Service (as defined in
section 1113(b) of the Supplemental Appropriations Act, 2009
(Public Law 111-32)) a locality-based comparability payment (stated
as a percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage) that
would be payable to such member under section 5304 of title 5,
United States Code, if such member's official duty station were in
the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2021'' and
inserting ``2021, and 2022''; and
(ii) in subsection (e), by striking ``2021'' each place
it appears and inserting ``2022''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
``2021'' and inserting ``2022''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations Act,
2010 (Public Law 111-212) shall remain in effect through September
30, 2022, and may be used to facilitate the assignment of persons
for oversight of programs in Somalia, South Sudan, Syria,
Venezuela, and Yemen.
(7) Special inspector general for afghanistan reconstruction
competitive status.--Notwithstanding any other provision of law,
any employee of the Special Inspector General for Afghanistan
Reconstruction (SIGAR) who completes at least 12 months of
continuous service after enactment of this Act or who is employed
on the date on which SIGAR terminates, whichever occurs first,
shall acquire competitive status for appointment to any position in
the competitive service for which the employee possesses the
required qualifications.
(8) Accountability review boards.--The authority provided by
section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in
effect for facilities in Afghanistan through September 30, 2022,
except that the notification and reporting requirements contained
in such section shall include the Committees on Appropriations.
(9) Transfer of balances.--Section 7081(h) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31) shall continue in effect
during fiscal year 2022.
(10) Department of state inspector general waiver authority.--
The Inspector General of the Department of State may waive the
provisions of subsections (a) through (d) of section 824 of the
Foreign Service Act of 1980 (22 U.S.C. 4064) on a case-by-case
basis for an annuitant reemployed by the Inspector General on a
temporary basis, subject to the same constraints and in the same
manner by which the Secretary of State may exercise such waiver
authority pursuant to subsection (g) of such section.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act that
are made available for monitoring and evaluation of assistance
under the headings ``Development Assistance'', ``International
Disaster Assistance'', and ``Migration and Refugee Assistance''
shall be made available for the regular and systematic collection
of feedback obtained directly from beneficiaries to enhance the
quality and relevance of such assistance: Provided, That not later
than 180 days after enactment of this Act, the Department of State
and USAID shall post on their respective websites updated
procedures for implementing partners that receive funds under such
headings for regularly and systematically collecting and responding
to such feedback, including guidelines for the reporting on actions
taken in response to the feedback received: Provided further, That
the Secretary of State and USAID Administrator shall regularly
conduct oversight to ensure that such feedback is regularly
collected and used by implementing partners to maximize the cost-
effectiveness and utility of such assistance.
(2) Ex-post evaluations.--Of the funds appropriated by this Act
under titles III and IV, not less than $10,000,000 shall be made
available for ex-post evaluations of the effectiveness and
sustainability of United States Government-funded assistance
programs.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria,
tuberculosis, and emerging infectious diseases to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in section
525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriation Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health, USAID, with
respect to funds deposited for such non-HIV/AIDS pharmaceuticals and
other products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for Egypt,
Jordan, Tunisia, and Ukraine, which are authorized to be provided:
Provided, That amounts made available under this paragraph for the
costs of such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject to
prior consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund'',
not less than $80,000,000 shall be made available for Local Works
pursuant to section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division
J of Public Law 113-235), which may remain available until
September 30, 2026.
(2) Eligible entities.--For the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small entities
that have received less than a total of $5,000,000 from USAID over
the previous 5 fiscal years: Provided, That departments or centers
of such educational institutions may be considered individually in
determining such eligibility.
(q) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2022.
(r) Section 889.--For the purposes of obligations and expenditures
made with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, the waiver authority in section 889(d)(2) of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) may also be available to the Secretary of State,
following consultation with the Director of National Intelligence:
Provided, That not later than 60 days after enactment of the Act, the
Secretary of State shall submit to the appropriate congressional
committees a report detailing the use of the authority of this
subsection since enactment of the Act, which shall include the scope
and duration of any waiver granted, the entity covered by such waiver,
and a detailed description of the national security interest served:
Provided further, That such report shall be updated every 60 days until
September 30, 2023.
(s) Impact on Jobs.--Section 7056 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116-260) shall continue in effect during
fiscal year 2022.
(t) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund,
the International Fund for Agricultural Development, the Asian
Development Bank, the Asian Development Fund, the Inter-American
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan'' means a
plan for the uses of funds appropriated for a particular entity,
country, program, purpose, or account and which shall include, at a
minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) Successor operating unit.--Any reference to a particular
USAID operating unit or office in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be deemed to include any successor operating
unit or office performing the same or similar functions.
(6) USAID.--In this Act, the term ``USAID'' means the United
States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions of
chapter 1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section 660 of
that Act, to enhance the effectiveness and accountability of
civilian police authority through training and technical assistance
in human rights, the rule of law, anti-corruption, strategic
planning, and through assistance to foster civilian police roles
that support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address gender-
based violence, and foster improved police relations with the
communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated by
this Act under the heading ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be made available for the
Counterterrorism Partnerships Fund for programs in areas liberated
from, under the influence of, or adversely affected by, the Islamic
State of Iraq and Syria or other terrorist organizations:
Provided, That such areas shall include the Kurdistan Region of
Iraq: Provided further, That prior to the obligation of funds made
available pursuant to this paragraph, the Secretary of State shall
take all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds: Provided
further, That funds made available pursuant to this paragraph shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(3) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment in
an amount above the prior fiscal year.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of lethal
assistance funded by this Act with funds appropriated under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
subparagraph shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to the
maximum extent practicable, functioning combat casualty care
treatment and equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat Casualty Care:
Provided further, That any such training and equipment for
combat casualty care shall be made available through an open
and competitive process.
(4) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the requirements
of international humanitarian law as a component of any package of
lethal assistance funded by this Act with funds appropriated under
the headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
paragraph shall not apply to a country that is a member of the
North Atlantic Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of 1961,
or is complying with international humanitarian law: Provided
further, That any such training shall be made available through an
open and competitive process.
(5) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign Assistance
Act of 1961: Provided, That the Secretary of State and the USAID
Administrator shall consult with the Committees on Appropriations
on the proposed uses of such funds prior to obligation and not
later than 60 days after enactment of this Act: Provided further,
That such funds shall be in addition to funds otherwise made
available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support for
regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--Section
7034(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law 113-
235) shall continue in effect during fiscal year 2022.
(3) Extension of war reserves stockpile authority.--(A) Section
12001(d) of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1011) is amended by striking ``of
this section'' and all that follows through the period at the end
and inserting ``of this section after September 30, 2025.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321h(b)(2)(A) is amended by striking ``and 2023'' and
inserting ``2023, 2024, and 2025''.
(4) Commercial leasing of defense articles.--Notwithstanding
any other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of
section 23(a) of the Arms Export Control Act (22 U.S.C. 2763) may
be used to provide financing to Israel, Egypt, the North Atlantic
Treaty Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are compelling
foreign policy or national security reasons for those defense
articles being provided by commercial lease rather than by
government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of the
Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the purposes of
the Special Defense Acquisition Fund (the Fund), to remain
available for obligation until September 30, 2024: Provided, That
the provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall be
subject to the concurrence of the Secretary of State.
(6) Duty to inform and public disclosure.--Section 620M of the
Foreign Assistance Act of 1961 (Limitation on Assistance to
Security Forces) is amended as follows--
(A) In subsection (b), by striking ``Committee on Foreign
Relations'' through ``Appropriations'' and inserting in lieu
thereof ``appropriate congressional committees''.
(B) In subsection (c), by striking everything after ``Duty
to Inform.--'' and inserting--
``(1) If assistance to a foreign security force is provided in
a manner in which the recipient unit or units cannot be identified
prior to the transfer of assistance, the Secretary of State shall
regularly provide a list of units prohibited from receiving
assistance pursuant to this section to the recipient government and
the appropriate congressional committees and, effective December
31, 2022, such assistance shall only be made available subject to a
written agreement that the recipient government will comply with
such prohibition.
``(2) If the recipient government withholds assistance from a
unit pursuant to this section, the Secretary shall inform the
appropriate congressional committees and shall, to the maximum
extent practicable, assist the foreign government in bringing the
responsible members of the unit to justice.''.
(C) After subsection (d), by inserting the following new
subsection:
``(e) Definitions.--
``(1) For the purposes of subsection (d)(7), the term `to the
maximum extent practicable' means that the identity of such units
shall be made publicly available unless the Secretary of State, on
a case-by-case basis, determines and reports to the appropriate
congressional committees that public disclosure is not in the
national security interest of the United States and provides a
detailed justification for such determination, which may be
submitted in classified form.
``(2) For the purposes of this section, `appropriate
congressional committees' means the Committee on Foreign Relations
and the Committee on Appropriations of the Senate, and the
Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives.''.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should not
be used to support any military training or operations that include
child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the
assistance, transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians are
known to be present or in areas normally inhabited by
civilians; or
(ii) such assistance, license, sale, or transfer is for
the purpose of demilitarizing or permanently disposing of
such cluster munitions.
(3) Crowd control.--If the Secretary of State has information
that a unit of a foreign security force uses excessive force to
repress peaceful expression or assembly concerning corruption, harm
to the environment or human health, or the fairness of electoral
processes, or in countries that are undemocratic or undergoing
democratic transition, the Secretary shall promptly determine if
such information is credible: Provided, That if the information is
determined to be credible, funds appropriated by this Act should
not be used for tear gas, small arms, light weapons, ammunition, or
other items for crowd control purposes for such unit.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a report on funds obligated and
expended during fiscal year 2021, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(2) Annual foreign military training report.--For the purposes
of implementing section 656 of the Foreign Assistance Act of 1961,
the term ``military training provided to foreign military personnel
by the Department of Defense and the Department of State'' shall be
deemed to include all military training provided by foreign
governments with funds appropriated to the Department of Defense or
the Department of State, except for training provided by the
government of a country designated by section 517(b) of such Act
(22 U.S.C. 2321k(b)) as a major non-North Atlantic Treaty
Organization ally: Provided, That such third-country training
shall be clearly identified in the report submitted pursuant to
section 656 of such Act.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated
in 1997, should be immediately and publicly terminated, and the
Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue to
vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring
about the termination of the Arab League boycott of Israel,
including those to encourage allies and trading partners of the
United States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the context of
full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2022, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for assistance
under the West Bank and Gaza Program may be made available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds made
available by this or prior appropriations Acts, including funds
made available by transfer, may be made available for obligation
for security assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on Appropriations on--
(A) the benchmarks that have been established for security
assistance for the West Bank and Gaza and on the extent of
Palestinian compliance with such benchmarks; and
(B) the steps being taken by the Palestinian Authority to
end torture and other cruel, inhuman, and degrading treatment
of detainees, including by bringing to justice members of
Palestinian security forces who commit such crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,300,000 may
be used by the Office of Inspector General of the United States
Agency for International Development for audits, investigations,
and other activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition to funds
otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2022 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI of
this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas is
a member, or that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance
may be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended.
(3) The President may exercise the authority in section 620K(e)
of the Foreign Assistance Act of 1961, as added by the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification
and every quarter thereafter on whether such government, including
all of its ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A) and (B) of
the Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III through VI
of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this Act
that are available for assistance for Egypt may be made available
notwithstanding any other provision of law restricting assistance
for Egypt, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made available for
assistance for the Government of Egypt if the Secretary of State
certifies and reports to the Committees on Appropriations that such
government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$125,000,000 shall be made available for assistance for Egypt, of
which not less than $40,000,000 should be made available for higher
education programs, including not less than $15,000,000 for
scholarships for Egyptian students with high financial need to
attend not-for-profit institutions of higher education in Egypt
that are currently accredited by a regional accrediting agency
recognized by the United States Department of Education, or meets
standards equivalent to those required for United States
institutional accreditation by a regional accrediting agency
recognized by such Department: Provided, That such funds shall be
made available for democracy programs, and for development programs
in the Sinai.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'',
$1,300,000,000, to remain available until September 30, 2023,
should be made available for assistance for Egypt: Provided,
That such funds may be transferred to an interest bearing
account in the Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations, and the
uses of any interest earned on such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That $235,000,000 of such
funds shall be withheld from obligation until the Secretary of
State certifies and reports to the Committees on Appropriations
that the Government of Egypt is taking sustained and effective
steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt, including to
protect religious minorities and the rights of women, which
are in addition to steps taken during the previous calendar
year for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly, including
the ability of civil society organizations, human rights
defenders, and the media to function without interference;
(iii) hold Egyptian security forces accountable,
including officers credibly alleged to have violated human
rights;
(iv) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(v) provide regular access for United States officials
to monitor such assistance in areas where the assistance is
used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this Act
under such heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary
determines and reports to the Committees on Appropriations that
to do so is important to the national security interest of the
United States, and submits a report to such Committees
containing a detailed justification for the use of such waiver
and the reasons why any of the requirements of subparagraph (A)
cannot be met: Provided, That the report required by this
paragraph shall be submitted in unclassified form, but may be
accompanied by a classified annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A), $85,000,000 of the funds made available
pursuant to this paragraph shall be withheld from obligation
until the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Egypt is
making clear and consistent progress in releasing political
prisoners, providing detainees with due process of law, and
preventing the intimidation and harassment of American
citizens.
(4) Pre-obligation determination.--Prior to the initial
obligation of funds made available by this Act under the heading
``Foreign Military Financing Program'' for assistance for Egypt,
the Secretary of State shall submit a report to the appropriate
congressional committees on known disputes involving injuries to
American citizens caused by the Egyptian military, steps taken by
the Government of Egypt to resolve, or facilitate the just
resolution of, such disputes, and the remaining obstacles to such a
resolution.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the headings
``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Programs''
shall be made available for the programs and activities described
under this section in House Report 117-84.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions on
Iran;
(ii) the reimposition and renewed enforcement of
secondary sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of Iraq;
(B) stabilization assistance, including in Anbar Province;
(C) programs to support government transparency and
accountability, judicial independence, protect the right of due
process, and combat corruption;
(D) humanitarian assistance, including in the Kurdistan
Region of Iraq; and
(E) programs to protect and assist religious and ethnic
minority populations in Iraq, including as described under this
section in House Report 117-84.
(2) Basing rights.--None of the funds appropriated or otherwise
made available by this Act may be used by the Government of the
United States to enter into a permanent basing rights agreement
between the United States and Iraq.
(d) Israel.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not less than
$3,300,000,000 shall be available for grants only for Israel which
shall be disbursed within 30 days of enactment of this Act: Provided,
That to the extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel under this
heading shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than $785,300,000 shall
be available for the procurement in Israel of defense articles and
defense services, including research and development.
(e) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,650,000,000 shall be made available for
assistance for Jordan, of which not less than $845,100,000 shall be
made available for budget support for the Government of Jordan and not
less than $425,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(f) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are made available
for assistance for Lebanon may be made available for programs
and equipment for the Lebanese Internal Security Forces (ISF)
and the Lebanese Armed Forces (LAF) to address security and
stability requirements in areas affected by conflict in Syria,
following consultation with the appropriate congressional
committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available
for assistance for Lebanon may only be made available for
programs to--
(i) professionalize the LAF to mitigate internal and
external threats from non-state actors, including
Hizballah;
(ii) strengthen border security and combat terrorism,
including training and equipping the LAF to secure the
borders of Lebanon and address security and stability
requirements in areas affected by conflict in Syria,
interdicting arms shipments, and preventing the use of
Lebanon as a safe haven for terrorist groups; and
(iii) implement United Nations Security Council
Resolution 1701:
Provided, That prior to obligating funds made available by
this subparagraph for assistance for the LAF, the Secretary of
State shall submit to the Committees on Appropriations a spend
plan, including actions to be taken to ensure equipment
provided to the LAF is used only for the intended purposes,
except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961:
Provided further, That any notification submitted pursuant to
such section shall include any funds specifically intended for
lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act may
be made available for the ISF or the LAF if the ISF or the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
(g) Libya.--Funds appropriated under titles III and IV of this Act
shall be made available for stabilization assistance for Libya,
including support for a United Nations-facilitated political process
and border security: Provided, That the limitation on the uses of
funds for certain infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76) shall apply
to such funds.
(h) Morocco.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for Morocco.
(i) Saudi Arabia.--
(1) Prohibition.--None of the funds appropriated by this Act
under the heading ``International Military Education and Training''
may be made available for assistance for the Government of Saudi
Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs should be obligated or expended by the Export-
Import Bank of the United States to guarantee, insure, or extend
(or participate in the extension of) credit in connection with the
export of nuclear technology, equipment, fuel, materials, or other
nuclear technology-related goods or services to Saudi Arabia unless
the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement pursuant
to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional Protocol to
its Comprehensive Safeguards Agreement with the International
Atomic Energy Agency.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available, notwithstanding any
other provision of law, for non-lethal stabilization assistance for
Syria, including for emergency medical and rescue response and
chemical weapons investigations.
(2) Limitations.--Funds made available pursuant to paragraph
(1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of Iran,
foreign terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further
the strategic objectives of the Government of the Russian
Federation that the Secretary of State determines may threaten
or undermine United States national security interests; and
(C) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
(3) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(k) Tunisia.--
(1) Assistance.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Tunisia for
programs to improve economic growth and opportunity, support
democratic governance and civil society, protect due process of
law, and maintain regional stability and security, following
consultation with the Committees on Appropriations.
(2) Spend plan.--Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a spend plan consistent
with the requirements in section 7062(b) of this Act.
(3) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations on the extent to which--
(A) the Government of Tunisia is implementing economic
reforms, countering corruption, and taking credible steps to
restore constitutional order and democratic governance,
including respecting freedoms of expression, association, and
the press, and the rights of members of political parties;
(B) the Government of Tunisia is maintaining the
independence of the judiciary and holding security forces who
commit human rights abuses accountable; and
(C) the Tunisian military has remained an apolitical and
professional institution.
(l) West Bank and Gaza.--
(1) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs in the West Bank and Gaza, which may include water,
sanitation, and other infrastructure improvements.
(2) Report on assistance.--Prior to the initial obligation of
funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on Appropriations
that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(3) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations
or any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation,
or actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary certifies to
the Committees on Appropriations that to do so is in the
national security interest of the United States, and submits a
report to such Committees detailing how the waiver and the
continuation of assistance would assist in furthering Middle
East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the appropriate congressional committees that the Palestinians
have not, after the date of enactment of this Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated
between Israel and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under this
clause may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are made
available for assistance for the West Bank and Gaza shall be made
available consistent with section 1004(a) of the Taylor Force Act
(title X of division S of Public Law 115-141).
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law 110-
252) shall apply to funds made available by this Act, including a
description of modifications, if any, to the security strategy of
the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing steps taken by the
Palestinian Authority to counter incitement of violence against
Israelis and to promote peace and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for a contribution to the Special
Criminal Court in Central African Republic.
(c) Counter Illicit Armed Groups.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) or other illicit armed groups in
Eastern Democratic Republic of the Congo and the Central African
Republic, including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(d) Democratic Republic of the Congo.--Of the funds appropriated
under titles III and IV of this Act, not less than $325,000,000 shall
be made available for assistance for the Democratic Republic of the
Congo (DRC) for stabilization, global health, and bilateral economic
assistance, including in areas affected by, and at risk from, the Ebola
virus disease: Provided, That such funds shall also be made available
to support security, stabilization, development, and democracy in
Eastern DRC: Provided further, That funds appropriated by this Act
under the headings ``Peacekeeping Operations'' and ``International
Military Education and Training'' that are made available for such
purposes may be made available notwithstanding any other provision of
law, except section 620M of the Foreign Assistance Act of 1961.
(e) Ethiopia.--
(1) Assistance.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to support--
(A) a political dialogue to end the conflict;
(B) civil society and protect human rights;
(C) efforts to provide unimpeded access to humanitarian
assistance; and
(D) investigations and prosecutions of gross violations of
human rights.
(2) Spend plan.--Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a spend plan consistent
with the requirements in section 7062(b) of this Act.
(3) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
appropriate congressional committees on the extent to which the
Government of Ethiopia and other parties to the conflict--
(A) have ceased offensive military operations;
(B) have taken credible steps toward a political dialogue
to end the conflict;
(C) are providing unimpeded access to humanitarian
assistance;
(D) are taking effective steps to protect human rights and
comply with international humanitarian law and international
refugee law; and
(E) are cooperating with independent investigations of
gross violations of human rights.
(f) Malawi.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are made available for higher education programs
in Malawi shall be made available for higher education and workforce
development programs in agriculture as described under this section in
House Report 117-84.
(g) Mozambique.--Of the funds appropriated under titles III and IV
of this Act, not less than $537,500,000 shall be made available for
assistance for Mozambique, including for stabilization, global health,
and bilateral economic assistance in areas affected by violent
extremism.
(h) South Sudan.--
(1) Assistance.--Funds appropriated under title III of this Act
that are made available for assistance for South Sudan should be
made available for democracy programs, including programs to
support civil society, and for conflict mitigation and
reconciliation programs, at levels above the prior fiscal year.
(2) Limitation on assistance for the central government.--Funds
appropriated by this Act that are made available for assistance for
the central Government of South Sudan may only be made available,
following consultation with the Committees on Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent, detect, and
respond to infectious diseases;
(C) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement, and subsequent and
mutual arrangements related to such agreement, or any other
internationally recognized viable peace agreement in South
Sudan:
Provided, That prior to the initial obligation of funds made
available pursuant to subparagraphs (C) and (D), the Secretary of
State shall consult with the Committees on Appropriations on the
intended uses of such funds and steps taken by such government to
advance or implement a peace agreement.
(i) Sudan.--
(1) Assistance.--Funds appropriated by this Act under title III
should be made available to support a civilian-led transition in
Sudan: Provided, That notwithstanding any other provision of law
except section 620M of the Foreign Assistance Act of 1961, the
Trafficking Victims Protection Act of 2000, and the Child Soldiers
Prevention Act of 2008, such funds may be made available for
agriculture and economic growth programs, and economic assistance
for marginalized areas in Sudan and Abyei: Provided further, That
funds should be prioritized for civil society capacity building,
political party and coalition building, women and youth
empowerment, protection of human rights, and support for elections
if the Secretary of State reports to the appropriate congressional
committees that conditions exist for free and fair elections.
(2) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the central
Government of Sudan, except to support implementation of
outstanding issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in Sudan.
(3) Consultation and notification.--Funds appropriated by this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for any new program, project, or activity in Sudan shall
be subject to prior consultation with the appropriate congressional
committees.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall instruct
the United States executive director of each international
financial institution to vote against any extension by the
respective institution of any loan or grant to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has been
restored, including respect for ownership and title to property,
and freedoms of expression, association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central Government
of Zimbabwe, except for health and education, unless the Secretary
of State certifies and reports as required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act, not
less than $136,127,000 shall be made available for assistance for
Burma, which--
(A) may be made available notwithstanding any other
provision of law and following consultation with the
appropriate congressional committees;
(B) may be made available for support for the
administrative operations and programs of the entities listed
under this subsection in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) and other entities that support peaceful
efforts to establish an inclusive and representative democracy
in Burma and a federal union to foster equality among Burma's
diverse ethnic groups, following consultation with the
Committees on Appropriations;
(C) shall be made available for programs to promote ethnic
and religious tolerance, unity, and accountability and to
combat gender-based violence, including in Kachin, Chin, Mon,
Karen, Karenni, Rakhine, and Shan states;
(D) shall be made available for community-based
organizations with experience operating in Thailand to provide
food, medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to assistance
for Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance''; and
(E) shall be made available for programs and activities to
investigate and document violations of human rights in Burma
committed by the military junta.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military Financing
Program'' may be made available for assistance for Burma.
(3) Limitations.--None of the funds appropriated by this Act
that are made available for assistance for Burma may be made
available to the State Administration Council or any organization
or entity controlled by, or an affiliate of, the armed forces of
Burma, or to any individual or organization that has committed a
gross violation of human rights or advocates violence against
ethnic or religious groups or individuals in Burma, as determined
by the Secretary of State for programs administered by the
Department of State and USAID or the President of the National
Endowment for Democracy (NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2022 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III of
this Act, not less than $82,505,000 shall be made available for
assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds appropriated by this
Act that are made available for assistance for the Government
of Cambodia may be obligated or expended unless the Secretary
of State certifies and reports to the Committees on
Appropriations that such Government is taking effective steps
to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions
with respect to North Korea;
(ii) assert its sovereignty against interference by the
People's Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other
military installations in Cambodia, and dual use facilities
such as the Dara Sakor development project;
(iii) cease violence, threats, and harassment against
civil society and the political opposition in Cambodia, and
dismiss any politically motivated criminal charges against
critics of the government; and
(iv) respect the rights, freedoms, and responsibilities
enshrined in the Constitution of the Kingdom of Cambodia as
enacted in 1993.
(B) Exceptions.--The certification required by subparagraph
(A) shall not apply to funds appropriated by this Act and made
available for democracy, health, education, and environment
programs, programs to strengthen the sovereignty of Cambodia,
and programs to educate and inform the people of Cambodia of
the influence activities of the People's Republic of China in
Cambodia.
(3) Uses of funds.--Funds appropriated under title III of this
Act for assistance for Cambodia shall be made available for--
(A) research, documentation, and education programs
associated with the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map, and
publicize the efforts by the People's Republic of China to
expand its influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act
of 2018.--
(1) Assistance.--Of the funds appropriated under titles III and
IV of this Act, not less than $1,605,105,000 shall be made
available to support implementation of the Indo-Pacific Strategy
and the Asia Reassurance Initiative Act of 2018 (Public Law 115-
409).
(2) Countering prc influence fund.--Of the funds appropriated
by this Act under the headings ``Development
Assistance'',``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', and ``Foreign Military Financing
Program'', not less than $300,000,000 shall be made available for a
Countering PRC Influence Fund to counter the influence of the
Government of the People's Republic of China and the Chinese
Communist Party and entities acting on their behalf globally, which
shall be subject to prior consultation with the Committees on
Appropriations: Provided, That such funds are in addition to
amounts otherwise made available for such purposes: Provided
further, That up to 10 percent of such funds shall be held in
reserve to respond to unanticipated opportunities to counter PRC
influence: Provided further, That the uses of such funds shall be
the joint responsibility of the Secretary of State and the USAID
Administrator, in accordance with the guidance contained in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further,
That prior to the initial obligation of such funds, the Secretary
of State and USAID Administrator shall consult with the Committees
on Appropriations: Provided further, That funds appropriated by
this Act for such Fund under the headings ``International Narcotics
Control and Law Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', and ``Foreign Military Financing
Program'' may be transferred to, and merged with, funds
appropriated under such headings: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on
Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available for any project or activity that directly
supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of China; and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by the
People's Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the heads of
other Federal agencies, as appropriate, determines that such
use does not adversely impact the national security of the
United States.
(4) Maps.--None of the funds made available by this Act should
be used to create, procure, or display any map that inaccurately
depicts the territory and social and economic system of Taiwan and
the islands or island groups administered by Taiwan authorities.
(d) Laos.--Of the funds appropriated by this Act under titles III
and IV, not less than $85,000,000 shall be made available for
assistance for Laos, of which not less than $1,500,000 should be made
available for health and disability programs to assist persons with
severe physical mobility, cognitive, or developmental disabilities that
may be related to the use of Agent Orange and exposure to dioxin:
Provided, That funds made available pursuant to this subsection may be
used for assessments to determine the existence of dioxin contamination
resulting from the use of Agent Orange in Laos and the feasibility and
cost of remediation.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available for
assistance for the central government of a country the Secretary of
State determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: Provided, That the Secretary of State
shall submit the report required by section 209 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122;
22 U.S.C. 9229) to the Committees on Appropriations: Provided
further, That the Secretary of State may waive the application of
the restriction in this paragraph with respect to assistance for
the central government of a country if the Secretary determines and
reports to the appropriate congressional committees that to do so
is important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at levels
not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' shall be
made available for the promotion of human rights in North Korea:
Provided, That the authority of section 7032(b)(1) of this Act
shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support Fund''
may be made available for assistance for the Government of North
Korea.
(f) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds appropriated
under the heading ``Diplomatic Programs'' in this Act may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial satellites
and satellite components) to the People's Republic of China (PRC)
unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and requirements of
section 620(h) of the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may
be used to finance any grant, contract, or cooperative agreement
with the PLA, or any entity that the Secretary of State has reason
to believe is owned or controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds appropriated by this
Act under the first paragraph under the heading ``Democracy
Fund'', not less than $4,000,000 shall be made available for
democracy and Internet freedom programs for Hong Kong,
including legal and other support for democracy activists.
(B) Restrictions on assistance.--None of the funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for Hong Kong
should be obligated for assistance for the Government of the
People's Republic of China and the Chinese Communist Party or
any entity acting on their behalf in Hong Kong.
(C) Report.--The report required under section
7043(f)(3)(C) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division K of
Public Law 116-260) shall be updated and submitted to the
Congress in the manner described.
(g) Philippines.--None of the funds appropriated by this Act may be
made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction: Provided, That not later than 45 days
after enactment of this Act, the Secretary of State shall update the
report required under this heading in Senate Report 116-126 and
indicate how the findings in such report are reflected in United States
assistance for the armed forces of the Philippines.
(h) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to support financing of projects in Tibet if
such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of
ownership of Tibetan land and natural resources to non-Tibetans,
are based on a thorough needs-assessment, foster self-sufficiency
of the Tibetan people and respect Tibetan culture and traditions,
and are subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $10,000,000 shall be made
available to nongovernmental organizations with experience
working with Tibetan communities to support activities which
preserve cultural traditions and promote sustainable
development, education, and environmental conservation in
Tibetan communities in the Tibet Autonomous Region and in other
Tibetan communities in China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development of the
next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds
shall be administered by the United States Agency for
International Development.
(3) Tibetan institutes promoting democracy and religious
freedom.--Funds appropriated by this Act that are made available
for the Countering PRC Influence Fund shall be made available, on a
competitive basis, as grants for operations and program expenses of
one or more Tibetan institutes established by Tibetan nationals and
located in Asia, a purpose of which is to support democracy and
religious freedom in Tibet and the People's Republic of China:
Provided, That such funds shall be the responsibility of the
Assistant Secretary of State for Democracy, Human Rights, and Labor
in coordination with the United States Special Coordinator for
Tibetan Issues, and shall be in addition to funds otherwise made
available for such purposes.
(i) Vietnam.--Of the funds appropriated under titles III and IV of
this Act, not less than $181,000,000 shall be made available for
assistance for Vietnam, of which not less than--
(1) $15,000,000 shall be made available for health and
disability programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities that may be
related to the use of Agent Orange and exposure to dioxin;
(2) $20,000,000 shall be made available, notwithstanding any
other provision of law, for activities related to the remediation
of dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the
military, for such purposes;
(3) $2,000,000 shall be made available for a Reconciliation/
Vietnamese Wartime Accounting Initiative; and
(4) $15,000,000 shall be made available for higher education
programs.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) None of the funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs and made available for assistance
for Afghanistan may be made available for direct assistance to the
Taliban.
(2) Afghan special immigrant visas.--Funds appropriated or
otherwise made available by this Act under the heading
``Administration for Foreign Affairs'' shall be made available for
additional Department of State personnel necessary to eliminate
processing backlogs and expedite adjudication of Afghan Special
Immigrant Visa cases.
(3) Report.--Not later than 45 days after enactment of the Act,
the Secretary of State and the USAID Administrator shall submit a
report to the appropriate congressional committees detailing plans,
consistent with the limitation contained in paragraph (1), to--
(A) protect and strengthen the rights of Afghan women and
girls;
(B) support higher education programs, including continued
support for the American University of Afghanistan's (AUAF)
online programs and support for other higher education
institutions in South Asia and the Middle East that are hosting
AUAF and other Afghan students;
(C) support Afghan civil society activists, journalists,
and independent media, including in third countries; and
(D) support health, education, including community-based
education, and other programs to address the basic needs of the
people of Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act that are made available for assistance for Bangladesh--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and association, and the
right of due process; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall be made
available for such programs for the Rohingya community in
Bangladesh.
(c) Nepal.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available for
assistance for Nepal shall only be made available for humanitarian and
disaster relief and reconstruction activities, and in support of
international peacekeeping operations, military professionalization and
training, and border security activities: Provided, That such funds
may only be made available for additional uses if the Secretary of
State certifies and reports to the Committees on Appropriations that
the Government of Nepal is investigating and prosecuting violations of
human rights and the laws of war by the Nepal Army, and the Nepal Army
is cooperating fully with civilian judicial authorities in such cases.
(d) Pakistan.--
(1) Assistance.--
(A) Security assistance.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Bilateral economic assistance.--Prior to the obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central
Government of Pakistan, the Secretary of State shall submit a
report to the appropriate congressional committees detailing--
(i) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported
by, affiliated with, or run by the Taliban or any domestic
or foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such government in
issuing visas in a timely manner for United States
visitors, including officials and representatives of
nongovernmental organizations, engaged in assistance and
security programs in Pakistan;
(iii) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected
by conflict in Pakistan and the region; and
(iv) the extent to which such government is
strengthening democracy in Pakistan, including protecting
freedom of expression, assembly, and religion.
(2) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are made
available for assistance for Pakistan shall be made available
to interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture improvised explosive devices and
for agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual use
of fertilizer in the manufacturing of improvised explosive
devices.
(C) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' shall
be made available for border security programs in Pakistan,
following consultation with the Committees on Appropriations.
(D) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy and for gender
programs in Pakistan.
(3) Withholding.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Pakistan, $33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on Appropriations that
Dr. Shakil Afridi has been released from prison and cleared of all
charges relating to the assistance provided to the United States in
locating Osama bin Laden.
(4) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan: Provided, That the
Secretary shall inform the Committees on Appropriations of such
steps in a timely manner.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this Act
shall be made available for assistance for Sri Lanka for democracy
and economic development programs, particularly in areas recovering
from ethnic and religious conflict.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports to
the Committees on Appropriations that such Government is taking
effective and consistent steps to--
(A) protect the rights and freedoms of the people of Sri
Lanka regardless of ethnicity and religious belief, including
by investigating violations of human rights and the laws of war
and holding perpetrators of such violations accountable;
(B) increase transparency and accountability in governance
and reduce corruption;
(C) assert its sovereignty against influence by the
People's Republic of China; and
(D) promote reconciliation between ethnic and religious
groups, particularly arising from past conflict in Sri Lanka,
including by--
(i) addressing land confiscation and ownership issues;
(ii) resolving cases of missing persons, including by
maintaining a functioning office of missing persons;
(iii) reducing the presence of the armed forces in
former conflict zones and restructuring the armed forces
for a peacetime role that contributes to post-conflict
reconciliation and regional security;
(iv) repealing or amending laws on arrest and detention
by security forces to comply with international standards;
and
(v) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism for
resolving cases of war crimes:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance and
disaster relief; to protect human rights, locate and identify
missing persons, and assist victims of torture and trauma; to
promote justice, accountability, and reconciliation; to enhance
maritime security and domain awareness; to promote fiscal
transparency and sovereignty; and for International Military
Education and Training.
(3) Limitation.--None of the funds appropriated by this Act may
be made available for assistance for the Sri Lankan armed forces,
except for humanitarian assistance, disaster relief, instruction in
human rights and related curricula development, and maritime
security and domain awareness, including professionalization and
training for the navy and coast guard.
(4) Consultation.--Funds made available for assistance for Sri
Lanka other than for the purposes specified in paragraph (1) shall
be subject to prior consultation with the Committees on
Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall be
made available for assistance for countries in South and Central Asia
to significantly increase the recruitment, training, and retention of
women in the judiciary, police, and other security forces, and to train
judicial and security personnel in such countries to prevent and
address gender-based violence, human trafficking, and other practices
that disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Funds appropriated by this Act under titles
III and IV shall be made available for assistance for Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama,
including through the Central America Regional Security Initiative:
Provided, That such assistance shall be prioritized for programs
that address the violence, poverty, corruption, and other factors
that contribute to irregular migration, particularly of
unaccompanied minors, to the United States, including for programs
to reduce violence against women and girls, protect the rights of
Indigenous people, support civil society and other independent
institutions, enhance economic opportunity, combat corruption and
impunity, and dismantle illegal armed groups and drug trafficking
organizations.
(A) Of the funds made available pursuant to paragraph (1)--
(i) Not less than $61,500,000 shall be made available
to support entities and activities to combat corruption and
impunity in such countries, including, as appropriate,
offices of Attorneys General; and
(ii) Not less than $70,000,000 shall be made available
for programs to reduce violence against women and girls:
Provided, That of such funds, up to $15,000,000 shall be
made available to support bilateral compacts with the
governments of such countries for the specific purpose of
strengthening their capacity to protect women and children
from domestic violence, sexual assault, trafficking, and
child abuse or neglect, including by holding perpetrators
accountable.
(B) Within the funds made available pursuant to paragraph
(1) and made available for assistance for El Salvador,
Guatemala, and Honduras, not less than $100,000,000 should be
made available for programs that support locally-led
development in such countries: Provided, That up to 15 percent
of the funds made available to carry out this subparagraph may
be used by the Administrator of the United States Agency for
International Development for administrative and oversight
expenses related to the purposes of this subparagraph:
Provided further, That the USAID Administrator shall consult
with the Committees on Appropriations on the planned uses of
funds to carry out this subparagraph prior to the initial
obligation of funds: Provided further, That such funds shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) Funds made available pursuant to paragraph (1) shall be
made available for a program in El Salvador, Guatemala, and
Honduras which shall be referred to as the Central America
Youth Empowerment Program (CAYEP) and shall be implemented in
accordance with the guidelines under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
the goal of the CAYEP shall be to create measurable reductions
in migration from targeted communities in such countries by
recruiting young people to engage in COVID-19 response,
hurricane preparedness and recovery, and other community
projects, while having secondary impacts by channeling
additional income into local economies and providing needed
skills training for future employment in local businesses:
Provided further, That funds made available to support the
CAYEP should be matched with contributions from private donors
and local governments: Provided further, That the spend plan
required by section 7062(b)(1)(A) of this Act for countries in
Central America shall include specific amounts planned for the
CAYEP: Provided further, That not later than 90 days after
enactment of this Act, the USAID Administrator shall consult
with the Committees on Appropriations on the requirements of
this subparagraph.
(D) Of the funds made available pursuant to paragraph (1),
not more than the amount specified in section 7045(a)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260) may
be obligated until the Secretary of State or the USAID
Administrator, as appropriate, submits to the Committees on
Appropriations the spend plan required by section 7062(b)(1)(A)
of this Act: Provided, That not less than 15 days prior to the
submission of such plan the Secretary or USAID Administrator,
as appropriate, shall consult with the Committees on
Appropriations concerning such plan.
(2) Limitation on assistance to certain central governments.--
(A) Of the funds made available pursuant to paragraph (1)
under the heading ``Economic Support Fund'' and under title IV
of this Act that are made available for assistance for each of
the central governments of El Salvador, Guatemala, and
Honduras, 60 percent may only be obligated after the Secretary
of State certifies and reports to the Committees on
Appropriations that such government is--
(i) combating corruption and impunity, including
investigating and prosecuting government officials,
military personnel, and police officers credibly alleged to
be corrupt;
(ii) implementing reforms, policies, and programs to
strengthen the rule of law, including increasing the
transparency of public institutions, strengthening the
independence of judicial and electoral institutions, and
improving the transparency of political campaign and
political party financing;
(iii) protecting the rights of human rights defenders,
trade unionists, journalists, civil society groups,
opposition political parties, and the independence of the
media;
(iv) providing effective and accountable law
enforcement and security for its citizens, curtailing the
role of the military in public security, and upholding due
process of law;
(v) implementing policies to reduce poverty and promote
economic growth and opportunity, including the
implementation of reforms to strengthen educational
systems, vocational training programs, and programs for at-
risk youth;
(vi) improving border security and combating human
smuggling and trafficking and countering the activities of
criminal gangs, drug traffickers, and transnational
criminal organizations;
(vii) informing its citizens of the dangers of the
journey to the southwest border of the United States; and
(viii) implementing policies that improve the
environment for foreign investment, including executing tax
reform in a transparent manner, ensuring effective legal
mechanisms for reimbursements of tax refunds owed to United
States businesses, and resolving disputes involving the
confiscation of real property of United States entities.
(B) Reprogramming.--If the Secretary is unable to make the
certification required by subparagraph (A) for one or more of
the central governments, such assistance shall be reprogrammed
for assistance for civil society organizations in such country,
or for other countries in Latin America and the Caribbean,
notwithstanding the funding provisions in this subsection and
the limitations in section 7019 of this Act: Provided, That
any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) judicial entities and activities related to
combating corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) programs to promote and protect human rights,
including those of Indigenous communities and Afro-
descendants;
(iv) humanitarian assistance; and
(v) food security programs.
(D) Foreign military financing program.--None of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' may be made available for assistance for El
Salvador, Guatemala, or Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $471,375,000 should be made
available for assistance for Colombia: Provided, That such funds
shall be made available for the programs and activities described
under this section in House Report 117-84: Provided further, That
of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' and made
available for assistance pursuant to this paragraph, not less than
$40,000,000 shall be made available to enhance rural security in
coca producing municipalities and other municipalities with high
levels of illicit activities: Provided further, That funds made
available pursuant to the preceding proviso shall be prioritized in
such municipalities that are also targeted for assistance programs
that provide viable economic alternatives and improve access to
public services.
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for
Colombia, 20 percent may be obligated only if the Secretary of
State certifies and reports to the Committees on Appropriations
that--
(i) the Government of Colombia is implementing an
effective whole-of-government strategy to substantially and
sustainably reduce coca cultivation and cocaine production
levels in Colombia, including by prioritizing funding to
enhance rural security in coca producing municipalities;
(ii) such strategy is in accordance with the 2016 peace
accord between the Government of Colombia and the
Revolutionary Armed Forces of Colombia; and
(iii) the Government of Colombia is taking effective
steps to dismantle drug trafficking networks and to assist
farmers in eradicating and sustainably replacing coca.
(B) Human rights.--(i) Of the funds appropriated by this
Act under the heading ``Foreign Military Financing Program''
and made available for assistance for Colombia, 20 percent may
be obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that--
(I) the Special Jurisdiction for Peace and other
judicial authorities, as appropriate, are sentencing
perpetrators of gross violations of human rights,
including those with command responsibility, to
deprivation of liberty;
(II) the Government of Colombia is making
consistent progress in reducing threats and attacks
against human rights defenders and other civil society
activists, and judicial authorities are prosecuting and
punishing those responsible for ordering and carrying
out such attacks;
(III) the Government of Colombia is making
consistent progress in protecting Afro-Colombian and
Indigenous communities and is respecting their rights
and territories; and
(IV) military officers credibly alleged, or whose
units are credibly alleged, to be responsible for
ordering, committing, and covering up cases of false
positives and other extrajudicial killings, or of
committing other gross violations of human rights, or
of conducting illegal communications intercepts or
other illicit surveillance, are being held accountable,
including removal from active duty if found guilty
through criminal, administrative, or disciplinary
proceedings.
(ii) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' and made available for assistance for the
Colombian National Police, five percent may be obligated
only if the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Colombia is bringing to justice the police personnel who
ordered, directed, and used excessive force and engaged in
other illegal acts against protesters in 2020 and 2021.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs and made available
for assistance for Colombia may be used to transport personnel and
supplies involved in drug eradication and interdiction, including
security for such activities, and to provide transport in support
of alternative development programs and investigations by civilian
judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the Government
of Colombia and illegal armed groups.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act that are
made available for assistance for Haiti may only be made available
for the central Government of Haiti if the Secretary of State
certifies and reports to the appropriate congressional committees
that a new President and Parliament have taken office after free
and fair elections, or the country is being led by a transitional
governing authority that is broadly representative of Haitian
society, and it is in the national interest of the United States to
provide such assistance.
(2) Exceptions.--Notwithstanding paragraph (1), funds may be
made available to support--
(A) free and fair elections;
(B) anti-gang police and administration of justice
programs, including to reduce pre-trial detention and eliminate
inhumane prison conditions;
(C) public health, food security, water and sanitation,
education, and other programs to meet basic human needs; and
(D) disaster relief and recovery.
(3) Notification.--Funds appropriated by this Act that are made
available for assistance for Haiti shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(4) Prohibition.--None of the funds appropriated or otherwise
made available by this Act may be used for assistance for the armed
forces of Haiti.
(5) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(d) Nicaragua.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $15,000,000 shall be
made available for democracy programs for Nicaragua, including to
support civil society.
(e) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $80,000,000 shall be made available
for the Caribbean Basin Security Initiative.
(f) Venezuela.--(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $40,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs shall be made available for assistance for
communities in countries supporting or otherwise impacted by refugees
from Venezuela, including Colombia, Peru, Ecuador, Curacao, and
Trinidad and Tobago: Provided, That such amounts are in addition to
funds otherwise made available for assistance for such countries,
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Georgia.--Of the funds appropriated by this Act
under titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this Act, funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States: Provided further, That prior
to executing the authority contained in the previous proviso, the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under title V
of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section
1424 of the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United States
and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the United States International Development Finance
Corporation as authorized by the BUILD Act of 2018 (division F of
Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act of
1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate (TPPD)
under Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
unless the Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD who are named in the
July 17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have returned to
the United States to stand trial in connection with the offenses
contained in such indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not apply to the
use of funds made available by this Act for border security purposes,
for North Atlantic Treaty Organization or coalition operations, or to
enhance the protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by this Act
may be made available for assistance for the central government of
a country that the Secretary of State determines and reports to the
Committees on Appropriations has taken affirmative steps intended
to support or be supportive of the Russian Federation annexation of
Crimea or other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do so
is in the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act may
be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities.
(3) International financial institutions.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance by such institution
(including any loan, credit, grant, or guarantee) for any program
that violates the sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over Crimea and
other territory in Ukraine under the control of Russian-backed
separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this Act
may be made available for assistance for the central government of
a country that the Secretary of State determines and reports to the
Committees on Appropriations has recognized the independence of, or
has established diplomatic relations with, the Russian Federation
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: Provided, That the Secretary shall publish on the
Department of State website a list of any such central governments
in a timely manner: Provided further, That the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of the
United States, and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act may
be made available to support the Russian Federation occupation of
the Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia.
(3) International financial institutions.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance by such institution
(including any loan, credit, grant, or guarantee) for any program
that violates the sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act under
the headings ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $295,000,000 shall be
made available to carry out the purposes of the Countering Russian
Influence Fund, as authorized by section 254 of the Countering
Russian Influence in Europe and Eurasia Act of 2017 (Public Law
115-44; 22 U.S.C. 9543) and notwithstanding the country limitation
in subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries in
Europe, Eurasia, and Central Asia and strengthen security
cooperation between such countries and the United States and the
North Atlantic Treaty Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this Act and
made available for assistance for the Eastern Partnership countries
shall be made available to advance the implementation of
Association Agreements and trade agreements with the European
Union, and to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: Provided, That of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
not less than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority rights, and
programs to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later than 180
days after enactment of this Act, the Secretary of State shall report
to the Committees on Appropriations whether each organization,
department, or agency receiving a contribution from funds appropriated
by this Act under the headings ``Contributions to International
Organizations'' and ``International Organizations and Programs''--
(1) is posting on a publicly available website, consistent with
privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or agency,
and providing the United States Government with necessary access to
such financial and performance audits;
(2) has submitted a report to the Department of State, which
shall be posted on the Department's website in a timely manner,
demonstrating that such organization is effectively implementing
and enforcing policies and procedures which meet or exceed best
practices in the United States for the protection of whistleblowers
from retaliation, including--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration;
and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the government
of which the Secretary of State has determined, for purposes of
section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country the
government of which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section 1754(c) of the
Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or any other
provision of law, is a government that has repeatedly provided
support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the restriction
in this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
national interest of the United States, including a description of
the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members
to such Council: Provided, That such report shall include a
description of the national interest served and the steps taken to
remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2022, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), the Secretary of State shall report to the Committees on
Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations
and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements under
section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality of its
facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure they
are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure it is
operating in compliance with the conditions of section 301(c) of
the Foreign Assistance Act of 1961 and continuing regular reporting
to the Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and summer
camps is consistent with the values of human rights, dignity, and
tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions or
related entities in violation of relevant United States law, and is
taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely fashion
the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2022 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State shall withhold assistance to any unit of the
security forces of a foreign country if the Secretary has credible
information that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such country is
taking effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country subject
to any withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the maximum
extent practicable, assist such government in bringing the responsible
members of such unit to justice.
(h) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the second
proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act or section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2023: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds may be made available for
technical assistance, training, assistance for victims, protection of
witnesses, and law enforcement support related to international
investigations, apprehensions, prosecutions, and adjudications of
genocide, crimes against humanity, and war crimes: Provided further,
That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members and other
United States citizens or nationals, or nationals of the North Atlantic
Treaty Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance Act of
1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2022 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$77,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act under
the headings ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' that are made
available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace, the Department of State International
Cyberspace Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public Law 114-113),
and the comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section 414 of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention
tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and
maintenance of the technological advantage of the United States
Government over such censorship techniques: Provided, That the
Secretary of State, in consultation with the United States
Agency for Global Media Chief Executive Officer (USAGM CEO) and
the President of the Open Technology Fund (OTF), shall
coordinate any such research and development programs with
other relevant United States Government departments and
agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such
technologies; and
(E) made available only with the concurrence of the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, that such funds are allocated consistent
with--
(i) the strategies referenced in subparagraph (B) of
this paragraph;
(ii) best practices regarding security for, and
oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship technology
and tools.
(2) United states agency for global media.--Funds appropriated
by this Act under the heading ``International Broadcasting
Operations'' that are made available pursuant to subsection (a)
shall be--
(A) made available only for open-source tools and
techniques to securely develop and distribute USAGM digital
content, facilitate audience access to such content on websites
that are censored, coordinate the distribution of USAGM digital
content to targeted regional audiences, and to promote and
distribute such tools and techniques, including digital
security techniques;
(B) coordinated by the USAGM CEO, in consultation with the
OTF President, with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall be
incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the USAGM CEO, in consultation with the
OTF President, to solicit project proposals through an open,
transparent, and competitive process, seek input from technical
and subject matter experts to select proposals, and support
Internet circumvention tools and techniques for audiences in
countries that are strategic priorities for the OTF and in a
manner consistent with the United States Government Internet
freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in subparagraph (A) only after
the USAGM CEO, in consultation with the Secretary of State, the
OTF President, and other relevant United States Government
departments and agencies, evaluates the risks and benefits of
such new tools or techniques, and establishes safeguards to
minimize the use of such new tools or techniques for illicit
purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the USAGM CEO, in consultation with the OTF President,
shall submit to the Committees on Appropriations spend plans for funds
made available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards established
by relevant agencies to ensure that such programs are not used for
illicit purposes: Provided, That the Department of State spend plan
shall include funding for all such programs for all relevant Department
of State and United States Agency for International Development offices
and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support open-source technologies that undergo comprehensive security
audits consistent with the requirements of the Bureau of Democracy,
Human Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to individuals and
organizations benefiting from programs supported by such funds:
Provided, That the security auditing procedures used by such Bureau
shall be reviewed and updated periodically to reflect current industry
security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by the
Department of State and the United States Agency for International
Development with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under the
authority of the appropriate Chief of Mission: Provided, That such
aircraft may be used to transport, on a reimbursable or non-
reimbursable basis, Federal and non-Federal personnel supporting
Department of State and USAID programs and activities: Provided
further, That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without reimbursement
when traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with the
use of aircraft owned, leased, or chartered by the Department of
State may be credited to the Working Capital Fund of the Department
and shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is the
transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2021''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International Narcotics
Control and Law Enforcement'', ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Assistance'')
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
assistance for innocent victims of conflict
Sec. 7056. Not later than 90 days after enactment of this Act, the
Administrator of the United States Agency for International Development
shall establish a fund, which shall be referred to as the ``Marla
Ruzicka Fund for Innocent Victims of Conflict'' (the ``Marla Fund''),
to provide assistance to civilians harmed as a result of military
operations in Iraq, Afghanistan, Syria, and Yemen: Provided, That of
the funds appropriated under title III of this Act, not less than
$10,000,000 shall be made available for the Marla Fund: Provided
further, That the USAID Administrator shall consult with the Committees
on Appropriations not later than 60 days after enactment of this Act
regarding the establishment and implementation of the Marla Fund.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2022, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations indicating the amount of funds that UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA plans
to spend funds for a country program in the People's Republic of
China in the year covered by the report, then the amount of such
funds UNFPA plans to spend in the People's Republic of China shall
be deducted from the funds made available to UNFPA after March 1
for obligation for the remainder of the fiscal year in which the
report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate the
capacity of countries to prevent, detect, and respond to infectious
disease outbreaks by strengthening public health capacity where
there is a high risk of emerging zoonotic infectious diseases,
including as described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That not later than 60 days after enactment of
this Act, the USAID Administrator and the Secretary of State, as
appropriate, shall consult with the Committees on Appropriations on
the planned uses of such funds.
(2) International financing mechanism.--Funds appropriated by
this Act under the heading ``Global Health Programs'' may be made
available for a contribution to an international financing
mechanism for pandemic preparedness.
(3) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that an
international infectious disease outbreak is sustained, severe, and
is spreading internationally, or that it is in the national
interest to respond to a Public Health Emergency of International
Concern, not to exceed an aggregate total of $200,000,000 of the
funds appropriated by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', ``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(4) Emergency reserve fund.--Up to $100,000,000 of the funds
made available under the heading ``Global Health Programs'' may be
made available for the Emergency Reserve Fund established pursuant
to section 7058(c)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017 (division
J of Public Law 115-31): Provided, That such funds shall be made
available under the same terms and conditions of such section.
(5) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--Notwithstanding any other provision of law, none
of the funds made available by this Act may be made available to the
Wuhan Institute of Virology located in the City of Wuhan in the
People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--
(1) Gender equality.--Funds appropriated by this Act shall be
made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the economic participation and opportunities for
political leadership, and protecting the rights of women and girls
worldwide.
(2) Women's economic empowerment.--Funds appropriated by this
Act are available to implement the Women's Entrepreneurship and
Economic Empowerment Act of 2018 (Public Law 115-428): Provided,
That the Secretary of State and the Administrator of the United
States Agency for International Development, as appropriate, shall
consult with the Committees on Appropriations on the implementation
of such Act.
(3) Gender equity and equality action fund.--Of the funds
appropriated under title III of this Act, up to $200,000,000 may be
made available for the Gender Equity and Equality Action Fund.
(b) Women's Leadership.--Of the funds appropriated under title III
of this Act, not less than $50,000,000 shall be made available for
programs specifically designed to increase leadership opportunities for
women in countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for women's
political status, expanding women's participation in political parties
and elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local, provincial,
and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of this
Act, not less than $175,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to gender-
based violence in countries where it is common in conflict and non-
conflict settings.
(2) Funds appropriated under titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall promote
the integration of women into the police and other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not less than
$135,000,000 should be made available to support a multi-year strategy
to expand, and improve coordination of, United States Government
efforts to empower women as equal partners in conflict prevention,
peace building, transitional processes, and reconstruction efforts in
countries affected by conflict or in political transition, and to
ensure the equitable provision of relief and recovery assistance to
women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $950,000,000 shall be made available for the Nita
M. Lowey Basic Education Fund, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That such
funds shall also be used for secondary education activities:
Provided further, That of the funds made available by this
paragraph, $150,000,000 should be available for the education
of girls in areas of conflict: Provided further, That section
7(a) of Public Law 115-56 shall be implemented by substituting
``the thirtieth day of June following'' for ``180 days after''.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$150,000,000 shall be made available for contributions to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title III
of this Act, not less than $250,000,000 shall be made available for
assistance for higher education: Provided, That such funds may be
made available notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of such amount, not less
than $35,000,000 shall be made available for new and ongoing
partnerships between higher education institutions in the United
States and developing countries focused on building the capacity of
higher education institutions and systems in developing countries:
Provided further, That not later than 45 days after enactment of
this Act, the USAID Administrator shall consult with the Committees
on Appropriations on the proposed uses of funds for such
partnerships.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $18,500,000
shall be made available for USAID cooperative development programs and
not less than $31,500,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,010,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195): Provided, That funds may be made available
for a contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended
by section 3310 of the Agriculture Improvement Act of 2018 (Public Law
115-334).
(d) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(e) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $106,400,000 shall be made available for activities to
combat trafficking in persons internationally, including for the
Program to End Modern Slavery, of which not less than $77,000,000 shall
be from funds made available under the heading ``International
Narcotics Control and Law Enforcement'': Provided, That funds made
available by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to combat
trafficking in persons should be obligated and programmed consistent
with the country-specific recommendations included in the annual
Trafficking in Persons Report, and shall be coordinated with the Office
to Monitor and Combat Trafficking in Persons, Department of State.
(f) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $25,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic, racial,
religious, and political backgrounds from areas of civil strife and
war: Provided, That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government:
Provided further, That such funds shall be administered by the Center
for Conflict and Violence Prevention, USAID.
(g) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $475,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $237,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $17,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
(h) Deviation.--Unless otherwise provided for by this Act, the
Secretary of State and the Administrator of the United States Agency
for International Development, as applicable, may deviate below the
minimum funding requirements designated in sections 7059, 7060, and
7061 of this Act by up to 10 percent, notwithstanding such designation:
Provided, That concurrent with the submission of the report required
by section 653(a) of the Foreign Assistance Act of 1961, the Secretary
of State shall submit to the Committees on Appropriations in writing
any proposed deviations utilizing such authority that are planned at
the time of submission of such report: Provided further, That any
deviations proposed subsequent to the submission of such report shall
be subject to prior consultation with such Committees: Provided
further, That not later than November 1, 2023, the Secretary of State
shall submit a report to the Committees on Appropriations on the use of
the authority of this subsection.
environment programs
Sec. 7061. (a) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part II, of
the Foreign Assistance Act of 1961 may be used, notwithstanding any
other provision of law, except for the provisions of this section and
only subject to the reporting procedures of the Committees on
Appropriations, to support environment programs.
(b)(1) Of the funds appropriated under title III of this Act, not
less than $385,000,000 shall be made available for biodiversity
conservation programs.
(2) Not less than $125,000,000 of the funds appropriated under
titles III and IV of this Act shall be made available to combat the
transnational threat of wildlife poaching and trafficking.
(3) None of the funds appropriated under title IV of this Act may
be made available for training or other assistance for any military
unit or personnel that the Secretary of State determines has been
credibly alleged to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the appropriate
congressional committees that to do so is in the national security
interest of the United States.
(4) Funds appropriated by this Act for biodiversity programs shall
not be used to support the expansion of industrial scale logging,
agriculture, livestock production, mining, or any other industrial
scale extractive activity into areas that were primary/intact tropical
forests as of December 30, 2013, and the Secretary of the Treasury
shall instruct the United States executive directors of each
international financial institution (IFI) to use the voice and vote of
the United States to oppose any financing of any such activity.
(c) The Secretary of the Treasury shall instruct the United States
executive director of each IFI that it is the policy of the United
States to use the voice and vote of the United States, in relation to
any loan, grant, strategy, or policy of such institution, regarding the
construction of any large dam consistent with the criteria set forth in
Senate Report 114-79, while also considering whether the project
involves important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act, not less
than $185,000,000 shall be made available for sustainable landscapes
programs.
(e) Of the funds appropriated under title III of this Act, not less
than $270,000,000 shall be made available for adaptation programs,
including in support of the implementation of the Indo-Pacific
Strategy.
(f) Of the funds appropriated under title III of this Act, not less
than $260,000,000 shall be made available for clean energy programs,
including in support of carrying out the purposes of the Electrify
Africa Act (Public Law 114-121) and implementing the Power Africa
initiative.
(g) Funds appropriated by this Act under title III may be made
available for United States contributions to the Adaptation Fund and
the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act, not less
than $50,000,000 shall be made available for the purposes enumerated
under section 7060(c)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021 (division K
of Public Law 116-260): Provided, That such funds may only be made
available following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act, not less
than $20,000,000 shall be made available to support civil society
advocacy organizations in developing countries that are working to
prevent toxic pollutants and other harm to the environment, and to
support such organizations that are working to prevent the poaching and
trafficking of endangered species, as described under this section in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days after
enactment of this Act, each department, agency, or organization funded
in titles I, II, and VI of this Act, and the Department of the Treasury
and Independent Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African Development
Foundation, shall submit to the Committees on Appropriations an
operating plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available
for obligation in fiscal year 2022, that provides details of the uses
of such funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison between the
congressional budget justification funding levels, the most recent
congressional directives or approved funding levels, and the funding
levels proposed by the department or agency; and a clear, concise, and
informative description/justification: Provided further, That
operating plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made available
by this Act for--
(A) assistance for countries in Central America;
(B) assistance made available pursuant to section 7047(d)
of this Act to counter Russian influence, except that such plan
shall be on a country-by-country basis;
(C) assistance made available pursuant to section 7059 of
this Act;
(D) the Indo-Pacific Strategy and the Countering PRC
Influence Fund;
(E) democracy programs, the Power Africa and Prosper Africa
initiatives, and sectors enumerated in subsections (a), (c),
(d), (e), (f), and (g) of section 7060 of this Act;
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include bilateral
and global programs funded under such heading along with a
brief description of the activities planned for each country;
(G) implementation of the Global Fragility Act of 2019
(title V of division J of Public Law 116-94); and
(H) the Caribbean Basin Security Initiative; the Central
America Regional Security Initiative; the Trans-Saharan
Counterterrorism Partnership; the Partnership for Regional East
Africa Counterterrorism; the Global Peace Operations
Initiative; the Africa Regional Counterterrorism program; and
the Counterterrorism Partnerships Fund.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2023:
Provided, That the appendices for such justification shall be provided
to the Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in subsection (b) by the Department of State, the
United States Agency for International Development, or any other
Federal department, agency, or organization funded by this Act without
prior consultation by the head of such department, agency, or
organization with the appropriate congressional committees: Provided,
That such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That any such
notification submitted to such Committees shall include a detailed
justification for any proposed action: Provided further, That
congressional notifications submitted in prior fiscal years pursuant to
similar provisions of law in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil Service,
Foreign Service, eligible family member, and locally employed staff
workforce of the Department of State and USAID from the staffing
levels previously justified to the Committees on Appropriations for
fiscal year 2022.
department of state management
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by this
Act or otherwise made available to the Department of State for payments
to the Working Capital Fund that are made available for new service
centers, shall be subject to the regular notification procedures of the
Committees on Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of this
Act that are made available to a Department of State bureau or
office with responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or office
basis, that such bureau or office is in compliance with Department
and Federal financial and grants management policies, procedures,
and regulations, as applicable.
(2) Considerations.--When making a certification required by
paragraph (1), the Secretary of State shall consider the capacity
of a bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall submit
a plan and timeline detailing the steps to be taken to bring such
bureau or office into compliance.
(c) Internships.--The Department of State may offer compensated
internships, and select, appoint, employ for not more than 52 weeks,
and remove any such compensated intern without regard to the provisions
of law governing appointments in the competitive service.
(d) Information Technology Platform.--None of the funds
appropriated in title I of this Act under the heading ``Administration
of Foreign Affairs'' may be made available for a new major information
technology (IT) investment without the concurrence of the Chief
Information Officer, Department of State.
united states agency for international development management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2023.
(c) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Bureau
for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--
(1) Funds and transfer authority.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'', not less than $125,000,000 shall be made
available for the purposes of the Prevention and Stabilization
Fund, as authorized by, and for the purposes enumerated in, section
509(a) of the Global Fragility Act of 2019 (title V of division J
of Public Law 116-94), of which $25,000,000 may be made available
for the Multi-Donor Global Fragility Fund authorized by section
510(c) of such Act: Provided, That such funds appropriated under
such headings may be transferred to, and merged with, funds
appropriated under such headings: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on
Appropriations.
(2) Transitional justice.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that are
made available for the Prevention and Stabilization Fund, not less
than $10,000,000 shall be made available for programs to promote
accountability for genocide, crimes against humanity, and war
crimes, which shall be in addition to any other funds made
available by this Act for such purposes: Provided, That such
programs shall include components to develop local investigative
and judicial skills, and to collect and preserve evidence and
maintain the chain of custody of evidence, including for use in
prosecutions, and may include the establishment of, and assistance
for, transitional justice mechanisms: Provided further, That such
funds shall be administered by the Special Coordinator for the
Office of Global Criminal Justice, Department of State, and shall
be subject to prior consultation with the Committees on
Appropriations: Provided further, That funds made available by
this paragraph shall be made available on an open and competitive
basis.
(b) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available to the Global
Community Engagement and Resilience Fund (GCERF), including as a
contribution: Provided, That any such funds made available for the
GCERF shall be made available on a cost-matching basis from sources
other than the United States Government, to the maximum extent
practicable, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Global Concessional Financing Facility.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' may be made
available for the Global Concessional Financing Facility of the World
Bank to provide financing to support refugees and host communities:
Provided, That such funds should be in addition to funds allocated for
bilateral assistance in the report required by section 653(a) of the
Foreign Assistance Act of 1961, and may only be made available subject
to prior to consultation with the Committees on Appropriations:
Provided further, That such funds may be transferred to the Department
of the Treasury.
debt-for-development
Sec. 7067. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
enterprise funds
Sec. 7068. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
extension of consular fees and related authorities
Sec. 7069. (a) Section 1(b)(1) of the Passport Act of June 4, 1920
(22 U.S.C. 214(b)(1)) shall be applied through fiscal year 2022 by
substituting ``the costs of providing consular services'' for ``such
costs''.
(b) Section 21009 of the Emergency Appropriations for Coronavirus
Health Response and Agency Operations (division B of Public Law 116-
136; 134 Stat. 592) shall be applied during fiscal year 2022 by
substituting ``2020, 2021, and 2022'' for ``2020 and 2021''.
(c) Discretionary amounts made available to the Department of State
under the heading ``Administration of Foreign Affairs'' of this Act,
and discretionary unobligated balances under such heading from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, may be transferred to the Consular
and Border Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations that to do
so is necessary to sustain consular operations, following consultation
with such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this Act and
under any other provision of law: Provided further, That no amounts
may be transferred from amounts designated as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2022, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
(e) Beginning on October 1, 2021 and for each fiscal year
thereafter, fees collected pursuant to subsection (a) of section 1 of
the Passport Act of June 4, 1920 (22 U.S.C. 214(a)) shall,
notwithstanding such subsection, be deposited in the Consular and
Border Security Programs account as discretionary offsetting receipts:
Provided, That amounts deposited in fiscal year 2022 shall remain
available until expended for the purposes of such account: Provided
further, That the Secretary of State may by regulation authorize State
officials or the United States Postal Service to collect and retain the
execution fee for each application for a passport accepted by such
officials or by that Service.
(f) Amounts provided pursuant to subsections (a), (b), and (d) are
designated by the Congress as being for an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
organization of american states
Sec. 7070. (a) The Secretary of State shall instruct the United
States Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to: (1) implement
budgetary reforms and efficiencies within the Organization; (2)
eliminate arrears, increase other donor contributions, and impose
penalties for successive late payment of assessments; (3) prevent
programmatic and organizational redundancies and consolidate
duplicative activities and functions; (4) prioritize areas in which the
OAS has expertise, such as strengthening democracy, monitoring
electoral processes, and protecting human rights; and (5) implement
reforms within the Office of the Inspector General (OIG) to ensure the
OIG has the necessary integrity, professionalism, independence,
policies, and procedures to properly carry out its responsibilities in
a manner that meets or exceeds best practices in the United States.
(b) Prior to the obligation of funds appropriated by this Act and
made available for an assessed contribution to the Organization of
American States, but not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees on
Appropriations on actions taken or planned to be taken pursuant to
paragraph (a).
protective services
Sec. 7071. Of the funds appropriated under the heading
``Diplomatic Programs'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, except for funds designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, up to
$30,000,000 may be made available to provide protective services to
former or retired senior Department of State officials or employees
that the Secretary of State, in consultation with the Director of
National Intelligence, determines and reports to congressional
leadership and the appropriate congressional committees, face a serious
and credible threat from a foreign power or the agent of a foreign
power arising from duties performed by such official or employee while
employed by the Department: Provided, That such determination shall
include a justification for the provision of protective services by the
Department, including the identification of the specific nature of the
threat and the anticipated duration of such services provided, which
may be submitted in classified form, if necessary: Provided further,
That such protective services shall be consistent with other such
services performed by the Bureau of Diplomatic Security under 22 U.S.C.
2709 for Department officials, and shall be made available for an
initial period of not more than 180 days, which may be extended for
additional consecutive periods of 60 days upon a subsequent
determination by the Secretary that the specific threat persists:
Provided further, That not later than 45 days after enactment of this
Act and quarterly thereafter, the Secretary shall submit a report to
congressional leadership and the appropriate congressional committees
detailing the number of individuals receiving protective services and
the amount of funds expended for such services on a case-by-case basis,
which may be submitted in classified form, if necessary: Provided
further, That for purposes of this section a former or retired senior
Department of State official or employee means a person that served in
the Department at the Assistant Secretary, Special Representative, or
Senior Advisor level, or in a comparable or more senior position, and
has separated from service at the Department: Provided further, That
funds made available pursuant to this section are in addition to
amounts otherwise made available for such purposes.
rescissions
(including rescissions of funds)
Sec. 7072. (a) Economic Support Fund.--Of the unobligated and
unexpended balances from amounts made available under the heading
``Economic Support Fund'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs and
allocated by the Executive Branch for Afghanistan in the annual reports
required by section 653(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2413(a)), $855,644,000, shall be deobligated, as appropriate,
and shall be rescinded.
(b) Millennium Challenge Corporation.--Of the unobligated balances
from amounts made available under the heading ``Millennium Challenge
Corporation'' from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $515,000,000 are
rescinded.
(c) International Narcotics Control and Law Enforcement.--Of the
unobligated and unexpended balances from amounts made available under
the heading ``International Narcotics Control and Law Enforcement''
from prior Acts making appropriations for the Department of State,
foreign operations, and related programs and allocated by the Executive
Branch for Afghanistan in the annual reports required by section 653(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)),
$105,000,000, shall be deobligated, as appropriate, and shall be
rescinded.
(d) Peace Corps.--Of the unobligated balances from amounts made
available under the heading ``Peace Corps'' from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $70,000,000 are rescinded.
(e) Embassy Security, Construction, and Maintenance.--
(1) Of the unobligated and unexpended balances from amounts
made available under the heading ``Embassy Security, Construction,
and Maintenance'' in title II of the Security Assistance
Appropriations Act, 2017 (division B of Public Law 114-254),
$41,000,000 are rescinded.
(2) Of the unobligated and unexpended balances from amounts
available under the heading ``Embassy Security, Construction, and
Maintenance'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs for
Embassy Kabul construction projects, $629,000,000 are rescinded.
(f) Global Security Contingency Fund.--Of the unobligated balances
from amounts made available under the heading ``Global Security
Contingency Fund'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs and
identified by Treasury Appropriation Fund Symbol 11 X 1041, $28,135,000
are rescinded.
(g) Restriction.--No amounts may be rescinded from amounts that
were previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$141,500,000, of which not to exceed $3,515,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,254,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $25,352,000 shall be available for the Office of the General
Counsel; not to exceed $13,069,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$18,291,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $3,341,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $34,899,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $3,645,000
shall be available for the Office of Public Affairs and Public
Engagement; not to exceed $2,116,000 shall be available for the Office
of the Executive Secretariat; not to exceed $14,821,000 shall be
available for the Office of Intelligence, Security, and Emergency
Response; not to exceed $19,747,000 shall be available for the Office
of the Chief Information Officer; and not to exceed $1,450,000 shall be
available for the Office of Tribal Government Affairs: Provided, That
the Secretary of Transportation (referred to in this title as the
``Secretary'') is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 7 percent by all
such transfers: Provided further, That notice of any change in funding
greater than 7 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That not to
exceed $70,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision
of law, there may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of the funds
provided in this Act shall be available for the position of Assistant
Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $51,363,000, of which
$42,718,000 shall remain available until expended: Provided, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law, regulation,
judicial proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and Technology of
the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United States
Code, $775,000,000, to remain available until expended: Provided, That
section 6702 (f)(2) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That of amounts made available under this heading in this Act,
not less than $20,000,000 shall be awarded to projects in historically
disadvantaged communities or areas of persistent poverty as defined
under section 6702(a)(1) of title 49, United States Code: Provided
further, That section 6702(g) of title 49, United States Code, shall
not apply to amounts made available under this heading in this Act:
Provided further, That of the amounts made available under this heading
in this Act not less than 5 percent shall be made available for the
planning, preparation, or design of eligible projects: Provided
further, That grants awarded under this heading in this Act for
eligible projects for planning, preparation, or design shall not be
subject to a minimum grant size: Provided further, That in
distributing amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, including Tribal areas, and the
investment in a variety of transportation modes: Provided further,
That a grant award under this heading in this Act shall be not greater
than $45,000,000: Provided further, That section 6702(c)(3) of title
49, United States Code, shall not apply to amounts made available under
this heading in this Act: Provided further, That not more than 15
percent of the amounts made available under this heading in this Act
may be awarded to projects in a single state: Provided further, That
for amounts made available under this heading in this Act, the
Secretary shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing package:
Provided further, That section 6702(f)(1) of title 49, United States
Code, shall not apply to amounts made available under this heading in
this Act: Provided further, That of the amounts awarded under this
heading in this Act, not more than 50 percent shall be allocated for
eligible projects located in rural areas and not more than 50 percent
shall be allocated for eligible projects located in urbanized areas:
Provided further, That for the purpose of determining if an award for
planning, preparation, or design under this heading in this Act is an
urban award, the project location is the location of the project being
planned, prepared, or designed: Provided further, That the Secretary
may retain up to 2 percent of the amounts made available under this
heading in this Act, and may transfer portions of such amounts to the
Administrators of the Federal Aviation Administration, the Federal
Highway Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Maritime Administration to fund the
award and oversight of grants and credit assistance made under the
program authorized under section 6702 of title 49, United States Code:
Provided further, That for amounts made available under this heading in
this Act, the Secretary shall consider and award projects based solely
on the selection criteria as identified under section 6702(d)(3) and
(d)(4) of title 49, United States Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$25,000,000, to remain available until September 30, 2024: Provided,
That the Secretary of Transportation shall make such amounts available
for technical assistance and cooperative agreements to develop and
implement technical assistance, planning, and capacity building to
improve and foster thriving communities through transportation
improvements: Provided further, That the Secretary may enter into
cooperative agreements with philanthropic entities, non-profit
organizations, other Federal agencies, state or local governments and
their agencies, Indian Tribes, or other technical assistance providers,
to provide such technical assistance, planning, and capacity building
to state, local, or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or other
political subdivisions of state or local governments: Provided
further, That to be eligible for a cooperative agreement under this
heading, a recipient shall provide assistance to entities described in
the preceding proviso on engaging in public planning processes with
residents, local businesses, non-profit organizations, and to the
extent practicable, philanthropic organizations, educational
institutions, or other community stakeholders: Provided further, That
such cooperative agreements shall facilitate the planning and
development of transportation and community revitalization activities
supported by the Department of Transportation under titles 23, 46, and
49, United States Code, that increase mobility, reduce pollution from
transportation sources, expand affordable transportation options,
facilitate efficient land use, preserve or expand jobs, improve housing
conditions, enhance connections to health care, education, and food
security, or improve health outcomes: Provided further, That the
Secretary may prioritize assistance provided with amounts made
available under this heading to communities that have disproportionate
rates of pollution and poor air quality, communities experiencing
disproportionate effects (as defined by Executive Order No. 12898),
areas of persistent poverty as defined in section 6702(a)(1) of title
49, United States Code, or historically disadvantaged communities:
Provided further, That the preceding proviso shall not prevent the
Secretary from providing assistance with amounts made available under
this heading to entities described in the second proviso under this
heading that request assistance through the thriving communities
program: Provided further, That planning and technical assistance made
available under this heading may include pre-application assistance for
capital projects eligible under titles 23, 46, and 49, United States
Code: Provided further, That the Secretary may retain amounts made
available under this heading for the necessary administrative expenses
of (1) developing and disseminating best practices, modeling, and cost-
benefit analysis methodologies to assist entities described in the
second proviso under this heading with applications for financial
assistance programs under titles 23, 46, and 49, United States Code,
and (2) award, administration, and oversight of cooperative agreements
to carry out the provisions under this heading: Provided further, That
such amounts and payments as may be necessary to carry out the thriving
communities program may be transferred to appropriate accounts of other
operating administrations within the Department of Transportation.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $3,800,000,
to remain available until expended: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to other amounts made available for such purposes and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code, and
such authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2023.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology
infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal
cyber security initiatives, and implementation of enhanced security
controls on agency computers and mobile devices, $39,400,000, to remain
available until September 30, 2023.
office of civil rights
For necessary expenses of the Office of Civil Rights, $11,564,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $29,863,000, to remain available until expended: Provided,
That of such amount, $2,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso: Provided further, That of the
amounts made available under this heading, $7,066,000 shall be made
available for the purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $419,173,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the limitation in the preceding proviso on operating expenses
shall not apply to entities external to the Department of
Transportation or for funds provided in Public Law 117-58: Provided
further, That no funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund without
majority approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no assessments may
be levied against any program, budget activity, subactivity, or project
funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,977,000, to remain available
until September 30, 2023: Provided, That notwithstanding section 332
of title 49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be
available for any purpose consistent with prior year appropriations
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through
41742 of title 49, United States Code, $350,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code: Provided further, That, notwithstanding section 41733 of title
49, United States Code, for fiscal year 2022, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1) of
title 49, United States Code, and the subsidy cap established by
section 332 of the Department of Transportation and Related Agencies
Appropriations Act, 2000, shall not apply to maintain eligibility under
section 41731 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused transit and van pool benefits, in an amount not to exceed 10
percent of fiscal year 2022 collections, shall be available until
expended in the Department's Working Capital Fund to provide
contractual services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2022 of such collections shall not
exceed $1,000,000.
Sec. 105. Funds made available in division K of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
under the heading ``Department of Transportation--Office of the
Secretary--National Infrastructure Investments'' for transit and
highway projects that were available for obligation through fiscal year
2017 shall remain available through fiscal year 2023 for the
liquidation of valid obligations incurred during fiscal years 2015
through 2017 of active grants awarded with such funds.
Sec. 106. None of the funds in this title may be obligated or
expended for retention or senior executive bonuses for an employee of
the Department of Transportation without the prior written approval of
the Assistant Secretary for Administration.
Sec. 107. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Administrative Working
Capital Fund is hereby authorized to transfer information technology
equipment, software, and systems from Departmental sources or other
entities and collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 108. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 109. For an additional amount for ``Railroad Rehabilitation
and Improvement Financing Program'' for the cost of modifications, as
defined by section 502 of the Federal Credit Reform Act of 1990, of
direct loans issued pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, and included in cohort 3, as defined by the
Department of Transportation's memorandum to the Office of Management
and Budget dated November 5, 2018, $10,000,000, to remain available
until expended: Provided, That for a direct loan included in cohort 3,
as defined in the memorandum described in the preceding proviso, that
has satisfied all obligations attached to such loan, the Secretary
shall repay the credit risk premiums of such loan, with interest
accrued thereon, not later than 60 days after the enactment of this Act
or, for a direct loan included in cohort 3 with obligations that have
not yet been satisfied, not later than 60 days after the date on which
all obligations attached to such loan have been satisfied.
Sec. 109A. Section 312(a) of title 49 United States Code, shall be
amended by striking ``land-based,'' after ``operation of a''.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $11,414,100,000, to remain available until September
30, 2023, of which $6,414,100,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,536,298,000 shall be available for
aviation safety activities;
(2) $8,472,585,000 shall be available for air traffic
organization activities;
(3) $32,470,000 shall be available for commercial space
transportation activities;
(4) $889,216,000 shall be available for finance and management
activities;
(5) $63,955,000 shall be available for NextGen and operations
planning activities;
(6) $139,466,000 shall be available for security and hazardous
materials safety; and
(7) $280,110,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such
report has not been transmitted to Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than $178,000,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,892,887,500, of which $550,000,000 is for personnel and related
expenses and shall remain available until September 30, 2023,
$1,980,722,500 shall remain available until September 30, 2024, and
$362,165,000 is for terminal facilities and shall remain available
until September 30, 2026: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2023 through 2027, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided further,
That section 405 of this Act shall apply to amounts made available
under this heading in Title VIII of the Infrastructure Investments and
Jobs Appropriations Act (division J of Public Law 117-58): Provided
further, That the amounts in the table entitled ``Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and
Jobs Act--Fiscal Year 2022'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
shall be the baseline for application of reprogramming and transfer
authorities for the current fiscal year pursuant to paragraph (7) of
such section 405 for amounts referred to in the preceding proviso:
Provided further, That, notwithstanding paragraphs (5) and (6) of such
section 405, unless prior approval is received from the House and
Senate Committees on Appropriations, not to exceed 10 percent of any
funding level specified for projects and activities in the table
referred to in the preceding proviso may be transferred to any other
funding level specified for projects and activities in such table and
no transfer of such funding levels may increase or decrease any funding
level in such table by more than 10 percent.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $248,500,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2024: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That amounts made available under this heading shall be used in
accordance with the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That not to exceed 10 percent of any funding level specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) may be
transferred to any other funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more than 10
percent: Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $3,350,000,000, in fiscal year 2022, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not more than $127,165,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $40,961,000 shall
be available for Airport Technology Research, and $10,000,000, to
remain available until expended, shall be available and transferred to
``Office of the Secretary, Salaries and Expenses'' to carry out the
Small Community Air Service Development Program: Provided further,
That in addition to airports eligible under section 41743 of title 49,
United States Code, such program may include the participation of an
airport that serves a community or consortium that is not larger than a
small hub airport, according to FAA hub classifications effective at
the time the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $554,180,000, to remain available
through September 30, 2024: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That of the amounts
made available under this heading, $279,180,135 shall be made available
for the purposes, and in amounts, specified for Community Project
Funding/Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That any funds made available under this heading in this Act
that remain available after the distribution of funds under the
preceding proviso shall be available to the Secretary to distribute as
discretionary grants to airports: Provided further, That the amounts
made available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports program
set forth in any Act: Provided further, That the Administrator of the
Federal Aviation Administration may retain up to 0.5 percent of the
amounts made available under this heading to fund the award and
oversight by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2022.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a Government
agency, for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 119A. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the Contract Tower Program, or for reevaluation of
Cost-share Program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration Administrative
Services Franchise Fund may be reimbursed after performance or paid in
advance from funds available to the Federal Aviation Administration and
other Federal agencies for which the Fund performs services.
Sec. 119E. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or other
aviation tenants, located at those airports closed during a temporary
flight restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while
such airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or distributed
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services until an
independent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence, of
such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
Sec. 119F. None of the funds appropriated or otherwise made
available to the FAA may be used to carry out the FAA's obligations
under section 44502(e) of title 49, United States Code, unless the
eligible air traffic system or equipment to be transferred to the FAA
under section 44502(e) of title 49, United States Code, was purchased
by the transferor airport--
(1) during the period of time beginning on October 5, 2018 and
ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports located
in a non-contiguous states.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $463,716,697 together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration: Provided, That in addition,
$3,248,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of authorized
Federal-aid highway and highway safety construction programs shall not
exceed total obligations of $57,473,430,072 for fiscal year 2022.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized
Federal-aid highway and highway safety construction programs authorized
under title 23, United States Code, $58,212,430,072 derived from the
Highway Trust Fund (other than the Mass Transit Account), to remain
available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $2,444,927,823:
Provided, That the funds made available under this heading shall be
derived from the general fund, shall be in addition to any funds
provided for fiscal year 2022 in this or any other Act for: (1)
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240; or (3) the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.), and shall not affect the
distribution or amount of funds provided in any other Act: Provided
further, That, except for funds made available under this heading for
the Northern Border Regional Commission, section 11101(e) of Public Law
117-58 shall apply to funds made available under this heading:
Provided further, That unless otherwise specified, amounts made
available under this heading shall be available until September 30,
2025, and shall not be subject to any limitation on obligations for
Federal-aid highways or highway safety construction programs set forth
in any Act making annual appropriations: Provided further, That of the
funds made available under this heading--
(1) $846,927,823 shall be made available for the purposes, and
in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240;
(3) $75,000,000 shall be for the nationally significant Federal
lands and Tribal projects program under section 1123 of the FAST
Act (23 U.S.C. 201 note);
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section 1441 of
the FAST Act (23 U.S.C. 601 note);
(5) $1,145,000,000 shall be for a bridge replacement and
rehabilitation program;
(6) $6,000,000 shall be for the national scenic byways program
under section 162 of title 23, United States Code;
(7) $10,000,000 shall be transferred to the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.) to make grants, in
addition to amounts otherwise made available to the Northern Border
Regional Commission for such purpose, to carry out pilot projects
that demonstrate the capabilities of wood-based infrastructure
projects; and
(8) $200,000,000 shall be for competitive awards for activities
eligible under section 176(d)(4)(A) of title 23, United States
Code, and $50,000,000 shall be for competitive awards for
activities eligible under section 176(d)(4)(C) of title 23, United
States Code:
Provided further, That, except as otherwise provided under this
heading, the funds made available under this heading, in paragraphs
(1), (5), (6), and (8) of the fourth proviso, shall be administered as
if apportioned under chapter 1 of title 23, United States Code:
Provided further, That funds made available under this heading, in
paragraph (1) of the fourth proviso, that are used for Tribal projects
shall be administered as if allocated under chapter 2 of title 23,
United States Code, except that the set-asides described in
subparagraph (C) of section 202(b)(3) of title 23, United States Code,
and subsections (a)(6), (c), and (e) of section 202 of such title, and
section 1123(h)(1) of MAP-21 (as amended by Public Law 117-58), shall
not apply to such funds: Provided further, That not less than 50
percent of the funds made available under this heading, in paragraph
(3) of the fourth proviso, for the nationally significant Federal lands
and tribal projects program under section 1123 of the FAST Act shall be
for competitive grants to tribal governments: Provided further, That
for funds made available under this heading, in paragraph (4) of the
fourth proviso, the Federal share of the costs shall be, at the option
of the recipient, up to 100 percent: Provided further, That, for the
purposes of funds made available under this heading, in paragraph (5)
of the fourth proviso, for a bridge replacement and rehabilitation
program, (1) the term ``State'' means any of the 50 States or the
District of Columbia, and (2) the term ``qualifying State'' means any
State in which the percentage of total deck area of bridges classified
as in poor condition in such State is at least 5 percent or in which
the percentage of total bridges classified as in poor condition in such
State is at least 5 percent: Provided further, That, of the funds made
available under this heading, in paragraph (5) of the fourth proviso,
for a bridge replacement and rehabilitation program, the Secretary
shall reserve $6,000,000 for each State that does not meet the
definition of a qualifying State: Provided further, That, after making
the reservations under the preceding proviso, the Secretary shall
distribute the remaining funds made available under this heading, in
paragraph (5) of the fourth proviso, for a bridge replacement and
rehabilitation program to each qualifying State by the proportion that
the percentage of total deck area of bridges classified as in poor
condition in such qualifying State bears to the sum of the percentages
of total deck area of bridges classified as in poor condition in all
qualifying States: Provided further, That, of the funds made available
under this heading, in paragraph (5) of the fourth proviso, for the
bridge replacement and rehabilitation program:
(1) no qualifying State shall receive more than $40,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant to the
preceding proviso, any amount in excess of $40,000,000 shall be
redistributed equally among each State that does not meet the
definition of a qualifying State:
Provided further, That the funds made available under this heading,
in paragraph (5) of the fourth proviso, for a bridge replacement and
rehabilitation program shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further, That for
purposes of this heading for the bridge replacement and rehabilitation
program, the Secretary shall calculate the percentages of total deck
area of bridges (including the percentages of total deck area
classified as in poor condition) and the percentages of total bridge
counts (including the percentages of total bridges classified as in
poor condition) based on the National Bridge Inventory as of December
31, 2018: Provided further, That for the purposes of funds made
available under this heading, in paragraph (2) of the fourth proviso,
for construction of the Appalachian Development Highway System, the
term ``Appalachian State'' means a State that contains 1 or more
counties (including any political subdivision located within the area)
in the Appalachian region as defined in section 14102(a) of title 40,
United States Code: Provided further, That funds made available under
this heading for construction of the Appalachian Development Highway
System shall remain available until expended: Provided further, That,
except as provided in the following proviso, funds made available under
this heading for construction of the Appalachian Development Highway
System shall be administered as if apportioned under chapter 1 of title
23, United States Code: Provided further, That a project carried out
with funds made available under this heading for construction of the
Appalachian Development Highway System shall be carried out in the same
manner as a project under section 14501 of title 40, United States
Code: Provided further, That subject to the following proviso, funds
made available under this heading for construction of the Appalachian
Development Highway System shall be apportioned to Appalachian States
according to the percentages derived from the 2012 Appalachian
Development Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and confirmed as
each Appalachian State's relative share of the estimated remaining need
to complete the Appalachian Development Highway System, adjusted to
exclude those corridors that such States have no current plans to
complete, as reported in the 2013 Appalachian Development Highway
System Completion Report, unless those States have modified and
assigned a higher priority for completion of an Appalachian Development
Highway System corridor, as reported in the 2020 Appalachian
Development Highway System Future Outlook: Provided further, That the
Secretary shall adjust apportionments made under the preceding proviso
so that no Appalachian State shall be apportioned an amount in excess
of 30 percent of the amount made available for construction of the
Appalachian Development Highway System under this heading: Provided
further, That the Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two provisos:
Provided further, That the Federal share of the costs for which an
expenditure is made for construction of the Appalachian Development
Highway System under this heading shall be up to 100 percent: Provided
further, That a grant made with funds made available under this
heading, in paragraph (7) of the fourth proviso, shall be administered
in the same manner as a grant made under subtitle V of title 40, United
States Code: Provided further, That, except as otherwise provided
under this heading, funds made available under this heading, in
paragraph (8) of the fourth proviso, for competitive awards for
activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of
title 23, United States Code, shall be administered as if made
available to carry out section 176(d) of such title: Provided further,
That, for purposes of the calculation under section 176(d)(5)(G)(ii) of
title 23, United States Code, amounts made available under this heading
for competitive awards for activities eligible under sections
176(d)(4)(A) and 176(d)(4)(C) of such title shall be included in the
calculation of the total amount provided for fiscal year 2022 under
section 176(d) of such title: Provided further, That for purposes of
applying the set-asides under section 176(d)(5)(H)(ii) and (iii) of
title 23, United States Code, amounts made available under this heading
for competitive awards for activities eligible under sections
176(d)(4)(A) and 176(d)(4)(C) of such title shall be included in the
calculation of the amounts made available to carry out section 176(d)
of such title for fiscal year 2022: Provided further, That, the
Secretary may retain not more than a total of 5 percent of the amounts
made available under this heading for competitive awards for activities
eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such title to
carry out paragraph (8) of the fourth proviso and to review
applications for grants under paragraph (8) of the fourth proviso, and
may transfer portions of the funds retained under this proviso to the
relevant Administrators to fund the award and oversight of grants
provided under paragraph (8) of the fourth proviso: Provided further,
That a project assisted with funds made available under this heading
for competitive awards for activities eligible under sections
176(d)(4)(A) or 176(d)(4)(C) of title 23, United States Code, shall be
treated as a project on a Federal-aid highway.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2022, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for Federal-
aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under authorized Federal-aid highway and highway safety
construction programs, or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code, by
multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
National Highway Performance Program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
and
(12) section 119 of title 23, United States Code (but, for each
of fiscal years 2013 through 2022, only in an amount equal to
$639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of Public Law 112-
141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23, United
States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days before making a
grant under that section, provides written notification to the House
and Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award: Provided, That the written
notification required in the preceding proviso shall be made not later
than 180 days after the date of enactment of this Act.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule XLIV
of the Standing Rules of the Senate, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Sec. 125. Until final guidance is published, the Administrator of
the Federal Highway Administration shall adjudicate requests for Buy
America waivers under the criteria that were in effect prior to April
17, 2018.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Infrastructure Investment and Jobs Act (Public Law 117-
58), $360,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $360,000,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2022, of which $14,073,000, to remain
available for obligation until September 30, 2024, is for the research
and technology program, and of which not less than $41,277,000, to
remain available for obligation until September 30, 2024, is for
development, modernization, enhancement, continued operation, and
maintenance of information technology and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Infrastructure Investment and Jobs Act (Public Law 117-58),
$496,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended:
Provided, That funds available for the implementation or execution of
motor carrier safety programs shall not exceed total obligations of
$496,000,000 in fiscal year 2022 for ``Motor Carrier Safety Grants'':
Provided further, That of the sums appropriated under this heading:
(1) $390,500,000, to remain available for obligation until
September 30, 2023, shall be available for the motor carrier safety
assistance program;
(2) $41,800,000, to remain available for obligation until
September 30, 2023, shall be available for the commercial driver's
license program implementation program;
(3) $57,600,000, to remain available for obligation until
September 30, 2023, shall be available for the high priority
activities program (other than the commercial motor vehicle
enforcement training and support grant program);
(4) $1,100,000, to remain available for obligation until
September 30, 2023, shall be available for the commercial motor
vehicle operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2023, shall be available for the commercial motor
vehicle enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$200,000,000, to remain available through September 30, 2023.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including behavioral
research on Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls, section
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-
58), and chapter 303 of title 49, United States Code, $192,800,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2022, are in excess of $192,800,000: Provided further, That of the
sums appropriated under this heading--
(1) $186,000,000 shall be for programs authorized under section
403 of title 23, United States Code, including behavioral research
on Automated Driving Systems and Advanced Driver Assistance Systems
and improving consumer responses to safety recalls, and section
25024 of the Infrastructure Investment and Jobs Act (Public Law
117-58); and
(2) $6,800,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $192,800,000 obligation limitation
for operations and research, $20,000,000 shall remain available until
September 30, 2023, and up to $7,000,000, for mobility research on
older drivers, shall remain available until expended, and shall be in
addition to the amount of any limitation imposed on obligations for
future years: Provided further, That amounts for behavioral research
on Automated Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls are in addition to any
other funds provided for those purposes for fiscal year 2022 in this
Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States
Code, to remain available until expended, $774,300,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs for which the total obligations in
fiscal year 2022 are in excess of $774,300,000 for programs authorized
under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United
States Code: Provided further, That of the sums appropriated under
this heading--
(1) $363,400,000 shall be for ``Highway Safety Programs'' under
section 402 of title 23, United States Code;
(2) $336,500,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $36,400,000 shall be for the ``High Visibility Enforcement
Program'' under section 404 of title 23, United States Code; and
(4) $38,000,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under section
405 of title 23, United States Code, for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that section)
shall be available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision under section
405(a)(8) of title 23, United States Code, any amounts transferred to
increase the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further, That the
Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the
preceding proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $240,757,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$43,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading, up to $2,100,000 shall be
available pursuant to section 20108(d) of title 49, United States Code,
for the construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-State Partnership for
Intercity Passenger Rail grants as authorized by section 24911 of title
49, United States Code, $100,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to 2 percent of
the amount provided under this heading in this Act for the costs of
award and project management oversight of grants carried out under
title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements grants, as authorized by section 22907 of title
49, United States Code, $625,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) not less than $150,000,000 shall be for projects eligible
under section 22907(c)(2) of title 49, United States Code, that
support the development of new intercity passenger rail service
routes including alignments for existing routes;
(2) not less than $25,000,000 shall be for projects eligible
under section 22907(c)(11) of title 49, United States Code:
Provided, That for amounts made available in this paragraph, the
Secretary shall give preference to projects that are located in
counties with the most pedestrian trespasser casualties;
(3) $120,860,000 shall be made available for the purposes, and
in amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That any
remaining funds available after the distribution of the Community
Project Funding/Congressionally Directed Spending described in this
paragraph shall be available to the Secretary to distribute as
discretionary grants under this heading: Provided further, That
requirements under subsections (g) and (l) of section 22907 of
title 49, United States Code, shall not apply to this paragraph
(3); and
(4) not more than $5,000,000 shall be for preconstruction
planning activities and capital costs related to the deployment of
magnetic levitation transportation projects:
Provided further, That section 22905(f) of title 49, United States
Code, shall not apply to amounts made available under this heading in
this Act for projects that implement or sustain positive train control
systems otherwise eligible under section 22907(c)(1) of title 49,
United States Code: Provided further, That amounts made available
under this heading in this Act for projects selected for commuter rail
passenger transportation may be transferred by the Secretary, after
selection, to the appropriate agencies to be administered in accordance
with chapter 53 of title 49, United States Code: Provided further,
That for amounts made available under this heading in this Act,
eligible recipients under section 22907(b)(7) of title 49, United
States Code, shall include any holding company of a Class II railroad
or Class III railroad (as those terms are defined in section 20102 of
title 49, United States Code): Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That section 22907(e)(1)(A) of title 49, United States Code,
shall not apply to amounts made available under this heading in
previous fiscal years if such funds are announced in a notice of
funding opportunity that includes funds made available under this
heading in this Act: Provided further, That the preceding proviso
shall not apply to funds made available under this heading in the
Infrastructure Investment and Jobs Act (division J of Public Law 117-
58): Provided further, That unobligated balances remaining after 6
years from the date of enactment of this Act may be used for any
eligible project under section 22907(c) of title 49, United States
Code: Provided further, That the Secretary may withhold up to 2
percent of the amounts made available under this heading in this Act
for the costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 22101(a) of the
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $874,501,000, to remain available until expended: Provided, That
the Secretary may retain up to one-half of 1 percent of the funds
provided under both this heading in this Act and the ``National Network
Grants to the National Railroad Passenger Corporation'' heading in this
Act to fund the costs of project management and oversight of activities
authorized by section 22101(c) of the Infrastructure Investment and
Jobs Act (division B of Public Law 117-58): Provided further, That in
addition to the project management oversight funds authorized under
section 22101(c) of the Infrastructure Investment and Jobs Act
(division B of Public Law 117-58), the Secretary may retain up to an
additional $1,000,000 of the funds provided under this heading in this
Act to fund expenses associated with the Northeast Corridor Commission
established under section 24905 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 22101(b) of the
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,456,870,000, to remain available until expended: Provided,
That at least $50,000,000 of the amount provided under this heading in
this Act shall be available for the development, installation and
operation of railroad safety improvements, including the implementation
of a positive train control system, on State-supported routes as
defined under section 24102(13) of title 49, United States Code, on
which positive train control systems are not required by law or
regulation as identified on or before the date of enactment of this
Act: Provided further, That any unexpended balances from amounts
provided under this heading in this Act and in prior fiscal years for
the development, installation and operation of railroad safety
technology on State-supported routes on which positive train control
systems are not required by law or regulation shall also be available
for railroad safety improvements on State-supported routes as
identified on or before the date of enactment of this Act: Provided
further, That none of the funds provided under this heading in this Act
shall be used by Amtrak to give notice under subsection (a) or (c) of
section 24706 of title 49, United States Code, with respect to long-
distance routes (as defined in section 24102 of title 49, United States
Code) on which Amtrak is the sole operator on a host railroad's line
and a positive train control system is not required by law or
regulation, or, except in an emergency or during maintenance or
construction outages impacting such routes, to otherwise discontinue,
reduce the frequency of, suspend, or substantially alter the route of
rail service on any portion of such route operated in fiscal year 2018,
including implementation of service permitted by section 24305(a)(3)(A)
of title 49, United States Code, in lieu of rail service.
administrative provisions--federal railroad administration
(including rescissions)
(including transfer of funds)
Sec. 150. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2021 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2021 and for the
3 prior calendar years.
Sec. 151. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 152. The amounts made available to the Secretary or to the
Federal Railroad Administration for the costs of award, administration,
and project management oversight of financial assistance which are
administered by the Federal Railroad Administration, in this and prior
Acts, may be transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance'' account for
the necessary expenses to support the award, administration, project
management oversight, and technical assistance of financial assistance
administered by the Federal Railroad Administration, in the same manner
as appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 153. Of the unobligated balances of funds remaining from--
(1) ``Railroad Safety Grants'' accounts totaling $1,715,414.34
appropriated by the following public laws are hereby permanently
rescinded:
(A) Public Law 105-277 a total of $7,052.79 under the
heading ``Railroad Safety'';
(B) Public Law 113-235 a total of $190,265.91 from section
153 under the heading ``Administrative Provisions--Federal
Railroad Administration''; and
(C) Public Law 114-113 a total of $1,518,095.64; and
(2) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling $13,327,006.39
appropriated by Public Law 111-117 is hereby permanently rescinded.
Sec. 154. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger Corporation'' may be
used to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities in 40
States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should be
sustained to ensure connectivity throughout the National Network
(as defined in section 24102 of title 49, United States Code).
Sec. 156. Amounts made available under the heading ``Department of
Transportation--Federal Railroad Administration--Restoration and
Enhancement'' in any prior fiscal years are subject to the requirements
of section 22908 of title 49, United States Code, as in effect on the
effective date of Public Law 117-58.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340, as amended by the Infrastructure Investment and Jobs Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $13,355,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337,
5339, and 5340, as amended by the Infrastructure Investment and Jobs
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $13,355,000,000 in fiscal year 2022.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339(b) of title 49, United States Code, low or no emission
grants under section 5339(c) of such title, ferry boats grants under
section 5307(h) of such title, bus testing facilities under section
5318 of such title, grants to areas of persistent poverty, innovative
mobility solutions grants under section 5312 of such title,
accelerating innovative mobility initiative grants under section 5312
such title, accelerating the adoption of zero emission buses under
section 5312 of such title, Community Project Funding/Congressionally
Directed Spending for projects and activities eligible under chapter 53
of such title, and ferry service for rural communities under section
71103 of division G of Public Law 117-58, $504,263,267, to remain
available until expended: Provided, That of the sums provided under
this heading in this Act--
(1) $175,000,000 shall be available for buses and bus
facilities competitive grants as authorized under section 5339(b)
of such title;
(2) $75,000,000 shall be available for the low or no emission
grants as authorized under section 5339(c) of such title:
Provided, That the minimum grant award shall be not less than
$750,000;
(3) $6,500,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That of
the amounts provided under this paragraph, no less than $3,250,000
shall be available for low or zero-emission ferries or ferries
using electric battery or fuel cell components and the
infrastructure to support such ferries;
(4) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
(5) $1,000,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized under
section 5312 of title 49, United States Code: Provided, That such
amounts shall be available for competitive grants or cooperative
agreements for the development of software to facilitate the
provision of demand-response public transportation service that
dispatches public transportation fleet vehicles through riders
mobile devices or other advanced means: Provided further, That the
Secretary shall evaluate the potential for software developed with
grants or cooperative agreements to be shared for use by public
transportation agencies;
(6) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title 49,
United States Code: Provided, That such amounts shall be available
for competitive grants to improve mobility and enhance the rider
experience with a focus on innovative service delivery models,
creative financing, novel partnerships, and integrated payment
solutions in order to help disseminate proven innovation mobility
practices throughout the public transportation industry;
(7) $20,000,000 shall be available for competitive grants to
eligible entities to assist areas of persistent poverty as defined
under section 6702(a)(1) of title 49, United States Code, or
historically disadvantaged communities: Provided, That grants
shall be for planning, engineering, or development of technical or
financing plans for projects eligible under chapter 53 of title 49,
United States Code: Provided further, That eligible entities are
those defined as eligible recipients or subrecipients under
sections 5307, 5310 or 5311 of title 49, United States Code, and
are in areas of persistent poverty as defined under section
6702(a)(1) of title 49, United States Code, or historically
disadvantaged communities: Provided further, That State
departments of transportation may apply on behalf of eligible
entities within their States: Provided further, That the Federal
Transit Administration should encourage grantees to work with non-
profits or other entities of their choosing in order to develop
planning, technical, engineering, or financing plans: Provided
further, That the Federal Transit Administration shall encourage
grantees to partner with non-profits that can assist with making
projects low or no emissions: Provided further, That projects
funded under this paragraph shall be for not less than 90 percent
of the net total project cost;
(8) $10,000,000 shall be available to support technical
assistance, research, demonstration, or deployment activities or
projects to accelerate the adoption of zero emission buses in
public transit as authorized under section 5312 of title 49, United
States Code;
(9) $200,798,267 shall be made available for the purposes, and
in amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(10) $12,965,000 shall be available for ferry service for rural
communities under section 71103 of division G of Public Law 117-58:
Provided, That for amounts made available in this paragraph,
notwithstanding section 71103(a)(2)(B), eligible projects shall
include passenger ferry service that serves at least two rural
areas with a single segment over 20 miles between the two rural
areas and is not otherwise eligible under section 5307(h) of title
49, United States Code:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund: Provided further,
That the amounts made available under this heading in this Act shall
not be subject to any limitation on obligations for transit programs
set forth in any Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30,
2023: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $2,248,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act, $1,459,020,000 shall be available for projects
authorized under section 5309(d) of title 49, United States Code,
$345,000,000 shall be available for projects authorized under section
5309(e) of title 49, United States Code, $321,500,000 shall be
available for projects authorized under section 5309(h) of title 49,
United States Code, and $100,000,000 shall be available for projects
authorized under section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That the Secretary shall
continue to administer the capital investment grants program in
accordance with the procedural and substantive requirements of section
5309 of title 49, United States Code, and of section 3005(b) of the
Fixing America's Surface Transportation Act: Provided further, That
projects that receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under section
3005(b) of the Fixing America's Surface Transportation Act shall be
deemed eligible for funding provided for projects under section 5309 of
title 49, United States Code, without further evaluation or rating
under such section: Provided further, That such funding shall not
exceed the Federal share under section 3005(b): Provided further, That
funds allocated pursuant to 49 U.S.C. 5309 to any project during fiscal
years 2015, 2016, and 2017 shall remain allocated to that project
through fiscal year 2023: Provided further, That upon submission to
the Congress of the fiscal year 2023 President's budget, the Secretary
of Transportation shall transmit to Congress the annual report on
capital investment grants, including proposed allocations for fiscal
year 2023.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432), as amended
by the Infrastructure Investment and Jobs Act, $150,000,000, to remain
available until expended: Provided, That the Secretary of
Transportation shall approve grants for capital and preventive
maintenance expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for each
specific project: Provided further, That the Secretary shall determine
that the Washington Metropolitan Area Transit Authority has placed the
highest priority on those investments that will improve the safety of
the system before approving such grants.
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act or identified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) not obligated by September 30, 2025, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2021, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grant program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. Of the unobligated amounts made available for prior
fiscal years to Formula Grants in Treasury Account 69-X-1129, a total
of $6,734,356 are hereby permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency or disaster relief requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 166. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component assessment under
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be
used by the facilities selected for such vehicle component assessment
for capital projects in order to build new infrastructure and enhance
existing facilities in order to expand component testing capability, in
accordance with the industry stakeholder testing objectives and
capabilities as outlined through the work of the Federal Transit
Administration Transit Vehicle Innovation and Deployment Centers
program and included in the Center for Transportation and the
Environment report submitted to the Federal Transit Administration for
review.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence
Seaway Development Corporation, $38,000,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided, That of
the amounts made available under this heading, not less than
$14,500,000 shall be for the seaway infrastructure program: Provided
further, That not more than $1,500,000 of the unobligated balances from
the amounts made available for capital asset renewal activities under
the heading ``Saint Lawrence Seaway Development Corporation--Operations
and Maintenance'' in any prior Act shall be for activities pursuant to
section 984(a)(12) of title 33, United States Code.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$318,000,000, to remain available until expended.
cable security fleet
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended.
tanker security program
For the tanker security fleet program, as authorized under section
53406 of title 46, United States Code, $60,000,000, to remain available
until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $172,204,000: Provided, That of the amounts made
available under this heading--
(1) $85,032,000, to remain available until September 30, 2023,
shall be for the operations of the United States Merchant Marine
Academy;
(2) $5,500,000, to remain available until expended, shall be
for facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $6,000,000, to remain available until September 30, 2023,
shall be for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United States
Code; and
(4) $14,819,000, to remain available until expended, shall be
for the America's Marine Highways Program to make grants for the
purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3510 of the National Defense Authorization Act for
fiscal year 2017 (46 U.S.C. 51318): Provided further, That available
balances under this heading for the Short Sea Transportation Program
(now known as the America's Marine Highway Program) from prior year
recoveries shall be available to carry out activities authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United States
Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $423,300,000: Provided, That
of the amounts made available under this heading--
(1) $30,500,000, to remain available until expended, shall be
for maintenance, repair, life extension, insurance, and capacity
improvement of National Defense Reserve Fleet training ships, and
for support of training ship operations at the State Maritime
Academies, of which not more than $8,000,000, to remain available
until expended, shall be for expenses related to training mariners;
and for costs associated with training vessel sharing pursuant to
section 51504(g)(3) of title 46, United States Code, for costs
associated with mobilizing, operating and demobilizing the vessel,
including travel costs for students, faculty and crew, the costs of
the general agent, crew costs, fuel, insurance, operational fees,
and vessel hire costs, as determined by the Secretary;
(2) $380,600,000, to remain available until expended, shall be
for the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design of
school ships;
(3) $2,400,000, to remain available until September 30, 2026,
shall be for the Student Incentive Program;
(4) $3,800,000, to remain available until expended, shall be
for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30, 2023,
shall be for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $20,000,000, to remain available
until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$10,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and
Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, $234,310,000, to remain
available until expended: Provided, That projects eligible for amounts
made available under this heading in this Act shall be projects for
coastal seaports, inland river ports, or Great Lakes ports: Provided
further, That of the amounts made available under this heading in this
Act, not less than $209,310,000 shall be for coastal seaports or Great
Lakes ports: Provided further, That the requirements under section
3501(a)(12) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) shall apply to amounts made available under
this heading in this Act: Provided further, That for grants awarded
under this heading in this Act, the minimum grant size shall be
$1,000,000: Provided further, That for amounts made available under
this heading in this Act, the requirement under section
54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to
projects located in noncontiguous states or territories.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $29,100,000, of which $4,500,000 shall
remain available until September 30, 2024: Provided, That the
Secretary of Transportation shall issue a final rule on automatic and
remote-controlled shut-off valves and hazardous liquid pipeline
facilities leak detection systems as required under section 4 and
section 8 of the Pipeline Safety, Regulatory Certainty, and Job
Creation Act of 2011 (Public Law 112-90), respectively, not later than
120 days after the date of enactment of this Act: Provided further,
That the amounts made available under this heading shall be reduced by
$5,000 per day for each day that such rule has not been issued
following the expiration of the deadline set forth in the preceding
proviso.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $66,829,000, of which $12,070,000 shall remain
available until September 30, 2024, of which $1,000,000 shall be made
available for carrying out section 5107(i) of title 49, United States
Code: Provided, That up to $800,000 in fees collected under section
5108(g) of title 49, United States Code, shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990 (Public Law 101-380), $182,650,000, to remain available
until September 30, 2024, of which $27,650,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $146,600,000 shall be
derived from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title 49, United
States Code, and deposited in the Liquefied Natural Gas Siting Account
for compliance reviews of liquefied natural gas facilities; and of
which $8,000,000 shall be derived from fees collected under section
60302 of title 49, United States Code, and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That not
less than $1,058,000 of the amounts made available under this heading
shall be for the One-Call State grant program: Provided further, That
any amounts made available under this heading in this Act or in prior
Acts for research contracts, grants, cooperative agreements or research
other transactions agreements (``OTAs'') shall require written
notification to the House and Senate Committees on Appropriations not
less than 3 full business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the Secretary
shall transmit to the House and Senate Committees on Appropriations the
report on pipeline safety testing enhancement as required pursuant to
section 105 of the Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2020 (division R of Public Law 116-260):
Provided further, That the Secretary may obligate amounts made
available under this heading to engineer, erect, alter, and repair
buildings or make any other public improvements for research facilities
at the Transportation Technology Center after the Secretary submits an
updated research plan and the report in the preceding proviso to the
House and Senate Committees on Appropriations and after such plan and
report in the preceding proviso are approved by the House and Senate
Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2024, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and
5108(g)(2) of title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title 49,
United States Code, and the limitation on obligations provided under
this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C), 5116(h),
5116(i), 5116(j), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$103,150,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in title
VIII of division J of Public Law 117-58 to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, letter of intent, federally funded cooperative agreement, full
funding grant agreement, or discretionary grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, federally funded cooperative agreement, or full funding
grant agreement is announced by the Department or its operating
administrations: Provided, That the Secretary of Transportation shall
provide the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines of credit,
letters of intent, federally funded cooperative agreements, full
funding grant agreements, and discretionary grants prior to the
notification required under the preceding proviso: Provided further,
That the Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of such reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and such reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 189. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 190. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
23 of the United States Code utilizing geographic, economic, or any
other hiring preference not otherwise authorized by law, or to amend a
rule, regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a pool
of readily available but unemployed individuals possessing the
knowledge, skill, and ability to perform the work that the contract
requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy such
hiring preference; and
(3) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable Statewide
Transportation Improvement Program or Transportation Improvement
Program.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
Sec. 192. Amounts made available by this Act or any prior Act that
the Secretary determines represent improper payments by the Department
of Transportation to a third-party contractor under a financial
assistance award, which are recovered pursuant to law, shall be
available--
(1) to reimburse the actual expenses incurred by the Department
of Transportation in recovering improper payments: Provided, That
amounts made available by this Act shall be available until
expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Payment Integrity Information Act of 2019 (Public Law 116-117):
Provided, That amounts in excess of that required for paragraphs
(1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with the
improper payment or payments is not readily available, the
Secretary may credit the amounts to an appropriate account as
offsetting collections and such amounts shall be available for
the purposes and period associated with the account so
credited: Provided further, That amounts credited to programs
under this subparagraph shall not be subject to any limitation
on obligations in this or any other Act; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to depositing such recovery in the
Treasury, the Secretary shall notify the House and Senate
Committees on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this section,
the term ``improper payment'' has the same meaning as that
provided in section 3351(4) of title 31, United States Code.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2022''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $15,200,000, to
remain available until September 30, 2023: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred
to in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $607,000,000, to remain available until September 30, 2023:
Provided, That of the sums appropriated under this heading--
(1) $82,000,000 shall be available for the Office of the Chief
Financial Officer;
(2) $114,000,000 shall be available for the Office of the
General Counsel, of which not less than $18,500,000 shall be for
the Departmental Enforcement Center;
(3) $212,000,000 shall be available for the Office of
Administration, of which not more than $5,000,000 may be for
modernization and deferred maintenance of the Weaver Building;
(4) $46,200,000 shall be available for the Office of the Chief
Human Capital Officer;
(5) $25,000,000 shall be available for the Office of the Chief
Procurement Officer;
(6) $60,500,000 shall be available for the Office of Field
Policy and Management;
(7) $4,300,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $63,000,000 shall be available for the Office of the Chief
Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$965,500,000, to remain available until September 30, 2023: Provided,
That of the sums appropriated under this heading--
(1) $253,500,000 shall be available for the Office of Public
and Indian Housing;
(2) $147,000,000 shall be available for the Office of Community
Planning and Development;
(3) $431,000,000 shall be available for the Office of Housing,
of which not less than $13,000,000 shall be for the Office of
Recapitalization;
(4) $35,000,000 shall be available for the Office of Policy
Development and Research;
(5) $88,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $23,369,641,000, to remain available until
expended, which shall be available on October 1, 2021 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2021), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2022:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $24,095,029,000 shall be available for renewals of expiring
section 8 tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding any other provision of law, from
amounts provided under this paragraph and any carryover, the
Secretary for the calendar year 2022 funding cycle shall provide
renewal funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as established by
the Secretary, by notice published in the Federal Register, and by
making any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph may
be used to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units under
contract, except for public housing agencies participating in the
Moving to Work (MTW) demonstration, which are instead governed in
accordance with the requirements of the MTW demonstration program
or their MTW agreements, if any: Provided further, That the
Secretary shall, to the extent necessary to stay within the amount
specified under this paragraph (except as otherwise modified under
this paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos, the
entire amount specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public housing
agencies of their annual budget by the latter of 60 days after
enactment of this Act or March 1, 2022: Provided further, That the
Secretary may extend the notification period with the prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That public housing agencies participating in the
MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further, That
the Secretary may offset public housing agencies' calendar year
2022 allocations based on the excess amounts of public housing
agencies' net restricted assets accounts, including HUD-held
programmatic reserves (in accordance with VMS data in calendar year
2021 that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject to the
offset, as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2022 MTW funding
allocation: Provided further, That the Secretary shall use any
offset referred to in the preceding two provisos throughout the
calendar year to prevent the termination of rental assistance for
families as the result of insufficient funding, as determined by
the Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $200,000,000
shall be available only: (1) for adjustments in the allocations for
public housing agencies, after application for an adjustment by a
public housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers resulting
from unforeseen circumstances or from portability under section
8(r) of the Act; (2) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act, or an
adjustment for a funding obligation not yet expended in the
previous calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW demonstration
under the expansion authority provided in section 239 of the
Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2016 (division L of Public Law 114-113); (3)
for adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers; (4) for public housing
agencies that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding; (5) for adjustments in the allocations for
public housing agencies that (i) are leasing a lower-than-average
percentage of their authorized vouchers, (ii) have low amounts of
budget authority in their net restricted assets accounts and HUD-
held programmatic reserves, relative to other agencies, and (iii)
are not participating in the Moving to Work demonstration, to
enable such agencies to lease more vouchers; (6) for withheld
payments in accordance with section 8(o)(8)(A)(ii) of the Act for
months in the previous calendar year that were subsequently paid by
the public housing agency after the agency's actual costs were
validated; and (7) for public housing agencies that have
experienced increased costs or loss of units in an area for which
the President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 et seq.): Provided further, That the Secretary shall allocate
amounts under the preceding proviso based on need, as determined by
the Secretary;
(2) $100,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished or
disposed of pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8, relocation of
witnesses (including victims of violent crimes) in connection with
efforts to combat crime in public and assisted housing pursuant to
a request from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or for
project-based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as provided
under this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18 of the
Act, the Secretary may provide section 8 rental assistance when the
units pose an imminent health and safety risk to residents:
Provided further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph for
units assisted under a project-based subsidy contract funded under
the ``Project-Based Rental Assistance'' heading under this title
where the owner has received a Notice of Default and the units pose
an imminent health and safety risk to residents: Provided further,
That of the amounts made available under this paragraph, no less
than $5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract for
which the tenants are not eligible for enhanced voucher or tenant
protection assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or preservation
program administered by the Secretary: Provided further, That such
tenant protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That any tenant protection
voucher made available from amounts under this paragraph shall not
be reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the initial
family that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to issue
any such voucher shall cease to exist: Provided further, That the
Secretary may only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be available
as assisted housing, subject only to the availability of funds;
(3) $2,410,612,000 shall be for administrative and other
expenses of public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to $30,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section 8
programs, including fees associated with section 8 tenant
protection rental assistance, the administration of disaster
related vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than $2,380,612,000
of the amount provided in this paragraph shall be allocated to
public housing agencies for the calendar year 2022 funding cycle
based on section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts determined
under the preceding proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the preceding proviso, utilize unobligated balances,
including recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject to
the same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision of
tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $459,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and other
expenses of public housing agencies in administering the special
purpose vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the percent
decrease for administrative and other expenses to public housing
agencies under paragraph (3) of this heading: Provided further,
That up to $10,000,000 shall be available only (1) for adjustments
in the allocation for public housing agencies, after applications
for an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in Mainstream
renewal costs resulting from unforeseen circumstances, and (2) for
public housing agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate the rental assistance for Mainstream families
as a result of insufficient funding: Provided further, That the
Secretary shall allocate amounts under the preceding proviso based
on need, as determined by the Secretary: Provided further, That
upon turnover, section 811 special purpose vouchers funded under
this heading in this or prior Acts, or under any other heading in
prior Acts, shall be provided to non-elderly persons with
disabilities;
(5) Of the amounts provided under paragraph (1) up to
$5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native American
veterans that are homeless or at-risk of homelessness living on or
near a reservation or other Indian areas: Provided, That such
amount shall be made available for renewal grants to recipients
that received assistance under prior Acts under the Tribal HUD-VASH
program: Provided further, That the Secretary shall be authorized
to specify criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients: Provided
further, That such assistance shall be administered in accordance
with program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996 and modeled after the
HUD-VASH program: Provided further, That the Secretary shall be
authorized to waive, or specify alternative requirements for any
provision of any statute or regulation that the Secretary
administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery
and administration of such assistance: Provided further, That
grant recipients shall report to the Secretary on utilization of
such rental assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may reallocate, as
determined by the Secretary, amounts returned or recaptured from
awards under the Tribal HUD-VASH program under prior Acts to
existing recipients under the Tribal HUD-VASH program;
(6) $50,000,000 for incremental rental voucher assistance for
use through a supported housing program administered in conjunction
with the Department of Veterans Affairs as authorized under section
8(o)(19) of the United States Housing Act of 1937: Provided, That
the Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that partner
with eligible VA Medical Centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as specified
by the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation
with the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with the
use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for
the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available under
this paragraph shall continue to remain available for homeless
veterans upon turn-over;
(7) $30,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the Act:
Provided, That the amounts made available under this paragraph are
provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made available under
this subparagraph shall continue to remain available for family
unification upon turnover; and
(B) $25,000,000 shall be for new incremental voucher
assistance to assist eligible youth as defined by such section
8(x)(2)(B): Provided, That assistance made available under
this subparagraph shall continue to remain available for such
eligible youth upon turnover: Provided further, That of the
total amount made available under this subparagraph, up to
$15,000,000 shall be available on a noncompetitive basis to
public housing agencies that partner with public child welfare
agencies to identify such eligible youth, that request such
assistance to timely assist such eligible youth, and that meet
any other criteria as specified by the Secretary: Provided
further, That the Secretary shall review utilization of the
assistance made available under the preceding proviso, at an
interval to be determined by the Secretary, and unutilized
voucher assistance that is no longer needed shall be recaptured
by the Secretary and reallocated pursuant to the preceding
proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act under
the family unification program, or made available and competitively
selected under this paragraph, that determines that it no longer
has an identified need for such assistance upon turnover, such
agency shall notify the Secretary, and the Secretary shall
recapture such assistance from the agency and reallocate it to any
other public housing agency or agencies based on need for voucher
assistance in connection with such specified program or eligible
youth, as applicable;
(8) $200,000,000 shall be made available for new incremental
voucher assistance under section 8(o) of the United States Housing
Act of 1937 to be allocated pursuant to a method, as determined by
the Secretary, which may include a formula that may include such
factors as severe cost burden, overcrowding, substandard housing
for very low-income renters, homelessness, and administrative
capacity, where such allocation method shall include both rural and
urban areas: Provided, That the Secretary may specify additional
terms and conditions to ensure that public housing agencies provide
vouchers for use by survivors of domestic violence, or individuals
and families who are homeless, as defined in section 103(a) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)), or at
risk of homelessness, as defined in section 401(1) of such Act (42
U.S.C. 11360(1));
(9) $25,000,000 shall be for mobility-related services, as
defined by the Secretary, for voucher families with children
modeled after services provided in connection with the mobility
demonstration authorized under section 235 of division G of the
Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note; Public
Law 116-6): Provided, That the Secretary shall make funding
available to public housing agencies on a competitive basis and
shall give preference to public housing agencies with higher
concentrations of housing choice voucher families with children
residing in high-poverty neighborhoods: Provided further, That the
Secretary may recapture from the public housing agencies unused
balances based on utilization of such awards and reallocate such
amounts to any other public housing agency or agencies based on
need for such mobility-related services as identified under such
competition; and
(10) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2022 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For 2022 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,451,500,000, to remain available until September 30,
2025: Provided, That the amounts made available under this heading are
provided as follows:
(1) $5,038,500,000 shall be available to the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2022 payments;
(2) $25,000,000 shall be available to the Secretary to allocate
pursuant to a need-based application process notwithstanding
section 203 of this title and not subject to such Operating Fund
formula to public housing agencies that experience, or are at risk
of, financial shortfalls, as determined by the Secretary:
Provided, That after all such shortfall needs are met, the
Secretary may distribute any remaining funds to all public housing
agencies on a pro-rata basis pursuant to such Operating Fund
formula;
(3) $3,200,000,000 shall be available to the Secretary to
allocate pursuant to the Capital Fund formula at section 905.400 of
title 24, Code of Federal Regulations: Provided, That for funds
provided under this paragraph, the limitation in section 9(g)(1) of
the Act shall be 25 percent: Provided further, That the Secretary
may waive the limitation in the preceding proviso to allow public
housing agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary shall
notify public housing agencies requesting waivers under the
preceding proviso if the request is approved or denied within 14
days of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary shall
provide bonus awards in fiscal year 2022 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their formula
allocation within 60 days of enactment of this Act;
(4) $75,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this title, to public
housing agencies for emergency capital needs, including safety and
security measures necessary to address crime and drug-related
activity, as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under the
Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C.
5121 et seq.) occurring in fiscal year 2022, of which $45,000,000
shall be available for public housing agencies under administrative
and judicial receiverships or under the control of a Federal
monitor: Provided, That of the amount made available under this
paragraph, not less than $10,000,000 shall be for safety and
security measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all applications
received on or before September 30, 2023, for emergency capital
needs have been processed, shall be allocated to public housing
agencies for such safety and security measures;
(5) $65,000,000 shall be for competitive grants to public
housing agencies to evaluate and reduce residential health hazards
in public housing, including lead-based paint (by carrying out the
activities of risk assessments, abatement, and interim controls, as
those terms are defined in section 1004 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)), carbon
monoxide, mold, radon, and fire safety: Provided, That not less
than $25,000,000 of the amounts provided under this paragraph shall
be awarded for evaluating and reducing lead-based paint hazards:
Provided further, That for purposes of environmental review, a
grant under this paragraph shall be considered funds for projects
or activities under title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of such
Act (42 U.S.C. 1437x) and shall be subject to the regulations
implementing such section: Provided further, That amounts made
available under this paragraph shall be combined with amounts made
available under the sixth paragraph under this heading in the
Consolidated Appropriations Act, 2021 (Public Law 116-260) and
shall be used in accordance with the purposes and requirements
under this paragraph;
(6) $15,000,000 shall be to support the costs of administrative
and judicial receiverships and for competitive grants to PHAs in
receivership, designated troubled or substandard, or otherwise at
risk, as determined by the Secretary, for costs associated with
public housing asset improvement, in addition to other amounts for
that purpose provided under any heading under this title; and
(7) $33,000,000 shall be to support ongoing public housing
financial and physical assessment activities:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2022, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of public
and HUD-assisted housing and to transform neighborhoods of poverty into
functioning, sustainable, mixed-income neighborhoods with appropriate
services, schools, public assets, transportation, and access to jobs,
$350,000,000, to remain available until September 30, 2026: Provided,
That grant funds may be used for resident and community services,
community development, and affordable housing needs in the community,
and for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That not more than 20 percent of the amount
of any grant made with amounts made available under this heading may be
used for necessary supportive services notwithstanding subsection
(d)(1)(L) of such section 24: Provided further, That the use of
amounts made available under this heading shall not be deemed to be for
public housing, notwithstanding section 3(b)(1) of such Act: Provided
further, That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20 years:
Provided further, That grantees shall provide a match in State, local,
other Federal, or private funds: Provided further, That grantees may
include local governments, Tribal entities, public housing agencies,
and nonprofit organizations: Provided further, That for-profit
developers may apply jointly with a public entity: Provided further,
That for purposes of environmental review, a grantee shall be treated
as a public housing agency under section 26 of the United States
Housing Act of 1937 (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the regulations issued
by the Secretary to implement such section: Provided further, That of
the amounts made available under this heading, not less than
$175,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations, including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That not more than $10,000,000 of the amounts made
available under this heading may be provided as grants to undertake
comprehensive local planning with input from residents and the
community: Provided further, That unobligated balances, including
recaptures, remaining from amounts made available under the heading
``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in
fiscal year 2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall make grant
awards not later than 1 year after the date of enactment of this Act in
such amounts that the Secretary determines: Provided further, That
notwithstanding section 24(o) of the United States Housing Act of 1937
(42 U.S.C. 1437v(o)), the Secretary may, until September 30, 2022,
obligate any available unobligated balances made available under this
heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2025, $159,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $109,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency: Provided, That
the Secretary may, by Federal Register notice, waive or specify
alternative requirements under subsections (b)(3), (b)(4), (b)(5),
or (c)(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for individuals
receiving assistance under different provisions of such Act, as
determined by the Secretary: Provided further, That owners or
sponsors of a multifamily property receiving project-based rental
assistance under section 8 of such Act may voluntarily make a
Family Self-Sufficiency program available to the assisted tenants
of such property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the preceding proviso shall permit participating
tenants to accrue escrow funds in accordance with section 23(d)(2)
of such Act and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family Self-
Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and Self-
Sufficiency program to provide for supportive services, service
coordinators, and congregate services as authorized by section 34
of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) and
the Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative, modeled
after the Jobs-Plus demonstration: Provided, That funding provided
under this paragraph shall be available for competitive grants to
partnerships between public housing authorities, local workforce
investment boards established under section 107 of the Workforce
Innovation and Opportunity Act of 2014 (29 U.S.C. 3122), and other
agencies and organizations that provide support to help public
housing residents obtain employment and increase earnings:
Provided further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce investment
boards, and leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request exemptions
from rent and income limitation requirements under sections 3 and 6
of the United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d),
as necessary to implement the Jobs-Plus program, on such terms and
conditions as the Secretary may approve upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents: Provided further,
That the Secretary shall publish by notice in the Federal Register
any waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
native american programs
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
with respect to Indian tribes, and related training and technical
assistance, $1,002,086,000, to remain available until September 30,
2026: Provided, That the amounts made available under this heading are
provided as follows:
(1) $772,000,000 shall be for the Native American Housing Block
Grants program, as authorized under title I of NAHASDA: Provided,
That, notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian tribe, the
Secretary shall apply the formula under section 302 of such Act
with the need component based on single-race census data and with
the need component based on multi-race census data, and the amount
of the allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Secretary shall notify grantees of their formula allocation not
later than 60 days after the date of enactment of this Act;
(2) $150,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized under
title I of NAHASDA: Provided, That the Secretary shall obligate
such amount for competitive grants to eligible recipients
authorized under NAHASDA that apply for funds: Provided further,
That in awarding amounts made available in this paragraph, the
Secretary shall consider need and administrative capacity, and
shall give priority to projects that will spur construction and
rehabilitation of housing: Provided further, That a grant funded
pursuant to this paragraph shall be in an amount not greater than
$7,500,000: Provided further, That any amounts transferred for the
necessary costs of administering and overseeing the obligation and
expenditure of such additional amounts in prior Acts may also be
used for the necessary costs of administering and overseeing such
additional amount;
(3) $1,000,000 shall be for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA: Provided,
That such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided
further, That for fiscal year 2022 amounts made available in this
Act for the cost of guaranteed notes and other obligations and any
unobligated balances, including recaptures and carryover, remaining
from amounts made available for this purpose under this heading or
under the heading ``Native American Housing Block Grants'' in prior
Acts shall be available to subsidize the total principal amount of
any notes and other obligations, any part of which is to be
guaranteed, not to exceed $50,000,000;
(4) $72,086,000 shall be for grants to Indian tribes for
carrying out the Indian Community Development Block Grant program
under title I of the Housing and Community Development Act of 1974,
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 203
of this Act), not more than $5,000,000 may be used for emergencies
that constitute imminent threats to health and safety: Provided,
That not to exceed 20 percent of any grant made with amounts made
available in this paragraph shall be expended for planning and
management development and administration; and
(5) $7,000,000 shall be for providing training and technical
assistance to Indian tribes, Indian housing authorities, and
tribally designated housing entities, to support the inspection of
Indian housing units, for contract expertise, and for training and
technical assistance related to amounts made available under this
heading and other headings in this Act for the needs of Native
American families and Indian country: Provided, That of the
amounts made available in this paragraph, not less than $2,000,000
shall be for a national organization as authorized under section
703 of NAHASDA (25 U.S.C. 4212): Provided further, That amounts
made available in this paragraph may be used, contracted, or
competed as determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements Act
of 1977), the amounts made available in this paragraph may be used
by the Secretary to enter into cooperative agreements with public
and private organizations, agencies, institutions, and other
technical assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under section
302 of NAHASDA (25 U.S.C. 4152), and the administration of
performance tracking and reporting under section 407 of NAHASDA (25
U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $3,000,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That an additional $500,000, to remain
available until expended, shall be for administrative contract
expenses, including management processes to carry out the loan
guarantee program: Provided further, That for fiscal year 2022 amounts
made available in this and prior Acts for the cost of guaranteed loans,
as authorized by section 184 of the Housing and Community Development
Act of 1992 (12 U.S.C. 1715z-13a), that are unobligated, including
recaptures and carryover, shall be available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$1,400,000,000, to remain available until September 30, 2023.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
remain available until September 30, 2026: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
native hawaiian housing loan guarantee fund program account
(including rescission)
New commitments to guarantee loans, as authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed
$28,000,000 in total loan principal: Provided, That the Secretary may
enter into commitments to guarantee loans used for refinancing:
Provided further, That any unobligated balances, including recaptures
and carryover, remaining from amounts made available under this heading
in prior Acts and any remaining total loan principal guarantee
limitation associated with such amounts in such prior Acts are hereby
rescinded.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $450,000,000, to remain available until September 30,
2023, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2024: Provided,
That the Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under section
854(c)(5) of such Act from funds made available under this heading in
fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such
section: Provided further, That the process for submitting amendments
and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $4,841,409,207, to remain available until September 30,
2025, unless otherwise specified: Provided, That of the total amount
provided under this heading, $3,300,000,000 is for carrying out the
community development block grant program under title I of the Housing
and Community Development Act of 1974, as amended (42 U.S.C. 5301 et
seq.) (in this heading ``the Act''): Provided further, That unless
explicitly provided for under this heading, not to exceed 20 percent of
any grant made with funds made available under this heading shall be
expended for planning and management development and administration:
Provided further, That a metropolitan city, urban county, unit of
general local government, or insular area that directly or indirectly
receives funds under this heading may not sell, trade, or otherwise
transfer all or any portion of such funds to another such entity in
exchange for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title I of the
Act: Provided further, That notwithstanding section 105(e)(1) of the
Act, no funds made available under this heading may be provided to a
for-profit entity for an economic development project under section
105(a)(17) unless such project has been evaluated and selected in
accordance with guidelines required under subsection (e)(2) of section
105: Provided further, That of the total amount provided under this
heading, $25,000,000 shall be for activities authorized under section
8071 of the SUPPORT for Patients and Communities Act (Public Law 115-
271): Provided further, That the funds allocated pursuant to the
preceding proviso shall not adversely affect the amount of any formula
assistance received by a State under the first proviso: Provided
further, That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019) except that the formula shall
use age-adjusted rates of drug overdose deaths for 2019 based on data
from the Centers for Disease Control and Prevention: Provided further,
That of the total amount made available under this heading,
$1,516,409,207 shall be available for grants for the Economic
Development Initiative (EDI) for the purposes, and in amounts,
specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the amounts
made available in the preceding proviso shall be used for reimbursement
of expenses incurred prior to the obligation of funds: Provided
further, That the Department of Housing and Urban Development shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2022, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,500,000,000, to remain available
until September 30, 2025: Provided, That notwithstanding section
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances
remaining from amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made available
under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)): Provided
further, That the Department shall notify grantees of their formula
allocations within 60 days after enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds from
its HOME Investment Trust Fund that otherwise expired or would expire
in any calendar year from 2016 through 2024 under that section:
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in any calendar year from
2018 through 2024 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $62,500,000, to remain available until
September 30, 2024: Provided, That the amounts made available under
this heading are provided as follows:
(1) $12,500,000 shall be for the Self-Help Homeownership
Opportunity Program as authorized under such section 11;
(2) $41,000,000 shall be for the second, third, and fourth
capacity building entities specified in section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less
than $5,000,000 shall be for rural capacity building activities:
Provided, That for purposes of awarding grants from amounts made
available in this paragraph, the Secretary may enter into multiyear
agreements, as appropriate, subject to the availability of annual
appropriations;
(3) $5,000,000 shall be for capacity building by national rural
housing organizations having experience assessing national rural
conditions and providing financing, training, technical assistance,
information, and research to local nonprofit organizations, local
governments, and Indian Tribes serving high need rural communities;
and
(4) $4,000,000, shall be for a program to rehabilitate and
modify the homes of disabled or low-income veterans, as authorized
under section 1079 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (38 U.S.C.
2101 note): Provided, That the issuance of a Notice of Funding
Opportunity for the amounts made available in this paragraph shall
be completed not later than 120 days after enactment of this Act
and such amounts shall be awarded not later than 180 days after
such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,213,000,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading--
(1) $290,000,000 shall be for the Emergency Solutions Grants
program authorized under subtitle B of such title IV (42 U.S.C.
11371 et seq.): Provided, That the Department shall notify
grantees of their formula allocation from amounts allocated (which
may represent initial or final amounts allocated) for the Emergency
Solutions Grant program not later than 60 days after enactment of
this Act;
(2) $2,809,000,000 shall be for the Continuum of Care program
authorized under subtitle C of such title IV (42 U.S.C. 11381 et
seq.) and the Rural Housing Stability Assistance programs
authorized under subtitle D of such title IV (42 U.S.C. 11408):
Provided, That the Secretary shall prioritize funding under the
Continuum of Care program to continuums of care that have
demonstrated a capacity to reallocate funding from lower performing
projects to higher performing projects: Provided further, That the
Secretary shall provide incentives to create projects that
coordinate with housing providers and healthcare organizations to
provide permanent supportive housing and rapid re-housing services:
Provided further, That of the amounts made available for the
Continuum of Care program under this paragraph, not less than
$52,000,000 shall be for grants for new rapid re-housing projects
and supportive service projects providing coordinated entry, and
for eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking: Provided further, That
amounts made available for the Continuum of Care program under this
heading in this Act and any remaining unobligated balances from
prior Acts may be used to competitively or non-competitively renew
or replace grants for youth homeless demonstration projects under
the Continuum of Care program, notwithstanding any conflict with
the requirements of the Continuum of Care program;
(3) $7,000,000 shall be for the national homeless data analysis
project: Provided, That notwithstanding the provisions of the
Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C.
6301-6308), the amounts made available under this paragraph and any
remaining unobligated balances under this heading for such purposes
in prior Acts may be used by the Secretary to enter into
cooperative agreements with such entities as may be determined by
the Secretary, including public and private organizations,
agencies, and institutions; and
(4) $107,000,000 shall be to implement projects to demonstrate
how a comprehensive approach to serving homeless youth, age 24 and
under, in up to 25 communities with a priority for communities with
substantial rural populations in up to eight locations, can
dramatically reduce youth homelessness: Provided, That of the
amount made available under this paragraph, not less than
$25,000,000 shall be for youth homelessness system improvement
grants to support communities, including but not limited to the
communities assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system: Provided
further, That of the amount made available under this paragraph, up
to $10,000,000 shall be to provide technical assistance to
communities, including but not limited to the communities assisted
in the preceding proviso and the matter preceding such proviso, on
improving system responses to youth homelessness, and collection,
analysis, use, and reporting of data and performance measures under
the comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the Secretary
may use up to 10 percent of the amount made available under the
preceding proviso to build the capacity of current technical
assistance providers or to train new technical assistance providers
with verifiable prior experience with systems and programs for
youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That persons eligible under section 103(a)(5) of the McKinney-Vento
Homeless Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-housing:
Provided further, That for all matching funds requirements applicable
to funds made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That
none of the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That any unobligated
amounts remaining from funds made available under this heading in
fiscal year 2012 and prior years for project-based rental assistance
for rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal year 2019
or prior years, except for rental assistance amounts that were
recaptured and made available until expended, shall be available for
the current purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$13,540,000,000, to remain available until expended, shall be available
on October 1, 2021 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2021),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2022: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $355,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
preceding proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $1,033,000,000 to remain
available until September 30, 2025: Provided, That of the amount made
available under this heading, up to $125,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That any
funding for existing service coordinators under the preceding proviso
shall be provided within 120 days of enactment of this Act: Provided
further, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2025: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available, in
addition to the amounts otherwise provided by this heading, for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated: Provided further, That of the total amount made
available under this heading, up to $10,000,000 shall be used to expand
the supply of intergenerational dwelling units (as such term is defined
in section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note)) for
elderly caregivers raising children: Provided further, That for the
purposes of the preceding proviso the Secretary may waive, or specify
alternative requirements for, any provision of section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) in order to facilitate the
development of such units, except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available under this
heading, up to $6,000,000 shall be used by the Secretary to support
preservation transactions of housing for the elderly originally
developed with a capital advance and assisted by a project rental
assistance contract under the provisions of section 202(c) of the
Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $352,000,000, to remain available until
September 30, 2025: Provided, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2025: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available in
addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $57,500,000, to remain available until September
30, 2023, including up to $4,500,000 for administrative contract
services: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management or literacy,
and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of awarding grants from amounts provided
under this heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $14,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2022 so as to result
in a final fiscal year 2022 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2022
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from
any program participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2023: Provided, That during
fiscal year 2022, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $150,000,000,
to remain available until September 30, 2023: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2022, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2022 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2023: Provided,
That during fiscal year 2022, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $900,000,000,000, to remain available until
September 30, 2023: Provided, That $33,500,000, to remain available
until September 30, 2023, shall be for necessary salaries and expenses
of the Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2022, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
seq.) shall be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $125,400,000, to remain available
until September 30, 2023: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan to the
House and Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program: Provided further, That an additional $20,000,000, to
remain available until September 30, 2024, shall be for competitive
grants to nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial activities, trial
activities, post-trial activities and alternative dispute resolution)
at no cost to eligible low-income tenants at risk of or subject to
eviction: Provided further, That in awarding grants under the
preceding proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal assistance
to low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to administer
such assistance, and may select unfunded or partially funded eligible
applicants identified in the previous competition: Provided further,
That the Secretary shall ensure, to the extent practicable, that the
proportion of eligible tenants living in rural areas who will receive
legal assistance with grant funds made available under this heading is
not less than the overall proportion of eligible tenants who live in
rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $85,000,000, to remain
available until September 30, 2023: Provided, That notwithstanding
section 3302 of title 31, United States Code, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made available
under this heading may be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $1,000,000 shall be available to the
Secretary for the creation and promotion of translated materials and
other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), and for related activities and assistance,
$415,000,000, to remain available until September 30, 2024: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $290,000,000 shall be for the award of grants pursuant to
such section 1011, of which not less than $95,000,000 shall be
provided to areas with the highest lead-based paint abatement
needs;
(2) $90,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housing-
related diseases and hazards, and mitigating housing-related health
and safety hazards in housing of low-income families, of which--
(A) $5,000,000 of such amounts shall be for the
implementation of projects in up to five communities that are
served by both the Healthy Homes Initiative and the Department
of Energy weatherization programs to demonstrate whether the
coordination of Healthy Homes remediation activities with
weatherization activities achieves cost savings and better
outcomes in improving the safety and quality of homes; and
(B) $15,000,000 of such amounts shall be for grants to
experienced non-profit organizations, States, local
governments, or public housing agencies for safety and
functional home modification repairs and renovations to meet
the needs of low-income elderly homeowners to enable them to
remain in their primary residence: Provided, That of the total
amount made available under this subparagraph no less than
$5,000,000 shall be available to meet such needs in communities
with substantial rural populations;
(3) $5,000,000 shall be for the award of grants and contracts
for research pursuant to sections 1051 and 1052 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4854,
4854a);
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the heading
``Research and Technology'' for the purposes of conducting research
and studies and for use in accordance with the provisos under that
heading for non-competitive agreements;
(5) $25,000,000 shall be for a lead-risk assessment
demonstration for public housing agencies to conduct lead hazard
screenings or lead-risk assessments during housing quality
standards inspections of units in which a family receiving
assistance under section 8(o) of the U.S. Housing Act of 1937 (42
U.S.C. 1437f(o)) resides or expects to reside, and has or expects
to have a child under age 6 residing in the unit, while preserving
rental housing availability and affordability; and
(6) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon demonstration)
in public housing: Provided, That the testing method, mitigation
method, or action level used under the radon demonstration shall be
as specified by applicable state or local law, if such law is more
protective of human health or the environment than the method or
level specified by the Secretary:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the Healthy Homes Initiative, or the Lead Technical
Studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this
heading, or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary to carry
out the proposed use of funds pursuant to a notice of funding
opportunity: Provided further, That amounts made available under this
heading, except for amounts in paragraphs (2)(B) for home modification
repairs and renovations, in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information technology
systems and infrastructure, $323,200,000, to remain available until
September 30, 2024, of which up to $40,000,000 shall be for
development, modernization, and enhancement projects, including
planning for such projects: Provided, That not more than 10 percent of
the funds made available under this heading for development,
modernization, and enhancement may be obligated until the Secretary
submits and the House and Senate Committees on Appropriations approve a
plan that--
(1) identifies for each development, modernization, and
enhancement project to be funded from available balances, including
carryover--
(A) plain language summaries of the project scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project--
(A) the functional and performance capabilities to be
delivered and the mission benefits to be realized;
(B) the estimated life-cycle cost;
(C) key milestones to be met through the project end date,
including any identified system decommissioning;
(D) a description of the procurement strategy and
governance structure for the project and the number of HUD
staff and contractors supporting the project; and
(E) certification from the Chief Information Officer that
each project is compliant with the Department's enterprise
architecture, life-cycle management and capital planning and
investment control requirements:
Provided further, That not later than 30 days after the end of
each quarter, the Secretary shall submit an updated report to the
Committees on Appropriations of the House of Representatives and
the Senate summarizing the status, cost and plan for all
modernization projects; and for each major modernization project
with an approved project plan, identifying--
(1) results and actual expenditures of the prior quarter;
(2) any variances in cost, schedule (including procurement), or
functionality from the previously approved project plan, reasons
for such variances and estimated impact on total life-cycle costs;
and
(3) risks and mitigation strategies associated with ongoing
work.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$140,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
during fiscal year 2022 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2022 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each program
and activity within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees upon
request.
Sec. 208. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2022 and
2023, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring
project shall be no less than when transferred to the receiving
project or projects and the net dollar amount of Federal
assistance provided to the transferring project shall remain
the same in the receiving project or projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable,
or be reasonably expected to become economically nonviable when
complying with state or Federal requirements for community
integration and reduced concentration of individuals with
disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials.
(5) The tenants of the transferring project who remain eligible
for assistance to be provided by the receiving project or projects
shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in the best
interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on, such project by
the Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or rehabilitation
of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving project
or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any such
increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have
the meanings provided by the statute and/or regulations governing
the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section existed
before the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of the
project-based assistance, debt, and statutorily required low-income
and very low-income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the project-
based assistance, debt, and the statutorily required low-income and
very low-income use restrictions to the receiving project or
projects; and
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older and
is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2022, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the Secretary may,
in consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental assistance.
The Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary in connection with the
operating fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 214. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 215. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2022, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding opportunity (NOFO) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2022, the Secretary may make the NOFO available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
no appropriation for any such office under such headings shall be
increased or decreased by more than 10 percent or $5,000,000, whichever
is less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3 days
that all Exigent Health and Safety deficiencies identified by the
inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to
such units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with a
management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) abate the section 8 contract, including partial abatement,
as determined by the Secretary, until all deficiencies have been
corrected;
(D) pursue transfer of the project to an owner, approved by the
Secretary under established procedures, who will be obligated to
promptly make all required repairs and to accept renewal of the
assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another project
or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial order
of specific performance requiring the owner to cure all project
deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate;
or
(I) take any other regulatory or contractual remedies available
as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property and
all available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance.
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of less than
60 or have received an unsatisfactory management and occupancy review
within the past 36 months. The report shall include--
(1) identification of the enforcement actions being taken to
address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of Housing
and Urban Development is taking to protect tenants of such
identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered under a
housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
of the transmittal of the first report.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2022.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, Tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices.
Sec. 222. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 223. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and 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
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2022 for
the Continuum of Care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 229. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 230. None of the amounts made available in this Act may be
used to consider Family Self-Sufficiency performance measures or
performance scores in determining funding awards for programs receiving
Family Self-Sufficiency program coordinator funding provided in this
Act.
Sec. 231. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 232. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or
be used to prohibit a public housing agency from using such funds to
carry out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
Lead Safe Housing or Lead Disclosure Rules.
Sec. 233. None of the funds made available by this title may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 234. Funds made available in the Consolidated and Further
Continuing Appropriations Act, 2015 (Public Law 113-235) for the
``Choice Neighborhoods Initiative'' that were available for obligation
through fiscal year 2017 are to remain available through fiscal year
2023 for the liquidation of valid obligations incurred in fiscal years
2015 through 2017.
Sec. 235. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 236. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), as most recently amended
by Public Law 115-141, is further amended--
(1) after the seventeenth proviso, by inserting the following
new proviso: ``Provided further, That conversions of assistance
under the following provisos herein shall be considered as the
`Second Component' and shall be authorized for fiscal year 2012 and
thereafter:'';
(2) by striking the nineteenth proviso, as reordered above, and
inserting the following four provisos: ``Provided further, That
owners of properties assisted under section 101 of the Housing and
Urban Development Act of 1965, section 236(f)(2) of the National
Housing Act, or section 8(e)(2) of the United States Housing Act of
1937, for which an event after October 1, 2006 has caused or
results in the termination of rental assistance or affordability
restrictions and the issuance of tenant protection vouchers under
section 8(o) of the Act shall be eligible, subject to requirements
established by the Secretary, for conversion of assistance
available for such vouchers or assistance contracts to assistance
under a long term project-based subsidy contract under section 8 of
the Act: Provided further, That owners of properties with a project
rental assistance contract under section 202(c)(2) of the Housing
Act of 1959 shall be eligible, subject to requirements established
by the Secretary, including but not limited to the subordination,
restructuring, or both, of any capital advance documentation,
including any note, mortgage, use agreement or other agreements,
evidencing or securing a capital advance previously provided by the
Secretary under section 202(c)(1) of the Housing Act of 1959 as
necessary to facilitate the conversion of assistance while
maintaining the affordability period and the designation of the
property as serving elderly persons, and tenant consultation
procedures, for conversion of assistance available for such
assistance contracts to assistance under a long term project-based
subsidy contract under section 8 of the Act: Provided further, That
owners of properties with a project rental assistance contract
under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act, shall be eligible, subject to requirements
established by the Secretary, including but not limited to the
subordination, restructuring, or both, of any capital advance
documentation, including any note, mortgage, use agreement or other
agreements, evidencing or securing a capital advance previously
provided by the Secretary under section 811(d)(2) of the Cranston-
Gonzalez National Affordable Housing Act as necessary to facilitate
the conversion of assistance while maintaining the affordability
period and the designation of the property as serving persons with
disabilities, and tenant consultation procedures, for conversion of
assistance contracts to assistance under a long term project-based
subsidy contract under section 8 of the Act: Provided further, That
long term project-based subsidy contracts under section 8 of the
Act which are established under this Second Component shall have a
term of no less than 20 years, with rent adjustments only by an
operating cost factor established by the Secretary, which shall be
eligible for renewal under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note), or, subject to agreement of the administering public housing
agency, to assistance under section 8(o)(13) of the Act, to which
the limitation under subsection (B) of section 8(o)(13) of the Act
shall not apply and for which the Secretary may waive or alter the
provisions of subparagraphs (C) and (D) of section 8(o)(13) of the
Act:'';
(3) after the twenty-third proviso, as reordered above, by
inserting the following new proviso: ``Provided further, That the
Secretary may waive or alter the requirements of section 8(c)(1)(A)
of the Act for contracts provided to properties converting
assistance from section 202(c)(2) of the Housing Act of 1959 or
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act as necessary to ensure the ongoing provision and
coordination of services or to avoid a reduction in project
subsidy:''; and
(4) in the twenty-ninth proviso, as reordered above, by--
(A) striking ``heading `Housing for the Elderly''' and
inserting ``headings `Housing for the Elderly' and `Housing for
Persons with Disabilities'''; and
(B) inserting ``or section 811 project rental assistance
contract'' after ``section 202 project rental assistance
contract''.
Sec. 237. For fiscal year 2022, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary through the Offices of Public and Indian Housing, Community
Planning and Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have received
for a formula allocation cycle pursuant to applicable statutes and
regulations, the Secretary may adjust for any such funding error in the
next applicable formula allocation cycle by (a) offsetting each such
recipient's formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount of any such
funding error, and (b) reallocating any available balances that are
attributable to the offset to the recipient or recipients that would
have been allocated additional funds in the formula allocation cycle in
which any such error occurred (if such recipient or recipients are
eligible for a formula allocation in the next applicable formula
allocation cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation cycle:
Provided, That all offsets and reallocations from such available
balances shall be recorded against funds available for the next
applicable formula allocation cycle: Provided further, That the term
``next applicable formula allocation cycle'' means the first formula
allocation cycle for a program that is reasonably available for
correction following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving consideration
to all Federal resources available to the recipient for the same grant
purposes, the Secretary determines that the offset in the next
applicable formula allocation cycle would critically impair the
recipient's ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more formula
allocation cycles.
Sec. 238. Of the unobligated balances available to the Department
of Housing and Urban Development from title II of division L of the
Consolidated Appropriations Act of 2021 (Public Law 116-260), the
following funds are hereby rescinded from the following accounts in the
specified amounts--
(1) ``Management and Administration--Executive Offices'',
$4,000,000; and
(2) ``Management and Administration--Administrative Support
Offices'', $25,000,000.
Sec. 239. The Secretary may, upon a finding that a waiver or
alternative requirement is necessary to facilitate the use of funds
made available in paragraph (8) under the heading ``Tenant-Based Rental
Assistance'' in the Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2021 (Public Law 116-260), waive
or specify alternative requirements, other than requirements related to
tenant rights and protections, rent setting, fair housing,
nondiscrimination, labor standards, and the environment, for--
(1) section 214(d)(2) of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a(d)(2)), and regulatory provisions
related to the timing of when documentation verifying eligibility
must be obtained;
(2) section 576(a), (b), and (c) of the Quality Housing and
Work Responsibility Act of 1998 (42 U.S.C. 13661(a), (b), and (c)),
and regulatory provisions related to the verification of
eligibility, eligibility requirements, and the admissions process;
(3) section 8(o)(6)(A) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions related to the
administration of waiting lists, local preferences, and the initial
term and extensions of tenant-based vouchers;
(4) section 8(o)(7)(A) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(7)(A)) and regulatory provisions related to the
initial lease term;
(5) section 8(o)(8) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(8)) and regulatory provisions related to
related to the timing of the initial inspection of a unit to allow
for pre-inspections;
(6) section 8(o)(13)(J) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(13)(J)) and regulatory provisions related
to the selection of tenants for project-based assistance;
(7) section 8(r)(B)(i) of the United States Housing Act of 1937
(42 U.S.C. 1437f(r)(B)(i)) and regulatory provisions related to
portability moves by non-resident applicants;
(8) section 16(b) of the United States Housing Act of 1937 (42
U.S.C. 1437n(b)) and regulatory provisions related to the
eligibility and targeting of families for tenant-based assistance;
and
(9) regulatory provisions related to the establishment of
payment standards.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2022''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,750,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 46107), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code; and
uniforms or allowances therefore, as authorized by sections 5901 and
5902 of title 5, United States Code, $32,869,000: Provided, That not
to exceed $3,500 shall be for official reception and representation
expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $26,248,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States Code, by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year 2023,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2023 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code, $121,400,000, of
which not to exceed $2,000 may be used for official reception and
representation expenses: Provided, That the amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $163,000,000:
Provided, That an additional $3,000,000, to remain available until
September 30, 2025, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $39,152,000: Provided, That, notwithstanding any other provision
of law, not to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made available
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2022, to result in a final appropriation from the general
fund estimated at not more than $37,902,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,800,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2022, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to
the Committees on Appropriations or the table accompanying the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), whichever is more
detailed, unless prior approval is received from the House and
Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix for the
respective appropriations, whichever is more detailed, and
shall apply to all items for which a dollar amount is specified
and to all programs for which new budget (obligational)
authority is provided, as well as to discretionary grants and
discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2022 from appropriations made available for salaries
and expenses for fiscal year 2022 in this Act, shall remain available
through September 30, 2023, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. 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 appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 414. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. Within the amounts appropriated in this Act, funding
shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
Sec. 418. None of the funds made available by this Act to the
Department of Transportation may be used in contravention of section
306108 of title 54, United States Code.
Sec. 419. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 420. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 421. Section 1105(e)(5)(A) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
2032; 109 Stat. 597; 118 Stat. 293; 133 Stat. 3018) is amended, in the
first sentence, by inserting ``clauses (i) and (iv) of subsection
(c)(38)(A),'' after ``subsection (c)(37),''.
Sec. 422. The remaining unobligated balances, as of September 30,
2022, from amounts made available to the Department of Transportation
under the heading ``Federal Transit Administration--Capital Investment
Grants'' in division G of the Consolidated Appropriations Act, 2019
(Public Law 116-6) are hereby rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2022, for an additional amount for fiscal
year 2022, to remain available until September 30, 2023, and shall be
available for the same purposes and under the same authorities for
which such amounts were originally provided in Public Law 116-6.
Sec. 423. The second proviso under the heading ``Department of
Transportation--Office of the Secretary--National Infrastructure
Investments'' in title VIII of division J of Public Law 117-58 is
amended--
(1) by striking ``to remain until September'' and inserting
``to remain available until September''; and
(2) by striking ``to remain available September'' and inserting
``to remain available until September'':
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985 are designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
Sec. 424. The matter preceding the first proviso under the heading
``Department of Transportation--Office of the Secretary--National
Culvert Removal, Replacement, and Restoration Grants'' in title VIII of
division J of Public Law 117-58 is amended by striking ``section 6203''
and inserting ``section 6703'': Provided, That amounts repurposed
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
Sec. 425. Section 801 of title VIII of division J of Public Law
117-58 is amended--
(1) in subsection (a), by striking ``the programs administered
by the Office of Multimodal Infrastructure and Freight may be
transferred to an `Office of Multimodal Infrastructure and Freight'
account, to remain available until expended, for the necessary
expenses of award, administration, or oversight of any
discretionary financial assistance programs funded under this title
in this Act or division A of this Act: Provided,'' and inserting
``the programs administered by the Office of the Secretary may be
transferred to an `Operational Support' account, to remain
available until expended, for the necessary expenses of (1)
coordination of the implementation of any division of this Act or
(2) the award, administration, or oversight of any financial
assistance programs funded under this title in this Act or
divisions A, B, C, or G of this Act: Provided, That amounts
transferred pursuant to the authority in this section are available
in addition to amounts otherwise available for such purposes:
Provided further,''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1) and in paragraph
(6), by striking ``Office of Multimodal Infrastructure and
Freight'' and inserting ``Office of the Secretary''; and
(B) in paragraph (5), by striking ``section 6203'' and
inserting ``section 6703'':
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985 are designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
Sec. 426. The heading ``Department of Transportation--Federal
Highway Administration--Highway Infrastructure Program'' in title VIII
of division J of Public Law 117-58 is amended by striking ``Program''
and inserting ``Programs'': Provided, That amounts repurposed pursuant
to this section that were previously designated by the Congress as an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
Sec. 427. The matter under the heading ``Department of
Transportation--Federal Highway Administration--Highway Infrastructure
Program'' in title VIII of division J of Public Law 117-58 is amended--
(1) in the third proviso, by striking ``administrations'' and
inserting ``administration'';
(2) in the fourth proviso, by inserting ``and shall remain
available until expended'' after ``in the same account'';
(3) in paragraph (1), by striking ``construction program:
Provided further,'' and inserting ``construction program:
Provided,'';
(4) in the ninth proviso in paragraph (2)--
(A) by striking ``withdrawn from a State under the
preceding proviso'' and inserting ``withdrawn from a State
under the sixth proviso of this paragraph in this Act'';
(B) by striking ``within the State under the preceding
proviso'' and inserting ``within the State under such
proviso'';
(C) by striking ``withdrawn under the preceding proviso''
and inserting ``withdrawn under such proviso'';
(D) by striking ``under the second proviso under this
paragraph'' and inserting ``under the second proviso of this
paragraph''; and
(E) by striking ``withheld or withdrawn under the preceding
proviso:'' and inserting ``withheld or withdrawn under the
sixth proviso of this paragraph in this Act:'';
(5) in the sixteenth proviso in paragraph (2), by striking
``publically accessible'' and inserting ``publicly accessible''
each place it appears;
(6) in the twenty-first proviso in paragraph (2), by striking
``twenty-fourth proviso'' and inserting ``twenty-sixth proviso'';
(7) in the twenty-fourth proviso in paragraph (2), by striking
``nineteenth proviso'' and inserting ``twenty-first proviso'';
(8) in the thirtieth proviso in paragraph (2), by striking
``previous proviso'' and inserting ``preceding proviso'';
(9) in the fourth proviso in paragraph (9)--
(A) by striking ``third proviso in this'' and inserting
``third proviso of this''; and
(B) by striking ``under this heading:'' and inserting
``under this paragraph in this Act:''; and
(10) in the fifth proviso in paragraph (9), by striking ``in
this paragraph in this Act'' and inserting ``in this paragraph of
this Act'':
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985 are designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
Sec. 428. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Northeast Corridor
Grants to the National Railroad Passenger Corporation'' in title VIII
of division J of Public Law 117-58 is amended--
(1) in the third proviso, by striking ``shall be made available
for'' and inserting ``shall be made available for appropriate costs
required for''; and
(2) in the seventh proviso, by striking ``the capital costs
of'' and inserting ``the costs of'':
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985 are designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
Sec. 429. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--National Network
Grants to the National Railroad Passenger Corporation'' in title VIII
of division J of Public Law 117-58 is amended in the second proviso, by
striking ``under this heading in this Act shall be made available for''
and inserting ``under this heading in this Act shall be made available
for appropriate costs required for'': Provided, That amounts
repurposed pursuant to this section that were previously designated by
the Congress as an emergency requirement pursuant to section 4112(a) of
H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section 4001(a)(1) and
section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
Sec. 430. The matter preceding the first proviso under the heading
``Department of Transportation--Federal Railroad Administration--
Federal-State Partnership for Intercity Passenger Rail Grants'' in
title VIII of division J of Public Law 117-58 is amended by inserting
``in'' before ``section 24911'': Provided, That amounts repurposed
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022.
Sec. 431. The eighth proviso under the heading ``Department of
Transportation--Pipeline and Hazardous Materials Safety
Administration--Natural Gas Distribution Infrastructure Safety and
Modernization Grant Program'' in title VIII of division J of Public Law
117-58 is amended by striking ``transferred pursuant to the authority
in this section in each of fiscal years 2022 through 2026'' and
inserting ``in the preceding proviso'': Provided, That amounts
repurposed pursuant to this section that were previously designated by
the Congress as an emergency requirement pursuant to section 4112(a) of
H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section 4001(a)(1) and
section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
Sec. 432. (a) Funds previously made available in chapter 9 of title
X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2,
division A; 127 Stat. 36) under the heading ``Department of Housing and
Urban Development--Community Planning and Development--Community
Development Fund'' that were available for obligation through fiscal
year 2017 are to remain available through fiscal year 2025 for the
liquidation of valid obligations incurred in fiscal years 2013 through
2017.
(b) Emergency.--Amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022.
Sec. 433. Any obligated balances from amounts made available for
project-based vouchers under the heading ``Permanent Supportive
Housing'' in chapter 6 of title III of Public Law 110-252 may be used
for tenant-based rental assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)).
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2022''.
DIVISION N--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
food for peace title ii grants
For an additional amount for ``Food for Peace Title II Grants'',
$100,000,000, to remain available until expended.
TITLE II
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
operations and administration
For an additional amount for ``Operations and Administration'',
$22,100,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses: Provided, That
the Bureau of Industry and Security shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this Act:
Provided further, That amounts provided under this heading in this Act
may not be used to increase the number of permanent positions:
Provided further, That amounts made available under this heading in
this Act may be used to appoint such temporary personnel as may be
necessary without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service: Provided
further, That the Secretary of Commerce is authorized to appoint such
temporary personnel, after serving continuously for one year, to
positions in the Bureau of Industry and Security in the same manner
that competitive service employees with competitive status are
considered for transfer, reassignment, or promotion to such positions
and an individual appointed under this provision shall become a career-
conditional employee, unless the employee has already completed the
service requirements for career tenure.
DEPARTMENT OF JUSTICE
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $9,700,000, to remain available until September 30, 2023,
to respond to the situation in Ukraine and for related expenses:
Provided, That amounts provided under this heading in this Act may not
be used to increase the number of permanent positions.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $5,000,000, to remain available until September 30, 2023,
to respond to the situation in Ukraine and for related expenses:
Provided, That amounts provided under this heading in this Act may not
be used to increase the number of permanent positions.
National Security Division
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,100,000,
to remain available until September 30, 2023, to respond to the
situation in Ukraine and for related expenses: Provided, That amounts
provided under this heading in this Act may not be used to increase the
number of permanent positions.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$43,600,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$130,377,000, to remain available until September 30, 2022, to respond
to the situation in Ukraine and for related expenses.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$11,645,000, to remain available until September 30, 2022, to respond
to the situation in Ukraine and for related expenses.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$3,079,000, to remain available until September 30, 2022, to respond to
the situation in Ukraine and for related expenses.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$50,396,000, to remain available until September 30, 2022, to respond
to the situation in Ukraine and for related expenses.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$1,113,234,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$202,797,000, to remain available until September 30, 2022, to respond
to the situation in Ukraine and for related expenses.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $21,440,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $415,442,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $800,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $311,583,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
PROCUREMENT
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$213,693,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$14,259,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $31,100,000, to remain available until September
30, 2023, to respond to the situation in Ukraine and for related
expenses.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $47,500,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine and for
related expenses.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $51,745,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine and for
related expenses.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$409,000,000, to remain available until September 30, 2022, to respond
to the situation in Ukraine and for related expenses.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 2301. In addition to amounts provided elsewhere in this
title, there is appropriated $3,500,000,000, for an additional amount
for ``Operation and Maintenance, Defense-Wide'', to remain available
until September 30, 2023, which may be transferred to accounts under
the headings ``Operation and Maintenance'' and ``Procurement'', for
replacement of defense articles from the stocks of the Department of
Defense, and for reimbursement for defense services of the Department
of Defense and military education and training, provided to the
Government of Ukraine: Provided, That the Secretary of Defense shall
notify the congressional defense committees of the details of such
transfers not less than 30 days before any such transfer: Provided
further, That the funds transferred pursuant to this section shall be
merged with and available for the same purposes and for the same time
period as the appropriations to which the funds are transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back and
merged with this appropriation: Provided further, That the transfer
authority provided in this section is in addition to any other transfer
authority provided by law.
Sec. 2302. The Inspector General of the Department of Defense
shall carry out reviews of the activities of the Department of Defense
to execute funds appropriated in this Act, including assistance
provided to Ukraine: Provided, That the Inspector General shall
provide to the congressional defense committees a written report not
later than 120 days after the date of enactment of this Act.
TITLE IV
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Departmental Administration
(including transfer of funds)
For an additional amount for ``Departmental Administration'',
$30,000,000, to remain available until expended, to respond to the
situation in Ukraine and for related expenses: Provided, That funds
appropriated under this heading in this Act may be transferred to, and
merged with, other appropriation accounts of the Department of Energy,
to respond to the situation in Ukraine and for related expenses:
Provided further, That upon a determination that all or part of the
funds transferred pursuant to the authority provided under this heading
are not necessary for such purposes, such amounts may be transferred
back to this appropriation.
TITLE V
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$17,000,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses.
office of terrorism and financial intelligence
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$25,000,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses.
Financial Crimes Enforcement Network
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$19,000,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses.
TITLE VI
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
(including transfers of funds)
For an additional amount for ``Diplomatic Programs'', $125,000,000,
to remain available until September 30, 2024, to respond to the
situation in Ukraine and in countries impacted by the situation in
Ukraine: Provided, That up to $15,000,000 may be transferred to, and
merged with, funds available under the heading ``Emergencies in the
Diplomatic and Consular Service'': Provided further, That up to
$50,000,000 may be transferred to, and merged with, funds available
under the heading ``Capital Investment Fund'' for cybersecurity and
related information technology investments: Provided further, That
funds appropriated under this heading in this Act shall be made
available, as appropriate, to enhance the capacity of the Department of
State to identify the assets of Russian and other oligarchs related to
the situation in Ukraine, and to coordinate with the Department of the
Treasury in seizing or freezing such assets.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$4,000,000, to remain available until September 30, 2024.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $25,000,000, to remain available until September 30,
2024, to respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine, including to enhance the capacity of Radio
Free Europe/Radio Liberty, Voice of America, and other United States
broadcasting entities and independent grantee organizations.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $25,000,000,
to remain available until September 30, 2024, to respond to the
situation in Ukraine and in countries impacted by the situation in
Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$4,000,000, to remain available until September 30, 2024.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$2,650,000,000, to remain available until expended, to respond to
humanitarian needs in Ukraine and in countries impacted by the
situation in Ukraine, including the provision of emergency food and
shelter, and for assistance for other vulnerable populations and
communities.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$120,000,000, to remain available until expended, for assistance for
Ukraine and countries impacted by the situation in Ukraine.
economic support fund
(including transfers of funds)
For an additional amount for ``Economic Support Fund'',
$647,000,000, to remain available until September 30, 2024, for
assistance for Ukraine and countries impacted by the situation in
Ukraine, including direct financial support: Provided, That funds
appropriated under this heading in this Act may be made available
notwithstanding any other provision of law that restricts assistance to
foreign countries.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $1,120,000,000, to remain available until September 30,
2024, for assistance and related programs for Ukraine and other
countries identified in section 3 of the FREEDOM Support Act (22 U.S.C.
5801) and section 3(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5402(c))).
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,400,000,000, to remain available until expended, to assist refugees
from Ukraine and for additional support for other vulnerable
populations and communities.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $30,000,000, to remain available until September 30,
2024, for assistance for Ukraine and countries impacted by the
situation in Ukraine.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $650,000,000, to remain available until September 30, 2024,
for assistance for Ukraine and countries impacted by the situation in
Ukraine.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 2601. During fiscal year 2022, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied
by substituting ``$3,000,000,000'' for ``$100,000,000''.
Sec. 2602. During fiscal year 2022, section 614(a)(4)(A)(ii) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2364) shall be applied by
substituting ``$500,000,000'' for ``$250,000,000'' and section
614(a)(4)(C) shall be applied by substituting ``$100,000,000'' for
``$50,000,000'', by substituting ``$500,000,000'' for ``$250,000,000'',
by substituting ``$750,000,000'' for ``$500,000,000'', and by
substituting ``$1,250,000,000'' for ``$1,000,000,000''.
Sec. 2603. During fiscal year 2022, the President may transfer
excess defense articles to Ukraine and to allies and partners in Europe
pursuant to section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) without regard to the notification requirement in section
516(f)(1) of such Act and the monetary limitation in section 516(g) of
such Act: Provided, That not later than 30 days after such a transfer
has occurred, the President shall report to the appropriate
congressional committees on the items transferred, pursuant to the
specifications in section 516(f) of such Act.
Sec. 2604. (a) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be transferred to, and merged with, funds appropriated
by this title under such headings to respond to humanitarian needs in
Ukraine and in countries impacted by the situation in Ukraine and for
other assistance for vulnerable populations and communities.
(b) Funds appropriated by this title under the headings
``Transition Initiatives'', ``Economic Support Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'' may be transferred to, and merged with,
funds available under such headings and with funds available under the
headings ``Complex Crises Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' for assistance for Ukraine
and countries impacted by the situation in Ukraine and to respond to
humanitarian needs.
(c) Funds appropriated by this title under the heading ``Economic
Support Fund'' may be transferred to, and merged with, funds available
under the heading ``Diplomatic Programs'' for activities related to
public engagement, messaging, and countering disinformation.
(d) The transfer authorities provided by this title are in addition
to any other transfer authority provided by law.
(e) The exercise of the transfer authorities provided by this title
shall be subject to prior consultation with the Committees on
Appropriations.
(f) Upon a determination that all or part of the funds transferred
pursuant to the authorities provided under this title are not necessary
for such purposes, such amounts may be transferred back to such
appropriations.
Sec. 2605. Funds appropriated by this title under the headings
``Diplomatic Programs'', ``International Broadcasting Operations'',
``Operating Expenses'', ``International Disaster Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', ``International Narcotics Control and Law Enforcement''
and ``Foreign Military Financing Program'' may be used to reimburse
accounts administered by the Department of State, United States Agency
for Global Media, and the United States Agency for International
Development for obligations incurred related to the situation in
Ukraine and in countries impacted by the situation in Ukraine under
such headings prior to the date of enactment of this Act.
Sec. 2606. (a) During fiscal year 2022, direct loans under section
23 of the Arms Export Control Act may be made available for Ukraine and
North Atlantic Treaty Organization (NATO) allies, notwithstanding
section 23(c)(1) of the Arms Export Control Act, gross obligations for
the principal amounts of which shall not exceed $4,000,000,000:
Provided, That funds made available under the heading ``Foreign
Military Financing Program'' in this title and unobligated balances of
funds made available under such heading in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of such loans:
Provided further, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974 and may include the costs of selling, reducing, or
cancelling any amounts owed to the United States or any agency of the
United States: Provided further, That the Government of the United
States may charge fees for such loans, which shall be collected from
borrowers in accordance with section 502(7) of the Congressional Budget
Act of 1974: Provided further, That no funds made available by this or
any other appropriations Act for this fiscal year or prior fiscal years
may be used for payment of any fees associated with such loans:
Provided further, That such loans shall be repaid in not more than 12
years, including a grace period of up to one year on repayment of
principal: Provided further, That notwithstanding section 23(c)(1) of
the Arms Export Control Act, interest for such loans may be charged at
a rate determined by the Secretary of State, except that such rate may
not be less than the prevailing interest rate on marketable Treasury
securities of similar maturity: Provided further, That amounts made
available under this subsection for such costs shall not be considered
assistance for the purposes of provisions of law limiting assistance to
a country.
(b) Funds made available under the heading ``Foreign Military
Financing Program'' in this title and unobligated balances of funds
made available under such heading in prior Acts making appropriations
for the Department of State, foreign operations, and related programs
may be made available, notwithstanding the third proviso under such
heading, for the costs of loan guarantees under section 24 of the Arms
Export Control Act for Ukraine and NATO allies, which are authorized to
be provided: Provided, That such funds are available to subsidize
gross obligations for the principal amount of commercial loans, and
total loan principal, any part of which is to be guaranteed, not to
exceed $4,000,000,000: Provided further, That no loan guarantee with
respect to any one borrower may exceed 80 percent of the loan
principal: Provided further, That any loan guaranteed under this
subsection may not be subordinated to another debt contracted by the
borrower or to any other claims against the borrower in the case of
default: Provided further, That repayment in United States dollars of
any loan guaranteed under this subsection shall be required within a
period not to exceed 12 years after the loan agreement is signed:
Provided further, That the Government of the United States may charge
fees for such loan guarantees, as may be determined, notwithstanding
section 24 of the Arms Export Control Act, which shall be collected
from borrowers or third parties on behalf of such borrowers in
accordance with section 502(7) of the Congressional Budget Act of 1974:
Provided further, That amounts made available under this subsection
for the costs of such guarantees shall not be considered assistance for
the purposes of provisions of law limiting assistance to a country.
(c) Funds made available pursuant to the authorities of this
section shall be subject to prior consultation with the appropriate
congressional committees, and the regular notification procedures of
the Committees on Appropriations.
Sec. 2607. Not later than 30 days after the date of enactment of
this Act, the Secretary of State and Administrator of the United States
Agency for International Development shall jointly submit a report to
the Committees on Appropriations on the proposed uses of funds
appropriated by this title: Provided, That the United States Agency
for Global Media Chief Executive Officer shall submit a separate report
not later than 30 days after the date of enactment of this Act for
funds appropriated under the heading ``International Broadcasting
Operations'': Provided further, That such reports shall be updated and
submitted to the Committees on Appropriations every 60 days thereafter
until September 30, 2024, and every 120 days thereafter until all funds
have been expended.
TITLE VII
GENERAL PROVISIONS--THIS ACT
Sec. 2701. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 2702. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 2703. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2022.
Sec. 2704. (a) Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Defense shall submit to the appropriate congressional committees and
congressional Leadership a report that includes the following:
(1) a description of United States Government assistance
provided to the security forces of the Government of Ukraine for
the purpose of supporting the Ukrainian people as they defend their
territorial integrity and sovereignty, and to counter ongoing
Russian aggression, including:
(A) an assessment of Ukrainian security requirements and
capabilities gaps the assistance seeks to fill; and
(B) formal requests from the Government of Ukraine for
specific defense articles and services as of the date of
enactment;
(2) a description, to the extent practicable, of other
assistance, including lethal assistance, Ukraine has received since
December 1, 2021, from foreign governments;
(3) a description of United States Government diplomatic
efforts to end Russia's aggression against Ukraine and to restore
Ukraine's sovereignty;
(4) a detailed description of United States Government policies
aimed at supporting North Atlantic Treaty Organization (NATO)
allies and other European partners threatened by the government of
the Russian Federation and its proxies and increased strain from
the humanitarian crisis; and
(5) a plan to replenish stocks of U.S. origin defense articles
transferred by NATO or its member states to Ukraine.
(b) The report required by subsection (a) shall be submitted in
unclassified form but may contain a classified annex, if necessary.
(c) Every 90 days after the release of the first report to the
appropriate congressional committees, the Secretary of State and the
Secretary of Defense shall submit to the appropriate congressional
committees and congressional Leadership a report that includes:
(1) a detailed description of defense articles transferred or
scheduled to be transferred by the United States to the Government
of Ukraine; and
(2) a detailed description of U.S. origin defense articles
transferred by NATO or its member states under U.S. authorization
to the Government of Ukraine during the reporting period.
(d) For purposes of this section, the term ``appropriate
congressional committees'' means the House Committees on Foreign
Affairs, Armed Services, and Appropriations and the Senate Committees
on Foreign Relations, Armed Services, and Appropriations.
Sec. 2705. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Ukraine Supplemental
Appropriations Act, 2022''.
DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS
TITLE I--FLOOD INSURANCE
SEC. 101. NATIONAL FLOOD INSURANCE PROGRAM EXTENSION.
(a) Financing.--Section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) is amended by striking ``September 30,
2021'' and inserting ``September 30, 2022''.
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2021'' and inserting ``September 30, 2022''.
TITLE II--IMMIGRATION EXTENSIONS
SEC. 201. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2022'' for ``September 30, 2015''.
SEC. 202. NON-MINISTER RELIGIOUS WORKERS.
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be
applied by substituting ``September 30, 2022'' for ``September 30,
2015''.
SEC. 203. RURAL HEALTHCARE WORKERS.
Subclauses 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ``September 30, 2022'' for ``September 30, 2015''.
SEC. 204. H-2B SUPPLEMENTAL VISAS EXEMPTION.
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2022 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
TITLE III--LIVESTOCK REPORTING EXTENSION
SEC. 301. LIVESTOCK MANDATORY REPORTING EXTENSION.
(a) In General.--Section 260 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1636i) is amended by striking ``2020'' and inserting
``2022''.
(b) Conforming Amendment.--Section 942 of the Livestock Mandatory
Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106-78) is
amended by striking ``2020'' and inserting ``2022''.
TITLE IV--TVPA EXTENSION
SEC. 401. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT.
Section 3014(a) of title 18, United States Code, is amended by
striking ``March 11, 2022'' and inserting ``September 11, 2022''.
TITLE V--BUDGETARY EFFECTS
SEC. 501. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION P--HEALTH PROVISIONS
TITLE I--PUBLIC HEALTH
Subtitle A--National Disaster Medical System
SEC. 101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR
NATIONAL DISASTER MEDICAL SYSTEM.
Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C.
300hh-11(c)(4)(B)) is amended by striking ``March 11, 2022'' and
inserting ``September 30, 2023''.
Subtitle B--Synthetic Nicotine
SEC. 111. FDA AUTHORITY OVER PRODUCTS CONTAINING NICOTINE.
(a) Tobacco Product Defined.--Section 201(rr) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(rr)) is amended--
(1) in subparagraph (1), by inserting ``, or containing
nicotine from any source,'' after ``from tobacco''; and
(2) by adding at the end the following:
``(5) The term `tobacco product' does not mean an article that is a
food under paragraph (f), if such article contains no nicotine, or no
more than trace amounts of naturally occurring nicotine.''.
(b) Applicability to Certain Products.--Section 901(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(b)) is amended by
adding at the end the following: ``This chapter shall also apply to any
tobacco product containing nicotine that is not made or derived from
tobacco.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 30 days after the date of enactment of this Act.
(d) Submission of Applications for Previously Marketed Products.--
(1) Transition period for all products.--With respect to a
tobacco product that contains nicotine from any source other than
tobacco and that was being marketed in the United States within 30
days after the date of enactment of this Act, such product shall
not be considered to be in violation of section 910 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387j) (relating to
applications for review of certain tobacco products) during the 60-
day period following the date of enactment of this Act.
(2) Submission of applications.--
(A) In general.--As a condition for continuing to market a
product described in paragraph (1) after the 60-day period
specified in such paragraph, during the 30-day period beginning
on the effective date specified in subsection (c), the
manufacturer shall submit a new tobacco product application
under section 910(b) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 387j(b)) with respect to such product.
(B) Transition period.--Except as provided in subparagraph
(C), with respect to a tobacco product for which an application
is submitted as described in subparagraph (A), the manufacturer
of such product may continue to market such product during the
90-day period beginning on the effective date specified in
subsection (c).
(C) Exception.--If the Secretary of Health and Human
Services previously denied an application under section
910(c)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 387j(c)(2)), refused to file an application under
section 910(b) of such Act, or withdrew an order under section
910(d) of such Act for a previous version of a tobacco product
that used nicotine made or derived from tobacco, such product
is not eligible for continued marketing under subparagraph (B).
(3) End of transition period.--Beginning on the date that is 90
days after the effective date specified in subsection (c), a
tobacco product described in paragraph (1) (including such a
tobacco product that is the subject of a pending application under
section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387j)) is in violation of such section 910 if such tobacco product
does not have an order in effect under subsection (c)(1)(A)(i) of
such section.
(e) Applicability of Existing Requirements for Tobacco Products.--
Effective 30 days after the date of enactment of this Act, with respect
to any regulation promulgated or related guidance issued, in whole or
part, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) before the date that is 30 days after such date of enactment, the
term ``tobacco product'' shall have the meaning of, and shall be deemed
amended to reflect the meaning of, such term as defined in section
201(rr) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(rr)), as amended by subsection (a). Products that are tobacco
products under such section 201(rr), as so amended, shall be subject to
all requirements of regulations for tobacco products. The Secretary of
Health and Human Services shall publish a notice in the Federal
Register to update the Code of Federal Regulations to reflect such
deemed amendment to existing regulations and guidance.
(f) Technical Achievability.--Section 907(b)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387g(b)(1)) is amended by
inserting before the period at the end the following: ``, including
with regard to any differences related to the technical achievability
of compliance with such standard for products in the same class
containing nicotine not made or derived from tobacco and products
containing nicotine made or derived from tobacco''.
SEC. 112. REPORTING ON TOBACCO REGULATION ACTIVITIES.
(a) In General.--For fiscal year 2022 and each subsequent fiscal
year for which fees are collected under section 919 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387s), the Secretary of Health
and Human Services shall, not later than 180 days after the end of the
fiscal year, prepare and submit to the Committee on Energy and Commerce
and the Committee on Appropriations of the House of Representatives,
and the Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, an annual report that
contains the information required under subsection (b).
(b) Required Information.--Each report submitted under subsection
(a) shall contain the following information for the previous fiscal
year:
(1) Total annual user fee collections.
(2) Total amount of fees obligated.
(3) The amount of unobligated carryover balance from fees
collected.
(4) The amount obligated by the Center for Tobacco Products for
each of the following activities:
(A) Compliance and enforcement.
(B) Public education campaigns.
(C) Scientific research and research infrastructure.
(D) Communications.
(E) Leadership, management oversight, and administrative
services.
(F) Related overhead activities.
(5) The numbers of applications, categorized by class of
tobacco product and review pathway under sections 905, 910, and 911
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387e; 387j;
387k), that were--
(A) submitted;
(B) pending;
(C) accepted;
(D) refused to file;
(E) withdrawn;
(F) denied;
(G) authorized for marketing under an order;
(H) issued a deficiency letter or environmental information
request letter; or
(I) referred to the Tobacco Products Scientific Advisory
Committee.
(6) The number and titles of draft and final guidance documents
and proposed and final regulations issued on topics related to the
process for the review of tobacco product applications, whether
such regulations and guidance documents were issued as required by
statute or by other legal or regulatory requirements, and whether
the issuance met the deadlines set forth by the applicable statute
or other requirements.
(7) The number and titles of public meetings related to the
review of tobacco product applications by the Center for Tobacco
Products or other offices or centers within the Food and Drug
Administration.
(8) The number of pre-submission meetings relating to
applications under section 910 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387j), including the number of meeting
requests received, the number of meetings held, and the median
amount of time between when such meeting requests were made and
when the requests were granted or denied.
(9) The number of full-time equivalent employees funded
pursuant to fees collected under section 919 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387s), including identification
of the centers and offices within the Food and Drug Administration
in which such positions are located.
(10) The number of inspections and investigations conducted at
domestic and foreign establishments required to register under
section 905 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387e).
(11) The total number of compliance and enforcement actions
issued or taken with respect to tobacco products, including warning
letters, civil money penalties, no-tobacco-sale orders, and other
enforcement actions (including seizures, injunctions, and criminal
prosecution).
(c) Public Availability.--The Secretary of Health and Human
Services shall make the reports required under this section available
to the public on the website of the Food and Drug Administration.
(d) Limitations.--Reporting under this section shall include best
estimates for any reporting category for which the Food and Drug
Administration does not have precise calculations. Such best estimates
shall be accompanied with an explanatory statement for why the Food and
Drug Administration does not have access to, or cannot calculate, the
exact figure and a date by which the Food and Drug Administration will
update its internal accounting procedures to allow for such reporting.
If a category is successfully reported by the Food and Drug
Administration with regard to another type of user fee but is provided
a best estimate by the Center for Tobacco Products, the explanatory
statement shall include information regarding how the Food and Drug
Administration will align systems and apply learning across the agency
to allow for accurate reporting.
Subtitle C--Drug Discount Program
SEC. 121. ELIGIBILITY EXCEPTION FOR THE DRUG DISCOUNT PROGRAM DUE
TO THE COVID-19 PUBLIC HEALTH EMERGENCY.
(a) In General.--Notwithstanding any other provision of law, in the
case of a hospital described in subsection (b) that, with respect to
cost reporting periods that begin during fiscal year 2020 or a
subsequent fiscal year, but do not end after December 31, 2022, does
not meet the applicable requirement for the disproportionate share
adjustment percentage described in subsection (c) by reason of the
COVID-19 public health emergency, but otherwise meets the requirements
for being a covered entity under subparagraph (L), (M), or (O) of
subsection (a)(4) of section 340B of the Public Health Service Act (42
U.S.C. 256b) and is in compliance with all other requirements of the
program under such section, shall be deemed a covered entity for
purposes of such section for the period--
(1) beginning on the date of the enactment of this Act (or, if
later, with the first of such cost reporting periods for which the
hospital does not so meet such applicable requirement for the
disproportionate share adjustment percentage, but otherwise meets
all other such requirements for being such a covered entity and of
such program); and
(2) ending with the last of such cost reporting periods (ending
not later than December 31, 2022) for which the hospital does not
so meet such applicable requirement for the disproportionate share
adjustment percentage, but otherwise meets all other such
requirements for being such a covered entity and of such program.
(b) Hospitals.--A hospital described in this subsection is an
entity that, on the day before the first day of the COVID-19 public
health emergency, was a covered entity described in subparagraph (L),
(M), or (O) of subsection (a)(4) of section 340B of the Public Health
Service Act participating in the drug discount program under such
section.
(c) Applicable Requirement for Disproportionate Share Adjustment
Percentage.--The applicable requirement for the disproportionate share
adjustment percentage described in this subsection is--
(1) in the case of a hospital described in subsection (a) that
otherwise meets the requirements under subparagraph (L) or (M) of
section 340B(a)(4) of the Public Health Service Act, the
requirement under subparagraph (L)(ii) of such section; and
(2) in the case of a hospital described in subsection (a) that
otherwise meets the requirements under subparagraph (O) of such
section 340B(a)(4), the requirement with respect to the
disproportionate share adjustment percentage described in such
subparagraph (O).
(d) Self-attestation.--
(1) In general.--A hospital described in subsection (a) that
fails to meet the applicable requirement for the disproportionate
share adjustment percentage described in subsection (c) shall,
within 30 days of such failure, or in the case of a hospital where
such failure occurred prior to the date of enactment of this Act
but after the start of the COVID-19 public health emergency, within
30 days of the date of enactment, provide to the Secretary of
Health and Human Services an attestation that contains information
on any actions taken by or other impact on such hospital in
response to or as a result of the COVID-19 public health emergency
that may have impacted the ability to meet the applicable
requirement for the disproportionate share adjustment percentage
described in subsection (c).
(2) Paperwork reduction act.--Chapter 35 of title 44, United
States Code, shall not apply to the collection of information
provided pursuant to this subsection.
(e) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' has the
meaning given such term in section 340B(a)(4) of the Public Health
Service Act (42 U.S.C. 256b(a)(4)).
(2) Covid-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, with respect to COVID-19 (or any renewal of such
declaration).
Subtitle D--Maternal Health Quality Improvement
CHAPTER 1--IMPROVEMENTS TO MATERNAL HEALTH CARE
SEC. 131. INNOVATION FOR MATERNAL HEALTH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 330N of such Act, the following:
``SEC. 330O. INNOVATION FOR MATERNAL HEALTH.
``(a) In General.--The Secretary, in consultation with experts
representing a variety of clinical specialties, State, Tribal, or local
public health officials, researchers, epidemiologists, statisticians,
and community organizations, shall establish or continue a program to
award competitive grants to eligible entities for the purpose of--
``(1) identifying, developing, or disseminating best practices
to improve maternal health care quality and outcomes, improve
maternal and infant health, and eliminate preventable maternal
mortality and severe maternal morbidity, which may include--
``(A) information on evidence-based practices to improve
the quality and safety of maternal health care in hospitals and
other health care settings of a State or health care system by
addressing topics commonly associated with health complications
or risks related to prenatal care, labor care, birthing, and
postpartum care;
``(B) best practices for improving maternal health care
based on data findings and reviews conducted by a State
maternal mortality review committee that address topics of
relevance to common complications or health risks related to
prenatal care, labor care, birthing, and postpartum care; and
``(C) information on addressing determinants of health that
impact maternal health outcomes for women before, during, and
after pregnancy;
``(2) collaborating with State maternal mortality review
committees to identify issues for the development and
implementation of evidence-based practices to improve maternal
health outcomes and reduce preventable maternal mortality and
severe maternal morbidity, consistent with section 317K;
``(3) providing technical assistance and supporting the
implementation of best practices identified in paragraph (1) to
entities providing health care services to pregnant and postpartum
women; and
``(4) identifying, developing, and evaluating new models of
care that improve maternal and infant health outcomes, which may
include the integration of community-based services and clinical
care.
``(b) Eligible Entities.--To be eligible for a grant under
subsection (a), an entity shall--
``(1) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require; and
``(2) demonstrate in such application that the entity is
capable of carrying out data-driven maternal safety and quality
improvement initiatives in the areas of obstetrics and gynecology
or maternal health.
``(c) Report.--Not later than September 30, 2025, and every 2 years
thereafter, the Secretary shall submit a report to Congress on the
practices described in paragraphs (1) and (2) of subsection (a). Such
report shall include a description of the extent to which such
practices reduced preventable maternal mortality and severe maternal
morbidity, and whether such practices improved maternal and infant
health. The Secretary shall disseminate information on such practices,
as appropriate.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $9,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 132. TRAINING FOR HEALTH CARE PROVIDERS.
Title VII of the Public Health Service Act is amended by striking
section 763 (42 U.S.C. 294p) and inserting the following:
``SEC. 763. TRAINING FOR HEALTH CARE PROVIDERS.
``(a) Grant Program.--The Secretary shall establish a program to
award grants to accredited schools of allopathic medicine, osteopathic
medicine, and nursing, and other health professional training programs
for the training of health care professionals to improve the provision
of prenatal care, labor care, birthing, and postpartum care for racial
and ethnic minority populations, including with respect to perceptions
and biases that may affect the approach to, and provision of, care.
``(b) Eligibility.--To be eligible for a grant under subsection
(a), an entity described in such subsection shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
``(c) Reporting Requirements.--
``(1) Periodic grantee reports.--Each entity awarded a grant
under this section shall periodically submit to the Secretary a
report on the status of activities conducted using the grant,
including a description of the impact of such training on patient
outcomes, as applicable.
``(2) Report to congress.--Not later than September 30, 2026,
the Secretary shall submit a report to Congress on the activities
conducted using grants under subsection (a) and any best practices
identified and disseminated under subsection (d).
``(d) Best Practices.--The Secretary may identify and disseminate
best practices for the training described in subsection (a).
``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 133. STUDY ON IMPROVING TRAINING FOR HEALTH CARE PROVIDERS.
Not later than 2 years after date of enactment of this Act, the
Secretary of Health and Human Services shall, through a contract with
an independent research organization, conduct a study and make
recommendations for accredited schools of allopathic medicine,
osteopathic medicine, and nursing, and other health professional
training programs on best practices related to training to improve the
provision of prenatal care, labor care, birthing, and postpartum care
for racial and ethnic minority populations, including with respect to
perceptions and biases that may affect the approach to, and provision
of, care.
SEC. 134. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM WOMEN.
(a) Grants.--Title III of the Public Health Service Act (42 U.S.C.
241 et seq.) is amended by inserting after section 330O of such Act, as
added by section 131, the following:
``SEC. 330P. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM WOMEN.
``(a) In General.--The Secretary may award grants for the purpose
of establishing or operating evidence-based or innovative, evidence-
informed programs to deliver integrated health care services to
pregnant and postpartum women to optimize the health of women and their
infants, including to reduce adverse maternal health outcomes,
pregnancy-related deaths, and related health disparities (including
such disparities associated with racial and ethnic minority
populations), and, as appropriate, by addressing issues researched
under subsection (b)(2) of section 317K.
``(b) Integrated Services for Pregnant and Postpartum Women.--
``(1) Eligibility.--To be eligible to receive a grant under
subsection (a), a State, Indian Tribe, or Tribal organization (as
such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act) shall work with
relevant stakeholders that coordinate care to develop and carry out
the program, including--
``(A) State, Tribal, and local agencies responsible for
Medicaid, public health, social services, mental health, and
substance use disorder treatment and services;
``(B) health care providers who serve pregnant and
postpartum women; and
``(C) community-based health organizations and health
workers, including providers of home visiting services and
individuals representing communities with disproportionately
high rates of maternal mortality and severe maternal morbidity,
and including those representing racial and ethnic minority
populations.
``(2) Terms.--
``(A) Period.--A grant awarded under subsection (a) shall
be made for a period of 5 years. Any supplemental award made to
a grantee under subsection (a) may be made for a period of less
than 5 years.
``(B) Priorities.--In awarding grants under subsection (a),
the Secretary shall--
``(i) give priority to States, Indian Tribes, and
Tribal organizations that have the highest rates of
maternal mortality and severe maternal morbidity relative
to other such States, Indian Tribes, or Tribal
organizations, respectively; and
``(ii) shall consider health disparities related to
maternal mortality and severe maternal morbidity, including
such disparities associated with racial and ethnic minority
populations.
``(C) Evaluation.--The Secretary shall require grantees to
evaluate the outcomes of the programs supported under the
grant.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2023 through 2027.''.
(b) Report on Grant Outcomes and Dissemination of Best Practices.--
(1) Report.--Not later than February 1, 2027, the Secretary of
Health and Human Services shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report that
describes--
(A) the outcomes of the activities supported by the grants
awarded under the amendments made by this section on maternal
and child health;
(B) best practices and models of care used by recipients of
grants under such amendments; and
(C) obstacles identified by recipients of grants under such
amendments, and strategies used by such recipients to deliver
care, improve maternal and child health, and reduce health
disparities.
(2) Dissemination of best practices.--Not later than August 1,
2027, the Secretary of Health and Human Services shall disseminate
information on best practices and models of care used by recipients
of grants under the amendments made by this section (including best
practices and models of care relating to the reduction of health
disparities, including such disparities associated with racial and
ethnic minority populations, in rates of maternal mortality and
severe maternal morbidity) to relevant stakeholders, which may
include health providers, medical schools, nursing schools,
relevant State, Tribal, and local agencies, and the general public.
SEC. 135. MATERNAL VACCINATION AWARENESS.
In carrying out the public awareness initiative related to
vaccinations pursuant to section 313 of the Public Health Service Act
(42 U.S.C. 245), the Secretary of Health and Human Services shall take
into consideration the importance of increasing awareness and knowledge
of the safety and effectiveness of vaccines to prevent disease in
pregnant and postpartum women and in infants and the need to improve
vaccination rates in communities and populations with low rates of
vaccination.
CHAPTER 2--RURAL MATERNAL AND OBSTETRIC MODERNIZATION OF SERVICES
SEC. 141. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA.
(a) Maternal Mortality and Morbidity Activities.--Section 301(e) of
the Public Health Service Act (42 U.S.C. 241) is amended by inserting
``, preventable maternal mortality and severe maternal morbidity,''
after ``delivery''.
(b) Office of Women's Health.--Section 310A(b)(1) of the Public
Health Service Act (42 U.S.C. 242s(b)(1)) is amended by striking ``and
sociocultural contexts,'' and inserting ``sociocultural (including
among American Indians, Native Hawaiians, and Alaska Natives), and
geographical contexts,''.
(c) Safe Motherhood.--Section 317K of the Public Health Service Act
(42 U.S.C. 247b-12) is amended--
(1) in subsection (a)(2)(A), by inserting ``, including
improving disaggregation of data (in a manner consistent with
applicable State and Federal privacy laws)'' before the period; and
(2) in subsection (b)(2)--
(A) in subparagraph (L), by striking ``and'' at the end;
(B) by redesignating subparagraph (M) as subparagraph (N);
and
(C) by inserting after subparagraph (L) the following:
``(M) an examination of the relationship between maternal
health and obstetric services in rural areas and outcomes in
delivery and postpartum care; and''.
(d) Office of Research on Women's Health.--Section 486(d)(4)(A)(iv)
of the Public Health Service Act (42 U.S.C. 287d(d)(4)(A)(iv)) is
amended by inserting ``, including preventable maternal mortality and
severe maternal morbidity'' before the semicolon.
SEC. 142. RURAL OBSTETRIC NETWORK GRANTS.
The Public Health Service Act is amended by inserting after section
330A-1 of such Act (42 U.S.C. 254c-1a) the following:
``SEC. 330A-2. RURAL OBSTETRIC NETWORK GRANTS.
``(a) Program Established.--The Secretary shall award grants or
cooperative agreements to eligible entities to establish collaborative
improvement and innovation networks (referred to in this section as
`rural obstetric networks') to improve maternal and infant health
outcomes and reduce preventable maternal mortality and severe maternal
morbidity by improving maternity care and access to care in rural
areas, frontier areas, maternity care health professional target areas,
or jurisdictions of Indian Tribes and Tribal organizations.
``(b) Use of Funds.--Grants or cooperative agreements awarded
pursuant to this section shall be used for the establishment or
continuation of collaborative improvement and innovation networks to
improve maternal and infant health outcomes and reduce preventable
maternal mortality and severe maternal morbidity by improving prenatal
care, labor care, birthing, and postpartum care services in rural
areas. Rural obstetric networks established in accordance with this
section may--
``(1) develop a network to improve coordination and increase
access to maternal health care and assist pregnant women in the
areas described in subsection (a) with accessing and utilizing
prenatal care, labor care, birthing, and postpartum care services
to improve outcomes in birth and maternal mortality and morbidity;
``(2) identify and implement evidence-based and sustainable
delivery models for providing prenatal care, labor care, birthing,
and postpartum care services, including home visiting programs and
culturally appropriate care models that reduce health disparities;
``(3) develop a model for maternal health care collaboration
between health care settings to improve access to care in areas
described in subsection (a), which may include the use of
telehealth;
``(4) provide training for professionals in health care
settings that do not have specialty maternity care;
``(5) collaborate with academic institutions that can provide
regional expertise and help identify barriers to providing maternal
health care, including strategies for addressing such barriers; and
``(6) assess and address disparities in infant and maternal
health outcomes, including among racial and ethnic minority
populations and underserved populations in such areas described in
subsection (a).
``(c) Definitions.--In this section:
``(1) Eligible entities.--The term `eligible entities' means
entities providing prenatal care, labor care, birthing, and
postpartum care services in rural areas, frontier areas, or
medically underserved areas, or to medically underserved
populations or Indian Tribes or Tribal organizations.
``(2) Frontier area.--The term `frontier area' means a frontier
county, as defined in section 1886(d)(3)(E)(iii)(III) of the Social
Security Act.
``(3) Indian tribes; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given the terms
`Indian tribe' and `tribal organization' in section 4 of the Indian
Self-Determination and Education Assistance Act.
``(4) Maternity care health professional target area.--The term
`maternity care health professional target area' has the meaning
described in section 332(k)(2).
``(d) Report to Congress.--Not later than September 30, 2026, the
Secretary shall submit to Congress a report on activities supported by
grants awarded under this section, including--
``(1) a description of activities conducted pursuant to
paragraphs (1) through (6) of subsection (b); and
``(2) an analysis of the effects of rural obstetric networks on
improving maternal and infant health outcomes.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 143. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT
PROGRAMS.
Section 330I of the Public Health Service Act (42 U.S.C. 254c-14)
is amended--
(1) in subsection (f)(3), by adding at the end the following:
``(M) Providers of prenatal, labor care, birthing, and
postpartum care services, including hospitals that operate
obstetric care units.''; and
(2) in subsection (h)(1)(B), by striking ``or prenatal care for
high-risk pregnancies'' and inserting ``prenatal care, labor care,
birthing care, or postpartum care''.
SEC. 144. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION.
Subpart 1 of part E of title VII of the Public Health Service Act
(42 U.S.C. 294n et seq.) is amended by adding at the end the following:
``SEC. 764. RURAL MATERNAL AND OBSTETRIC CARE TRAINING
DEMONSTRATION.
``(a) In General.--The Secretary shall award grants to accredited
schools of allopathic medicine, osteopathic medicine, and nursing, and
other appropriate health professional training programs, to establish a
training demonstration program to support--
``(1) training for physicians, medical residents, fellows,
nurse practitioners, physician assistants, nurses, certified nurse
midwives, relevant home visiting workforce professionals and
paraprofessionals, or other professionals who meet relevant State
training and licensing requirements, as applicable, to reduce
preventable maternal mortality and severe maternal morbidity by
improving prenatal care, labor care, birthing, and postpartum care
in rural community-based settings; and
``(2) developing recommendations for such training programs.
``(b) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
``(c) Activities.--
``(1) Training for health care professionals.-- A recipient of
a grant under subsection (a)--
``(A) shall use the grant funds to plan, develop, and
operate a training program to provide prenatal care, labor
care, birthing, and postpartum care in rural areas; and
``(B) may use the grant funds to provide additional support
for the administration of the program or to meet the costs of
projects to establish, maintain, or improve faculty
development, or departments, divisions, or other units
necessary to implement such training.
``(2) Training program requirements.--The recipient of a grant
under subsection (a) shall ensure that training programs carried
out under the grant are evidence-based and address improving
prenatal care, labor care, birthing, and postpartum care in rural
areas, and such programs may include training on topics such as--
``(A) maternal mental health, including perinatal
depression and anxiety;
``(B) substance use disorders;
``(C) social determinants of health that affect individuals
living in rural areas; and
``(D) improving the provision of prenatal care, labor care,
birthing, and postpartum care for racial and ethnic minority
populations, including with respect to perceptions and biases
that may affect the approach to, and provision of, care.
``(d) Evaluation and Report.--
``(1) Evaluation.--
``(A) In general.--The Secretary shall evaluate the
outcomes of the demonstration program under this section.
``(B) Data submission.--Recipients of a grant under
subsection (a) shall submit to the Secretary performance
metrics and other related data in order to evaluate the program
for the report described in paragraph (2).
``(2) Report to congress.--Not later than January 1, 2026, the
Secretary shall submit to Congress a report that includes--
``(A) an analysis of the effects of the demonstration
program under this section on the quality, quantity, and
distribution of maternal health care services, including
prenatal care, labor care, birthing, and postpartum care
services, and the demographics of the recipients of those
services;
``(B) an analysis of maternal and infant health outcomes
(including quality of care, morbidity, and mortality) before
and after implementation of the program in the communities
served by entities participating in the demonstration; and
``(C) recommendations on whether the demonstration program
should be continued.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023 through 2027.''.
Subtitle E--Fentanyl Scheduling Extension
SEC. 151. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED
SUBSTANCES.
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act (Public Law 116-114), section 2 of such Act is amended by
striking ``March 15, 2022'' and inserting ``December 31, 2022''.
Subtitle F--Drug-Free Communities
SEC. 161. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE
COMMUNITIES SUPPORT PROGRAM.
(a) In General.--Subject to subsection (b), if the Administrator of
the Drug-Free Communities Support Program determines that, as a result
of the public health emergency declared pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d) with respect to COVID-19, an
eligible coalition is unable to raise the amount of non-Federal funds,
including in-kind contributions, agreed to be raised by the coalition
for fiscal year 2020, 2021, or 2022 under an agreement entered into
with the Administrator pursuant to paragraph (1)(A) or (3) of section
1032(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)), the
Administrator may, notwithstanding such paragraphs, provide to the
eligible coalition the grant or renewal grant, as applicable, for that
fiscal year only in an amount--
(1) with respect to an initial grant or renewal grant described
under paragraph (1)(A) or (3)(A) of such section, that exceeds the
amount of non-Federal funds raised by the eligible coalition,
including in-kind contributions, for that fiscal year;
(2) with respect to a renewal grant described under paragraph
(3)(D)(i) of such section, that exceeds 125 percent of the amount
of non-Federal funds raised by the eligible coalition, including
in-kind contributions, for that fiscal year; and
(3) with respect to a renewal grant described under paragraph
(3)(D)(ii) of such section, that exceeds 150 percent of the amount
of non-Federal funds raised by the eligible coalition, including
in-kind contributions, for that fiscal year.
(b) Limitation.--The Administrator may not provide a grant or
renewal grant to an eligible coalition in an amount exceeding the
amount of funds initially agreed to be provided by the Administrator
under the applicable agreement.
TITLE II--MEDICAID
SEC. 201. CERTAIN MEDICAID EXTENSIONS FOR TERRITORIES.
(a) Extending Increased FMAP.--Section 1905(ff) of the Social
Security Act (42 U.S.C. 1396d(ff)) is amended--
(1) in paragraph (2), by inserting ``and for the period
beginning January 1, 2022, and ending December 13, 2022'' after
``and ending December 3, 2021,'' and
(2) in paragraph (3), by striking ``March 11, 2022'' and
inserting ``December 13, 2022''.
(b) Extending Additional Increase for Puerto Rico.--Section 1108(g)
of the Social Security Act (42 U.S.C. 1308(g)) is amended by adding at
the end the following new paragraph:
``(10) Additional increase for puerto rico for fiscal year
2022.--
``(A) In general.--Notwithstanding the preceding provisions
of this subsection, the total amount certified for Puerto Rico
for fiscal year 2022 under this subsection shall be increased
by $200,000,000 if the Secretary certifies that, with respect
to such fiscal year, Puerto Rico's State plan under title XIX
(or a waiver of such plan) establishes a reimbursement floor,
implemented through a directed payment arrangement plan, for
physician services that are covered under the Medicare part B
fee schedule in the Puerto Rico locality established under
section 1848(b) that is not less than 70 percent of the payment
that would apply to such services if they were furnished under
part B of title XVIII during such fiscal year.
``(B) Application to managed care.--In certifying whether
Puerto Rico has established a reimbursement floor under a
directed payment arrangement plan that satisfies the
requirements of subparagraph (A) for fiscal year 2022, the
Secretary shall--
``(i) disregard payments made under sub-capitated
arrangements for services such as primary care case
management; and
``(ii) if the reimbursement floor for physician
services applicable under a managed care contract satisfies
the requirements of subparagraph (A) for the fiscal year in
which the contract is entered into or renewed, such
reimbursement floor shall be deemed to satisfy such
requirements for the subsequent fiscal year.''.
(c) Puerto Rico Report on Procurement Processes and Standards Used
for Contracting Under the Medicaid Program.--
(1) Report required.--Not later than December 1, 2022, the
agency responsible for administering Puerto Rico's Medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
shall submit to Congress a report on the procurement processes and
standards used for selecting contracts under Puerto Rico's Medicaid
program.
(2) Information in report.--The report required under paragraph
(1) shall include the following:
(A) A detailed description of the procurement processes and
standards used for selecting contracts under Puerto Rico's
Medicaid program under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), for contracts in effect as of the date of
the enactment of this subsection.
(B) The number of contracts, and a description of such
contracts, for an amount greater than $150,000 as of the date
of the enactment of this subsection.
(C) Differences between the procurement processes and
standards for selecting contracts in place as of the date of
the enactment of this subsection, and the Federal procurement
standards (as described in sections 75.327, 75.328, and 75.329
of title 45, Code of Federal Regulations) as of such date.
SEC. 202. INCREASING STATE FLEXIBILITY WITH RESPECT TO THIRD PARTY
LIABILITY.
(a) In General.--Section 1902(a)(25)(I) of the Social Security Act
(42 U.S.C. 1396a(a)(25)(I)) is amended--
(1) by amending clause (ii) to read as follows:
``(ii)(I) accept the State's right of recovery and the
assignment to the State of any right of an individual or
other entity to payment from the party for an item or
service for which payment has been made under the State
plan (or under a waiver of such plan); and
``(II) in the case of a responsible third party (other
than the original medicare fee-for-service program under
parts A and B of title XVIII, a Medicare Advantage plan
offered by a Medicare Advantage organization under part C
of such title, a reasonable cost reimbursement plan under
section 1876, a health care prepayment plan under section
1833, or a prescription drug plan offered by a PDP sponsor
under part D of such title) that requires prior
authorization for an item or service furnished to an
individual eligible to receive medical assistance under
this title, accept authorization provided by the State that
the item or service is covered under the State plan (or
waiver of such plan) for such individual, as if such
authorization were the prior authorization made by the
third party for such item or service;'';
(2) in clause (iii)--
(A) by striking ``respond to any inquiry'' and inserting
``not later than 60 days after receiving any inquiry''; and
(B) by striking ``; and'' at the end and inserting ``,
respond to such inquiry; and''; and
(3) in clause (iv)--
(A) by striking ``or a failure'' and inserting ``a
failure''; and
(B) by inserting after ``the basis of the claim'' the
following: ``, or in the case of a responsible third party
(other than the original medicare fee-for-service program under
parts A and B of title XVIII, a Medicare Advantage plan offered
by a Medicare Advantage organization under part C of such
title, a reasonable cost reimbursement plan under section 1876,
a health care prepayment plan under section 1833, or a
prescription drug plan offered by a PDP sponsor under part D of
such title) a failure to obtain a prior authorization for the
item or service for which the claim is being submitted'';
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply beginning on January 1,
2024.
(2) Exception if state legislation required.--In the case of a
State plan for medical assistance under title XIX of the Social
Security Act that the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendments made under this section, the
State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to
meet this additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of the
enactment of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative session, each
year of such session shall be deemed to be a separate regular
session of the State legislature.
TITLE III--MEDICARE
Subtitle A--Telehealth Flexibility Extensions
SEC. 301. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING
ORIGINATING SITES FOR TELEHEALTH SERVICES.
(a) In General.--Section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) is amended--
(1) in paragraph (4)(C)--
(A) in clause (i), in the matter preceding subclause (I),
by inserting ``clause (iii) and'' after ``Except as provided
in''; and
(B) by adding at the end the following new clause:
``(iii) Expanding access to telehealth services.--With
respect to telehealth services identified in subparagraph
(F)(i) as of the date of the enactment of this clause that
are furnished during the 151-day period beginning on the
first day after the end of the emergency period described
in section 1135(g)(1)(B), the term `originating site' means
any site in the United States at which the eligible
telehealth individual is located at the time the service is
furnished via a telecommunications system, including the
home of an individual.''; and
(2) in paragraph (7)(A), by inserting ``or, for the period for
which clause (iii) of paragraph (4)(C) applies, at any site
described in such clause'' before the period at the end.
(b) No Facility Fee for New Sites.--Section 1834(m)(2)(B) of the
Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended--
(1) in clause (i), in the matter preceding subclause (I), by
striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)'';
and
(2) by adding at the end the following new clause:
``(iii) No facility fee for new sites.--With respect to
telehealth services identified in paragraph (4)(F)(i) as of
the date of the enactment of this clause that are furnished
during the 151-day period beginning on the first day after
the end of the emergency period described in section
1135(g)(1)(B), a facility fee shall only be paid under this
subparagraph to an originating site that is described in
paragraph (4)(C)(ii) (other than subclause (X) of such
paragraph).''.
SEC. 302. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH
SERVICES.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (1), by striking ``(described in section
1842(b)(18)(C))'' and inserting ``(as defined in paragraph
(4)(E))''; and
(2) in paragraph (4)(E), by inserting ``and, for the 151-day
period beginning on the first day after the end of the emergency
period described in section 1135(g)(1)(B), shall include a
qualified occupational therapist (as such term is used in section
1861(g)), a qualified physical therapist (as such term is used in
section 1861(p)), a qualified speech-language pathologist (as
defined in section 1861(ll)(4)(A)), and a qualified audiologist (as
defined in section 1861(ll)(4)(B))'' after ``section
1842(b)(18)(C)''.
SEC. 303. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED
HEALTH CENTERS AND RURAL HEALTH CLINICS.
Section 1834(m)(8) of the Social Security Act (42 U.S.C.
1395m(m)(8)) is amended--
(1) in the header, by striking ``during emergency period'';
(2) in subparagraph (A), in the matter preceding clause (i), by
inserting ``and, during the 151-day period beginning on the first
day after the end of such emergency period'' after ``During the
emergency period described in section 1135(g)(1)(B)''; and
(3) in subparagraph (B)(i), by striking ``such emergency
period'' and inserting ``the periods for which subparagraph (A)
applies''.
SEC. 304. DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR
MENTAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH AND
TELECOMMUNICATIONS TECHNOLOGY.
(a) Delay in Requirements for Mental Health Services Furnished
Through Telehealth.--Section 1834(m)(7)(B)(i) of the Social Security
Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding
subclause (I), by inserting ``on or after the day that is the 152nd day
after the end of the emergency period described in section
1135(g)(1)(B))'' after ``telehealth services furnished''.
(b) Mental Health Visits Furnished by Rural Health Clinics.--
Section 1834(y) of the Social Security Act (42 U.S.C. 1395m(y)) is
amended--
(1) in the heading, by striking ``Attending Physician'' and
inserting ``Certain'';
(2) by striking ``Hospice Patients.--In the case of'' and
inserting ``Hospice Patients.--
``(1) Attending physician services for hospice patients.--In
the case of''; and
(3) by adding at the end the following new paragraph:
``(2) Mental health visits furnished via telecommunications
technology.--In the case of mental health visits furnished via
interactive, real-time, audio and video telecommunications
technology or audio-only interactions, the in-person mental health
visit requirements established under section 405.2463(b)(3) of
title 42 of the Code of Federal Regulations (or a successor
regulation) shall not apply prior to the day that is the 152nd day
after the end of the emergency period described in section
1135(g)(1)(B)).''.
(c) Mental Health Visits Furnished by Federally Qualified Health
Centers.--Section 1834(o)(4) of the Social Security Act (42 U.S.C.
1395m(o)(4)) is amended--
(1) in the heading, by striking ``attending physician'' and
inserting ``certain'';
(2) by striking ``hospice patients.--In the case of'' and
inserting ``hospice patients.--
``(A) Attending physician services for hospice patients.--
In the case of''; and
(3) by adding at the end the following new subparagraph:
``(B) Mental health visits furnished via telecommunications
technology.--In the case of mental health visits furnished via
interactive, real-time, audio and video telecommunications
technology or audio-only interactions, the in-person mental
health visit requirements established under section
405.2463(b)(3) of title 42 of the Code of Federal Regulations
(or a successor regulation) shall not apply prior to the day
that is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B)).''.
SEC. 305. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY TELEHEALTH
SERVICES.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (1), in the first sentence, by striking
``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; and
(2) by adding at the end the following new paragraph:
``(9) Treatment of telehealth services furnished using audio-
only telecommunications technology.--The Secretary shall continue
to provide coverage and payment under this part for telehealth
services identified in paragraph (4)(F)(i) as of the date of the
enactment of this paragraph that are furnished via an audio-only
telecommunications system during the 151-day period beginning on
the first day after the end of the emergency period described in
section 1135(g)(1)(B). For purposes of the previous sentence, the
term `telehealth service' means a telehealth service identified as
of the date of the enactment of this paragraph by a HCPCS code (and
any succeeding codes) for which the Secretary has not applied the
requirements of paragraph (1) and the first sentence of section
410.78(a)(3) of title 42, Code of Federal Regulations, during such
emergency period.''.
SEC. 306. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER PRIOR
TO RECERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE DURING
EMERGENCY PERIOD.
Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)) is amended by inserting ``, and during the 151-
day period beginning on the first day after the end of such emergency
period'' after ``section 1135(g)(1)(B)''.
SEC. 307. EXTENSION OF EXEMPTION FOR TELEHEALTH SERVICES.
(a) In General.--Subparagraph (E) of section 223(c)(2) of the
Internal Revenue Code of 1986 is amended by inserting ``or in the case
of months beginning after March 31, 2022, and before January 1, 2023,''
after ``December 31, 2021,''.
(b) Certain Coverage Disregarded.--Clause (ii) of section
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by
inserting ``, or in the case of months beginning after March 31, 2022,
and before January 1, 2023,'' after ``December 31, 2021''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 308. REPORTS ON TELEHEALTH UTILIZATION.
(a) Medpac Report.--
(1) Study.--
(A) In general.--The Medicare Payment Advisory Commission
(in this subsection referred to as the ``Commission'') shall
conduct a study on the expansions of telehealth services (as
defined in section 1834(m)(4)(F) of the Social Security Act (42
U.S.C. 1395m(m)(4)(F)) under the Medicare program under title
XVIII of such Act as a result of the COVID-19 public health
emergency described in section 1135(g)(1)(B) of such Act (42
U.S.C. 1320b-5(g)(1)(B)) and the amendments made by sections
301 through 306 of this title.
(B) Analysis.--The study under subparagraph (A) shall
include at least an analysis of each of the following:
(i) The utilization of telehealth services under the
Medicare program, which may include analysis by service,
provider type, geographic area (including analysis of the
provision of telehealth services by clinicians located in
different States than the Medicare beneficiary receiving
such services to the extent that reliable data are
available), and beneficiary type (including reason of
entitlement and such beneficiaries who are also enrolled
under a State plan under title XIX of the Social Security
Act).
(ii) Medicare program expenditures on telehealth
services.
(iii) Medicare payment policy for telehealth services
and alternative approaches to such payment policy,
including for federally qualified health centers and rural
health clinics.
(iv) The implications of expanded Medicare coverage of
telehealth services on beneficiary access to care and the
quality of care, to the extent reliable data are available.
(v) Other areas determined appropriate by the
Commission.
(2) Report.--Not later than June 15, 2023, the Commission shall
submit to Congress a report containing the results of the study
conducted under paragraph (1), together with recommendations for
legislative and administrative action as the Commission determines
appropriate.
(b) Publication of Data.--Beginning July 1, 2022, the Secretary of
Health and Human Services shall post on the public website of the
Centers for Medicare & Medicaid Services on a quarterly basis data with
respect to Medicare claims for telemedicine services, including data on
utilization and beneficiary characteristics.
(c) Office of the Inspector General Report.--Not later than June
15, 2023, the Inspector General of the Department of Health and Human
Services shall submit to Congress a report on program integrity risks
associated with Medicare telehealth services. Such report shall include
recommendations to prevent waste, fraud, and abuse under the Medicare
program as appropriate.
SEC. 309. PROGRAM INSTRUCTION AUTHORITY.
Notwithstanding any other provision of law, the Secretary of Health
and Human Services may implement the provisions of, including
amendments made by, sections 301 through 306 through program
instruction or otherwise.
Subtitle B--Additional Medicare Provisions
SEC. 311. REVISION OF THE TIMING OF MEDPAC REPORT ON AMBULANCE COST
DATA.
Section 1834(l)(17)(F)(i) of the Social Security Act (42 U.S.C.
1395m(l)(17)(F)(i)) is amended by striking ``Not later than March 15,
2023, and as determined necessary by the Medicare Payment Advisory
Commission thereafter'' and inserting ``Not later than the second June
15th following the date on which the Secretary transmits data for the
first representative sample of providers and suppliers of ground
ambulance services to the Medicare Payment Advisory Commission, and as
determined necessary by such Commission thereafter,''.
SEC. 312. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER
MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2030'' and inserting
``2031''; and
(2) in clause (iii), by striking ``2030'' and inserting
``2031''.
SEC. 313. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$99,000,000'' and inserting
``$5,000,000''.
TITLE IV--HUMAN SERVICES
SEC. 401. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND
RELATED PROGRAMS.
Activities authorized by part A of title IV (other than under
section 403(c) or 418) and section 1108(b) of the Social Security Act
shall continue through September 30, 2022, in the manner authorized for
fiscal year 2021, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose.
DIVISION Q--CONSUMER PROTECTION
TITLE I--FRAUD AND SCAM REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Fraud and Scam Reduction Act''.
Subtitle A--Preventing Consumer Scams Directed at Seniors
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Stop Senior Scams Act''.
SEC. 112. SENIOR SCAMS PREVENTION ADVISORY GROUP.
(a) Establishment.--There is established a Senior Scams Prevention
Advisory Group (in this subtitle referred to as the ``Advisory
Group'').
(b) Members.--The Advisory Group shall be composed of stakeholders
such as the following individuals or the designees of those
individuals:
(1) The Chairman of the Federal Trade Commission.
(2) The Secretary of the Treasury.
(3) The Attorney General.
(4) The Director of the Bureau of Consumer Financial
Protection.
(5) Representatives from each of the following sectors,
including trade associations, to be selected by the Federal Trade
Commission:
(A) Retail.
(B) Gift cards.
(C) Telecommunications.
(D) Wire-transfer services.
(E) Senior peer advocates.
(F) Consumer advocacy organizations with efforts focused on
preventing seniors from becoming the victims of scams.
(G) Financial services, including institutions that engage
in digital currency.
(H) Prepaid cards.
(6) A member of the Board of Governors of the Federal Reserve
System.
(7) A prudential regulator, as defined in section 1002 of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
(8) The Director of the Financial Crimes Enforcement Network.
(9) Any other Federal, State, or local agency, industry
representative, consumer advocate, or entity, as determined by the
Federal Trade Commission.
(c) No Compensation for Members.--A member of the Advisory Group
shall serve without compensation in addition to any compensation
received for the service of the member as an officer or employee of the
United States, if applicable.
(d) Duties.--
(1) In general.--The Advisory Group shall--
(A) collect information on the existence, use, and success
of educational materials and programs for retailers, financial
services, and wire-transfer companies, which--
(i) may be used as a guide to educate employees on how
to identify and prevent scams that affect seniors; and
(ii) includes--
(I) useful information for retailers, financial
services, and wire transfer companies for the purpose
described in clause (i);
(II) training for employees on ways to identify and
prevent senior scams;
(III) best practices for keeping employees up to
date on current scams;
(IV) the most effective signage and placement in
retail locations to warn seniors about scammers' use of
gift cards, prepaid cards, and wire transfer services;
(V) suggestions on effective collaborative
community education campaigns;
(VI) available technology to assist in identifying
possible scams at the point of sale; and
(VII) other information that would be helpful to
retailers, wire transfer companies, financial
institutions, and their employees as they work to
prevent fraud affecting seniors; and
(B) based on the findings in subparagraph (A)--
(i) identify inadequacies, omissions, or deficiencies
in those educational materials and programs for the
categories listed in subparagraph (A) and their execution
in reaching employees to protect older adults; and
(ii) create model materials, best practices guidance,
or recommendations to fill those inadequacies, omissions,
or deficiencies that may be used by industry and others to
help protect older adults from scams.
(2) Encouraged use.--The Chairman of the Federal Trade
Commission shall--
(A) make the materials or guidance created by the Federal
Trade Commission described in paragraph (1) publicly available;
and
(B) encourage the use and distribution of the materials
created under this subsection to prevent scams affecting
seniors by governmental agencies and the private sector.
(e) Reports.--Section 101(c)(2) of the Elder Abuse Prevention and
Prosecution Act (34 U.S.C. 21711(c)(2)) is amended--
(1) in subparagraph (A)(iv), by striking the period at the end
and inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) with respect to the report by the Federal Trade
Commission, in relevant years, including information on--
``(i) the newly created materials, guidance, or
recommendations of the Senior Scams Prevention Advisory
Group established under section 112 of the Stop Senior
Scams Act and any relevant views or considerations made by
members of the Advisory Group that were not included in the
Advisory Group's model materials or considered an official
recommendation by the Advisory Group;
``(ii) the Senior Scams Prevention Advisory Group's
findings about senior scams and industry educational
materials and programs; and
``(iii) any recommendations on ways stakeholders can
continue to work together to reduce scams affecting
seniors.''.
(f) Termination.--This subtitle, and the amendments made by this
subtitle, ceases to be effective on the date that is 5 years after the
date of enactment of this Act.
Subtitle B--Senior Fraud Advisory Office
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Seniors Fraud Prevention Act of
2022''.
SEC. 122. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS.
(a) Establishment of Advisory Office.--The Federal Trade Commission
(in this section referred to as the ``Commission'') shall establish an
office within the Bureau of Consumer Protection for the purpose of
advising the Commission on the prevention of fraud targeting seniors
and to assist the Commission with the following:
(1) Oversight.--The advisory office shall monitor the market
for mail, television, internet, telemarketing, and recorded message
telephone call (in this section referred to as ``robocall'') fraud
targeting seniors and shall coordinate with other relevant agencies
regarding the requirements of this section.
(2) Consumer education.--The Commission, through the advisory
office and in consultation with the Attorney General, the Secretary
of Health and Human Services, the Postmaster General, the Chief
Postal Inspector for the United States Postal Inspection Service,
and other relevant agencies, shall--
(A) disseminate to seniors and families and caregivers of
seniors general information on mail, television, internet,
telemarketing, and robocall fraud targeting seniors, including
descriptions of the most common fraud schemes;
(B) disseminate to seniors and families and caregivers of
seniors information on reporting complaints of fraud targeting
seniors either to the national toll-free telephone number
established by the Commission for reporting such complaints, or
to the Consumer Sentinel Network, operated by the Commission,
where such complaints will become immediately available to
appropriate law enforcement agencies, including the Federal
Bureau of Investigation and the attorneys general of the
States;
(C) in response to a specific request about a particular
entity or individual, provide publicly available information of
any enforcement action taken by the Commission for mail,
television, internet, telemarketing, and robocall fraud against
such entity; and
(D) maintain a website to serve as a resource for
information for seniors and families and caregivers of seniors
regarding mail, television, internet, telemarketing, robocall,
and other identified fraud targeting seniors.
(3) Complaints.--The Commission, through the advisory office
and in consultation with the Attorney General, shall establish
procedures to--
(A) log and acknowledge the receipt of complaints by
individuals who believe they have been a victim of mail,
television, internet, telemarketing, and robocall fraud in the
Consumer Sentinel Network, and shall make those complaints
immediately available to Federal, State, and local law
enforcement authorities; and
(B) provide to individuals described in subparagraph (A),
and to any other persons, specific and general information on
mail, television, internet, telemarketing, and robocall fraud,
including descriptions of the most common schemes using such
methods of communication.
(b) Commencement.--The Commission shall commence carrying out the
requirements of this section not later than 1 year after the date of
enactment of this Act.
(c) Use of Existing Funds.--No additional funds are authorized to
be appropriated to carry out this section and the Commission shall
carry out this section using amounts otherwise made available to the
Commission.
TITLE II--NICHOLAS AND ZACHARY BURT MEMORIAL CARBON MONOXIDE POISONING
PREVENTION ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ``Nicholas and Zachary Burt Memorial
Carbon Monoxide Poisoning Prevention Act of 2022''.
SEC. 202. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Carbon monoxide is a colorless, odorless gas produced by
burning any fuel. Exposure to unhealthy levels of carbon monoxide
can lead to carbon monoxide poisoning, a serious health condition
that could result in death.
(2) Unintentional carbon monoxide poisoning from motor vehicles
and improper operation of fuel-burning appliances, such as
furnaces, water heaters, portable generators, and stoves, annually
kills more than 400 individuals and sends approximately 15,000
individuals to hospital emergency rooms for treatment.
(3) Research shows that installing carbon monoxide alarms close
to the sleeping areas in residential homes and other dwelling units
can help avoid fatalities.
(b) Sense of Congress.--It is the sense of Congress that Congress
should promote the installation of carbon monoxide alarms in
residential homes and dwelling units across the United States in order
to promote the health and public safety of citizens throughout the
United States.
SEC. 203. DEFINITIONS.
In this title:
(1) Carbon monoxide alarm.--The term ``carbon monoxide alarm''
means a device or system that--
(A) detects carbon monoxide; and
(B) is intended to sound an alarm at a carbon monoxide
concentration below a concentration that could cause a loss of
the ability to react to the dangers of carbon monoxide
exposure.
(2) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(3) Compliant carbon monoxide alarm.--The term ``compliant
carbon monoxide alarm'' means a carbon monoxide alarm that complies
with the most current version of--
(A) the Standard for Single and Multiple Station Carbon
Monoxide Alarms of the American National Standards Institute
and UL (ANSI/UL 2034), or any successor standard; and
(B) the Standard for Gas and Vapor Detectors and Sensors of
the American National Standards Institute and UL (ANSI/UL
2075), or any successor standard.
(4) Dwelling unit.--The term ``dwelling unit''--
(A) means a room or suite of rooms used for human
habitation; and
(B) includes--
(i) a single family residence;
(ii) each living unit of a multiple family residence,
including an apartment building; and
(iii) each living unit in a mixed use building.
(5) Fire code enforcement officials.--The term ``fire code
enforcement officials'' means officials of the fire safety code
enforcement agency of a State or local government or a Tribal
organization.
(6) International fire code.--The term ``IFC'' means--
(A) the 2015 or 2018 edition of the International Fire Code
published by the International Code Council; or
(B) any amended or similar successor code pertaining to the
proper installation of carbon monoxide alarms in dwelling
units.
(7) International residential code.--The term ``IRC'' means--
(A) the 2015 or 2018 edition of the International
Residential Code published by the International Code Council;
or
(B) any amended or similar successor code pertaining to the
proper installation of carbon monoxide alarms in dwelling
units.
(8) NFPA 720.--The term ``NFPA 720'' means--
(A) the Standard for the Installation of Carbon Monoxide
Detection and Warning Equipment issued by the National Fire
Protection Association in 2012; and
(B) any amended or similar successor standard relating to
the proper installation of carbon monoxide alarms in dwelling
units.
(9) State.--The term ``State''--
(A) has the meaning given the term in section 3(a) of the
Consumer Product Safety Act (15 U.S.C. 2052(a)); and
(B) includes--
(i) the Commonwealth of the Northern Mariana Islands;
and
(ii) any political subdivision of a State.
(10) Tribal organization.--The term ``Tribal organization'' has
the meaning given the term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(l)).
SEC. 204. GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION.
(a) In General.--Subject to the availability of appropriations
authorized under subsection (f), the Commission shall establish a grant
program to provide assistance to States and Tribal organizations that
are eligible under subsection (b) to carry out the carbon monoxide
poisoning prevention activities described in subsection (e).
(b) Eligibility.--For the purposes of this section, an eligible
State or Tribal organization is any State or Tribal organization that--
(1) demonstrates to the satisfaction of the Commission that the
State or Tribal organization has adopted a statute or a rule,
regulation, or similar measure with the force and effect of law,
requiring compliant carbon monoxide alarms to be installed in
dwelling units in accordance with NFPA 72, the IFC, or the IRC; and
(2) submits an application--
(A) to the Commission at such time, in such form, and
containing such additional information as the Commission may
require; and
(B) that may be filed on behalf of the State or Tribal
organization by the fire safety code enforcement agency of that
State or Tribal organization.
(c) Grant Amount.--The Commission shall determine the amount of
each grant awarded under this section.
(d) Selection of Grant Recipients.--In selecting eligible States
and Tribal organizations for the award of grants under this section,
the Commission shall give favorable consideration to an eligible State
or Tribal organization that demonstrates a reasonable need for funding
under this section and that--
(1) requires the installation of one or more compliant carbon
monoxide alarms in a new or existing educational facility,
childcare facility, health care facility, adult dependent care
facility, government building, restaurant, theater, lodging
establishment, or dwelling unit--
(A) within which a fuel-burning appliance, including a
furnace, boiler, water heater, fireplace, or any other
apparatus, appliance, or device that burns fuel, is installed;
or
(B) that has an attached garage; and
(2) has developed a strategy to protect vulnerable populations,
such as children, the elderly, or low-income households, from
exposure to unhealthy levels of carbon monoxide.
(e) Use of Grant Funds.--
(1) In general.--Subject to paragraph (2), an eligible State or
Tribal organization to which a grant is awarded under this section
may use the grant--
(A) to purchase and install compliant carbon monoxide
alarms in the dwelling units of low-income families or elderly
individuals, facilities that commonly serve children or the
elderly (including childcare facilities, public schools, and
senior centers);
(B) for the development and dissemination of training
materials, instructors, and any other costs relating to the
training sessions authorized under this subsection; or
(C) to educate the public about--
(i) the risk associated with carbon monoxide as a
poison; and
(ii) the importance of proper carbon monoxide alarm
use.
(2) Limitations.--
(A) Administrative costs.--An eligible State or Tribal
organization to which a grant is awarded under this section may
use not more than 5 percent of the grant amount to cover
administrative costs that are not directly related to training
described in paragraph (1)(B).
(B) Public outreach.--An eligible State or Tribal
organization to which a grant is awarded under this section may
use not more than 25 percent of the grant amount to cover the
costs of activities described in paragraph (1)(C).
(C) State contributions.--An eligible State to which a
grant is awarded under this section shall, with respect to the
costs incurred by the State in carrying out activities under
the grant, provide non-Federal contributions in an amount equal
to not less than 25 percent of the amount of Federal funds
provided under the grant to administer the program. This
subparagraph shall not apply to Tribal organizations.
(f) Funding.--
(1) In general.--The Commission shall carry out this title
using amounts appropriated to the Commission for each of fiscal
years 2022 through 2026, to extent such funds are available.
(2) Limitation on administrative expenses.--In a fiscal year,
not more than 10 percent of the amounts appropriated or otherwise
made available to carry out this title may be used for
administrative expenses.
(g) Report.--Not later than 1 year after the last day of each
fiscal year in which grants are awarded under this section, the
Commission shall submit to Congress a report that evaluates the
implementation of the grant program required under this section.
TITLE III--UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``United States Anti-Doping Agency
Reauthorization Act of 2022''.
SEC. 302. FINDINGS.
Congress makes the following findings:
(1) The United States Anti-Doping Agency--
(A) is the independent national anti-doping organization of
the United States; and
(B) manages the anti-doping program, results management
processes, drug reference resources, and athlete education for
all United States Olympic Committee-recognized national
governing bodies and the athletes and events of such national
governing bodies.
(2) The United States Anti-Doping Agency contributes to the
advancement of clean sport through scientific research, anti-doping
education, and outreach programs, and the mission of the United
States Anti-Doping Agency is to preserve the integrity of
competition and protect the rights of athletes.
(3) Participation in youth sports has the potential to equip
young athletes with important skills and values necessary for
success in life, and it is essential that the culture of youth
sports emphasizes such skills and values.
(4) The TrueSport program of the United States Anti-Doping
Agency partners with youth sport organizations across the United
States to promote sportsmanship, character building, and healthy
performance through the use of targeted educational materials
designed to promote a positive youth sport experience.
(5) In modifying the authority of the United States Anti-Doping
Agency to include the promotion of the positive values of youth
sport, Congress sends a strong signal that the goals of youth sport
should include instilling in young athletes the values of
integrity, respect, teamwork, courage, and responsibility.
(6) Due to the unique leadership position of the United States
in the global community, adequate funding of the anti-doping and
clean sport programs of the United States Anti-Doping Agency is
imperative to the preparation for the 2028 Summer Olympic Games,
which will be held in Los Angeles, California.
(7) Increased appropriations for fiscal years 2023 through 2031
would enable the United States Anti-Doping Agency to directly
affect the integrity and well-being of sport, both domestically and
internationally.
SEC. 303. MODIFICATIONS OF AUTHORITY.
Section 701 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 2001) is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1)(A) serve as the independent anti-doping organization for
the amateur athletic competitions recognized by the United States
Olympic and Paralympic Committee;
``(B) be responsible for certifying in advance any testing
conducted by international organizations under the World Anti-
Doping Code for international amateur athletes and athletic
competitions occurring within the jurisdiction of the United
States; and
``(C) be recognized worldwide as the independent national anti-
doping organization for the United States;'';
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) promote a positive youth sport experience by using a
portion of the funding of the United States Anti-Doping Agency to
provide educational materials on sportsmanship, character building,
and healthy performance for the athletes, parents, and coaches who
participate in youth sports.''; and
(2) by adding at the end the following:
``(c) Due Process in Arbitration Proceedings.--Any action taken by
the United States Anti-Doping Agency to enforce a policy, procedure, or
requirement of the United States Anti-Doping Agency against a person
with respect to a violation of Federal law, including an investigation,
a disciplinary action, a sanction, or any other administrative action,
shall be carried out in a manner that provides due process protection
to the person.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 703 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 2003) is amended to read as
follows:
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the United States
Anti-Doping Agency--
``(1) for fiscal year 2023, $15,500,000;
``(2) for fiscal year 2024, $16,200,000;
``(3) for fiscal year 2025, $16,900,000;
``(4) for fiscal year 2026, $17,700,000;
``(5) for fiscal year 2027, $18,500,000;
``(6) for fiscal year 2028, $19,800,000;
``(7) for fiscal year 2029, $22,100,000;
``(8) for fiscal year 2030, $24,900,000; and
``(9) for fiscal year 2031, $23,700,000.''.
SEC. 305. INFORMATION SHARING.
Except as otherwise prohibited by law and except in cases in which
the integrity of a criminal investigation would be affected, pursuant
to the obligation of the United States under Article 7 of the United
Nations Educational, Scientific, and Cultural Organization
International Convention Against Doping in Sport done at Paris October
19, 2005, and ratified by the United States in 2008, the Attorney
General, the Secretary of Homeland Security, and the Commissioner of
Food and Drugs shall provide to the United States Anti-Doping Agency
any relevant information relating to the prevention of the use of
performance-enhancing drugs or the prohibition of performance-enhancing
methods.
TITLE IV--PROTECTING INDIAN TRIBES FROM SCAMS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Protecting Indian Tribes from
Scams Act''.
SEC. 402. PROTECTING INDIAN TRIBES FROM UNFAIR OR DECEPTIVE ACTS OR
PRACTICES.
(a) FTC Report on Unfair or Deceptive Acts or Practices Targeting
Indian Tribes.--Not later than 1 year after the date of enactment of
this Act, and after consultation with Indian Tribes, the Commission
shall make publicly available on the website of the Commission and
submit to the Committee on Energy and Commerce and the Committee on
Natural Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Indian
Affairs of the Senate a report on unfair or deceptive acts or practices
targeted at Indian Tribes or members of Indian Tribes, including--
(1) a description of the types of unfair or deceptive acts or
practices identified by the Commission as being targeted at Indian
Tribes or members of Indian Tribes;
(2) a description of the consumer education activities of the
Commission with respect to such acts or practices;
(3) a description of the efforts of the Commission to
collaborate with Indian Tribes to prevent such acts or practices or
to pursue persons using such acts or practices;
(4) a summary of the enforcement actions taken by the
Commission related to such acts or practices; and
(5) any recommendations for legislation to prevent such acts or
practices.
(b) Increasing Awareness of Unfair or Deceptive Acts or Practices
Targeting Indian Tribes.--Not later than 6 months after the date of the
submission of the report required by subsection (a), the Commission
shall update the website of the Commission to include information for
consumers and businesses on identifying and avoiding unfair or
deceptive acts or practices targeted at Indian Tribes or members of
Indian Tribes.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given that term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
DIVISION R--FAFSA SIMPLIFICATION
SEC. 101. SHORT TITLE.
This division may be cited as the ``FAFSA Simplification Act
Technical Corrections Act''.
SEC. 102. EXTENDING THE IMPLEMENTATION TIMELINE OF FAFSA
SIMPLIFICATION ACT BY ONE YEAR.
(a) Amendments to the FAFSA Simplification Act.--The FAFSA
Simplification Act (title VII of division FF of Public Law 116-260) is
amended in section 701(b)--
(1) by striking ``July 1, 2023'' both places the term appears
and inserting ``July 1, 2024''; and
(2) by striking ``award year 2023-2024'' and inserting ``award
year 2024-2025''.
(b) Amendments to the Higher Education Act of 1965.--The Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), as amended by the FAFSA
Simplification Act (title VII of division FF of Public Law 116-260), is
amended--
(1) in section 401(b)--
(A) in paragraph (5)(A), by striking ``award year 2023-
2024'' and inserting ``award year 2024-2025'';
(B) in paragraph (6)(A)--
(i) in clause (i), by striking ``fiscal year 2023'' and
inserting ``fiscal year 2024''; and
(ii) in clause (ii), by striking ``fiscal years 2023
through 2033'' and inserting ``fiscal years 2024 through
2034'';
(C) in paragraph (7)(B)(i), by striking ``or 2022'' and
inserting ``2022, or 2023''; and
(D) in paragraph (8)(A), by striking ``fiscal year 2033''
and inserting ``fiscal year 2034'';
(2) in section 471, by striking ``award year 2023-2024'' and
inserting ``award year 2024-2025'';
(3) in section 479(a), by striking ``July 1, 2023'' and
inserting ``July 1, 2024'';
(4) in section 483, by striking ``award year 2023-2024'' each
place the term appears and inserting ``award year 2024-2025''; and
(5) in section 485E(b)(2)(B), by striking ``award year 2023-
2024'' and inserting ``award year 2024-2025''.
(c) On-time Effective Date Permitted.--
(1) In general.--Notwithstanding section 701(b) of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-
260), as amended by this division, the Secretary of Education--
(A) may implement on or after July 1, 2023, but not later
than, July 1, 2024, the amendments made by--
(i) section 702(b) of the FAFSA Simplification Act
regarding cost of attendance;
(ii) section 702(i) of such Act regarding discretion of
student financial aid administrators;
(iii) section 702(l) of such Act regarding special
rules for independent students and definitions; and
(iv) section 703 of such Act regarding only the period
of eligibility for grants under subsection (d) of section
401 of the Higher Education Act of 1965, as amended by the
FAFSA Simplification Act; and
(B) shall specify in a designation on what date and for
which award years the implementation of amendments described in
subparagraph (A) are effective on or after July 1, 2023, and
prior to July 1, 2024, and shall publish any designation under
this paragraph in the Federal Register not less than 60 days
before implementation.
(2) Student aid index as expected family contribution.--For
purposes of implementing the amendments described in paragraph
(1)(A) before July 1, 2024, the term ``student aid index'' as it
appears in such amendments to the Higher Education Act of 1965
shall mean ``expected family contribution'', as calculated under
part F of title IV of the Higher Education Act of 1965, as in
effect on the date of the implementation.
SEC. 103. TECHNICAL CORRECTIONS TO THE FAFSA SIMPLIFICATION ACT.
(a) Cost of Attendance.--Section 472(a)(13) of the Higher Education
Act of 1965, as amended by section 702(b) of the FAFSA Simplification
Act (title VII of division FF of Public Law 116-260), is amended by
inserting ``, or the average cost of any such fee or premium, as
applicable'' after ``on such loan''.
(b) Special Rules for Independent Students.--Section 479D of the
Higher Education Act of 1965, as added by section 702(l)(1) of the
FAFSA Simplification Act (title VII of division FF of Public Law 116-
260), is amended--
(1) in subsection (a)(1)(D), by inserting ``the same or''
before ``a prior award'';
(2) in subsection (b)(5), by inserting ``the same or'' before
``a prior award''; and
(3) in subsection (d)(2)--
(A) by inserting ``this section, or paragraph (2), (8), or
(9) of section 480(d),'' after ``pursuant to section
479A(c),''; and
(B) by striking ``under such paragraph in the same award
year'' and inserting ``under such provisions in the same or a
prior award year''.
(c) Iraq and Afghanistan Service Grant and Children of Fallen
Heroes Grant.--Part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), as amended by section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-260), is
amended--
(1) in section 401(c)--
(A) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(B) in paragraph (3)(A), by striking ``(2)(B)(i)'' and
inserting ``(2)(A)(i)'';
(C) by redesignating paragraph (5) as paragraph (7); and
(D) by inserting after paragraph (4) the following:
``(5) Prevention of double benefits.--No eligible student
described in paragraph (2) may concurrently receive a grant under
both this subsection and subsection (b).
``(6) Terms and conditions.--The Secretary shall award grants
under this subsection in the same manner and with the same terms
and conditions, including the length of the period of eligibility,
as the Secretary awards Federal Pell Grants under subsection (b),
except that--
``(A) the award rules and determination of need applicable
to the calculation of Federal Pell Grants under subsection
(b)(1) shall not apply to grants made under this subsection;
and
``(B) the maximum period determined under subsection (d)(5)
shall be determined by including all grants made under this
section received by the eligible student and all grants so
received under subpart 10 before the effective date of this
subsection.''; and
(2) by striking section 420R (20 U.S.C. 1070h).
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect as if included in the FAFSA Simplification
Act (title VII of division FF of Public Law 116-260) and subject to the
effective date of section 701(b) of such Act, as amended by this
division (including the authorization provided under section
102(c)(1)(A)).
SEC. 104. CONFORMING CHANGES TO PUBLIC HEALTH SERVICE ACT LOANS.
Title VII of the Public Health Service Act is amended--
(1) in section 705(a)(1) of such Act (42 U.S.C. 292d(a)(1))--
(A) in subparagraph (A)--
(i) in clause (iii), by adding ``and'' after the
semicolon;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause (iv); and
(B) in subparagraph (B)--
(i) in clause (ii), by adding ``and'' after the
semicolon;
(ii) in clause (iii), by striking ``; and'' and
inserting a semicolon; and
(iii) by striking clause (iv); and
(2) in section 722(b) of such Act (42 U.S.C. 292r(b))--
(A) in paragraph (1), by striking ``; and'' and inserting a
period;
(B) by striking paragraph (2); and
(C) by striking ``to a student--'' and all that follows
through ``who is in need'' and inserting ``to a student who is
in need''.
DIVISION S--VETERANS MATTERS
TITLE I--RAISE ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Department of Veterans Affairs
Nurse and Physician Assistant Retention and Income Security Enhancement
Act'' or the ``VA Nurse and Physician Assistant RAISE Act''.
SEC. 102. PAY FOR NURSES AND CERTAIN OTHER MEDICAL POSITIONS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Maximum Rate of Basic Pay.--Section 7451 of title 38, United
States Code, is amended--
(1) in subsection (a)(2)(C), by striking ``and physician
assistant'' and inserting ``physician assistant, and podiatrist'';
and
(2) in subsection (c), by striking paragraph (2) and inserting
the following:
``(2)(A) The maximum rate of basic pay for any grade for a covered
position may not exceed--
``(i) in the case of an advanced practice nurse, the maximum
rate of basic pay established for positions in level I of the
Executive Schedule under section 5312 of title 5;
``(ii) in the case of a physician assistant, the maximum rate
of basic pay established for positions in level I of the Executive
Schedule under section 5312 of title 5;
``(iii) in the case of a registered nurse, the maximum rate of
basic pay established for positions in level II of the Executive
Schedule under section 5313 of title 5; and
``(iv) in the case of any other covered position, the maximum
rate of basic pay established for positions in level IV of the
Executive Schedule under section 5315 of title 5.
``(B) The maximum rate of basic pay for a grade for the position of
certified registered nurse anesthetist pursuant to an adjustment under
subsection (d) may exceed the maximum rate otherwise provided in
subparagraph (A).''.
(b) Registered Nurses and Physician Assistants Serving in
Management Positions.--Section 7404 of such title is amended--
(1) in subsection (a)(2)--
(A) by striking ``The pay of physicians'' and inserting
``(A) The pay of physicians''; and
(B) by adding at the end the following new subparagraph:
``(B) The basic pay of registered nurses and physician assistants
serving in positions to which an Executive order applies under
paragraph (1) may be determined under subchapter IV of this chapter
instead of such Executive order. Such positions shall not otherwise be
covered by such subchapter, except with respect to bonuses under
section 7452 or 7458 or special pay under subsection (g) of such
section 7452.''; and
(2) in subsection (e)--
(A) by inserting ``basic pay'' after ``paid''; and
(B) by striking ``rate established for the Senior Executive
Service under section 5382 of title 5'' and inserting ``rates
established under subchapter IV of this chapter''.
TITLE II--OUTDOOR INDUSTRY VETERANS CAREERS GAO STUDY
SEC. 201. OUTDOOR INDUSTRY VETERANS CAREERS GAO STUDY.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study on the use by veterans of educational assistance
provided under laws administered by the Secretary of Veterans Affairs
to pursue careers in outdoor recreation.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) Identification of opportunities for veterans to use
educational assistance provided under laws administered by the
Secretary of Veterans Affairs to pursue careers in outdoor
recreation in the private sector and in the public sector.
(2) Identification of any difficulties with using the
educational assistance provided under laws administered by the
Secretary to veterans to pursue careers in outdoor recreation in
the private and public sector, including trained, apprentice,
assistant, and certified guides.
(3) Assessment of the availability of opportunities for careers
in outdoor recreation at the following:
(A) The Department of Agriculture.
(B) The Department of the Interior.
(C) The Army Corps of Engineers.
(D) The National Oceanic and Atmospheric Administration.
(4) Identification of any challenges veterans may have pursuing
careers in outdoor recreation at the agencies list under paragraph
(3).
(5) Identification of options to increase opportunities for
veterans to pursue careers in outdoor recreation at the agencies
listed under paragraph (3).
(c) Stakeholder Perspectives.--In conducting the study required by
subsection (a), the Comptroller General shall obtain the perspectives
of the outdoor recreation industry, veterans groups focusing on the
outdoors, nongovernmental organizations, and other interested
stakeholders.
(d) Briefing and Report.--
(1) Briefing.--Not later than 240 days after the date of the
enactment of this Act, the Comptroller General shall provide the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a briefing on the
study required by subsection (a).
(2) Report.--After providing the briefing required by paragraph
(1), the Comptroller General shall submit to the committees
described in such paragraph a report on the findings of the
Comptroller General with respect to the study completed under
subsection (a).
(e) Outdoor Recreation Defined.--In this section, the term
``outdoor recreation'' means recreational activities undertaken for
pleasure that--
(1) generally involve some level of intentional physical
exertion; and
(2) occur in nature-based environments outdoors.
DIVISION T--CREDIT UNION GOVERNANCE MODERNIZATION ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Credit Union Governance
Modernization Act of 2022''.
SEC. 102. EXPULSION OF FEDERAL CREDIT UNION MEMBERS FOR CAUSE.
Section 118 of the Federal Credit Union Act (12 U.S.C. 1764) is
amended--
(1) in subsection (a)--
(A) by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''; and
(B) by striking ``him'' and inserting ``to the member'' ;
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Expulsion for Cause.--
``(1) In general.--Except as provided in subsections (a) and
(b) of this section, a member may be expelled for cause by a two-
thirds vote of a quorum of the directors of the Federal credit
union pursuant to a policy which the National Credit Union
Administration Board shall adopt, pursuant to a rulemaking, not
later than the end of the 18-month period following the date of
enactment of the Credit Union Governance Modernization Act of 2022.
``(2) Distribution of policy to members.--A Federal credit
union may not expel a member pursuant to this subsection unless the
Federal credit union has provided, in written or electronic form, a
copy of the policy adopted by the National Credit Union
Administration Board under paragraph (1) to each member of the
Federal credit union.
``(3) Procedures.--
``(A) Notification of pending expulsion.--If a member will,
subject to the policy adopted under paragraph (1), be subject
to expulsion, the member shall be notified in advance of the
expulsion, along with the reason for such expulsion. Such
notice shall be provided in person, by mail to the member's
address, or, if the member has elected to receive electronic
communications from the Federal credit union, may be provided
electronically.
``(B) Right to a hearing.--
``(i) In general.--A member shall have 60 days from the
date of receipt of a notification under subparagraph (A) to
request a hearing from the board of directors of the
Federal credit union.
``(ii) Expulsion if no hearing.--If a member does not
request a hearing during the 60-day period described under
clause (i), the member shall be expelled after the end of
the 60-day period.
``(C) Hearing; vote on expulsion.--If a member requests a
hearing during the 60-day period described under subparagraph
(B)(i)--
``(i) the board of directors of the Federal credit
union shall provide the member with a hearing; and
``(ii) after such hearing, the board of directors of
the Federal credit union shall hold a vote in a timely
manner on expelling the member.
``(D) Notice of expulsion.--If a member is expelled under
subparagraph (B)(ii) or (C)(ii), notice of the expulsion of the
member shall be provided to the member in person, by mail to
the member's address, in written form or, if the member has
elected to receive electronic communications from the Federal
credit union, may be provided electronically.
``(4) Reinstatement.--
``(A) In general.--A member expelled under this
subsection--
``(i) shall be given an opportunity to request
reinstatement of membership; and
``(ii) may be reinstated by either--
``(I) a majority vote of a quorum of the directors
of the Federal credit union; or
``(II) a majority vote of the members of the
Federal credit union present at a meeting.
``(B) Rule of construction.--Nothing in this paragraph may
be construed to require that an expelled member be allowed to
attend the meeting described in subparagraph (A)(ii) in person.
``(5) Cause defined.--In this subsection, the term `cause'
means--
``(A) a substantial or repeated violation of the membership
agreement of the Federal credit union;
``(B) a substantial or repeated disruption, including
dangerous or abusive behavior (as defined by the National
Credit Union Administration Board pursuant to a rulemaking), to
the operations of a Federal credit union; or
``(C) fraud, attempted fraud, or other illegal conduct that
a member has been convicted of in relation to the Federal
credit union, including the Federal credit union's employees
conducting business on behalf of the Federal credit union.'';
(4) in subsection (d), as so redesignated--
(A) by striking ``either subsection (a) or (b)'' and
inserting ``subsection (a), (b), or (c)''; and
(B) by striking ``him'' and inserting ``the member''; and
(5) by adding at the end the following:
``(e) No Authority to Expel Classes of Members.--An expulsion of a
member pursuant to this section shall be done individually, on a case-
by-case basis, and neither the Board nor any Federal credit union may
expel a class of members.''.
DIVISION U--ADJUSTABLE INTEREST RATE (LIBOR) ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Adjustable Interest Rate
(LIBOR) Act''.
SEC. 102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) LIBOR is used as a benchmark rate in more than
$200,000,000,000,000 worth of contracts worldwide;
(2) a significant number of existing contracts that reference
LIBOR do not provide for the use of a clearly defined or
practicable replacement benchmark rate when LIBOR is discontinued;
and
(3) the cessation or nonrepresentativeness of LIBOR could
result in disruptive litigation related to existing contracts that
do not provide for the use of a clearly defined or practicable
replacement benchmark rate.
(b) Purpose.--It is the purpose of this division--
(1) to establish a clear and uniform process, on a nationwide
basis, for replacing LIBOR in existing contracts the terms of which
do not provide for the use of a clearly defined or practicable
replacement benchmark rate, without affecting the ability of
parties to use any appropriate benchmark rate in new contracts;
(2) to preclude litigation related to existing contracts the
terms of which do not provide for the use of a clearly defined or
practicable replacement benchmark rate;
(3) to allow existing contracts that reference LIBOR but
provide for the use of a clearly defined and practicable
replacement rate, to operate according to their terms; and
(4) to address LIBOR references in Federal law.
SEC. 103. DEFINITIONS.
In this division:
(1) Benchmark.--The term ``benchmark'' means an index of
interest rates or dividend rates that is used, in whole or in part,
as the basis of or as a reference for calculating or determining
any valuation, payment, or other measurement.
(2) Benchmark administrator.--The term ``benchmark
administrator'' means a person that publishes a benchmark for use
by third parties.
(3) Benchmark replacement.--The term ``benchmark replacement''
means a benchmark, or an interest rate or dividend rate (which may
or may not be based in whole or in part on a prior setting of
LIBOR), to replace LIBOR or any interest rate or dividend rate
based on LIBOR, whether on a temporary, permanent, or indefinite
basis, under or with respect to a LIBOR contract.
(4) Benchmark replacement conforming changes.--The term
``benchmark replacement conforming changes'' means any technical,
administrative, or operational changes, alterations, or
modifications that--
(A) the Board determines, in its discretion, would address
1 or more issues affecting the implementation, administration,
and calculation of the Board-selected benchmark replacement in
LIBOR contracts; or
(B) solely with respect to a LIBOR contract that is not a
consumer loan, in the reasonable judgment of a calculating
person, are otherwise necessary or appropriate to permit the
implementation, administration, and calculation of the Board-
selected benchmark replacement under or with respect to a LIBOR
contract after giving due consideration to any benchmark
replacement conforming changes under subparagraph (A).
(5) Board.--The term ``Board'' means the Board of Governors of
the Federal Reserve System.
(6) Board-selected benchmark replacement.--The term ``Board-
selected benchmark replacement'' means a benchmark replacement
identified by the Board that is based on SOFR, including any tenor
spread adjustment pursuant to section 104(e).
(7) Calculating person.--The term ``calculating person'' means,
with respect to any LIBOR contract, any person, including the
determining person, responsible for calculating or determining any
valuation, payment, or other measurement based on a benchmark.
(8) Consumer; credit.--The terms ``consumer'' and ``credit''
have the meanings given the terms in section 103 of the Truth in
Lending Act (15 U.S.C. 1602).
(9) Consumer loan.--The term ``consumer loan'' means a consumer
credit transaction.
(10) Determining person.--The term ``determining person''
means, with respect to any LIBOR contract, any person with the
authority, right, or obligation, including on a temporary basis (as
identified by the LIBOR contract or by the governing law of the
LIBOR contract, as appropriate) to determine a benchmark
replacement.
(11) Fallback provisions.--The term ``fallback provisions''
means terms in a LIBOR contract for determining a benchmark
replacement, including any terms relating to the date on which the
benchmark replacement becomes effective.
(12) IBOR.--The term ``IBOR'' means LIBOR, any tenor of non-
U.S. dollar currency rates formerly known as the London interbank
offered rate as administered by ICE Benchmark Administration
Limited (or any predecessor or successor administrator thereof),
and any other interbank offered rates that are expected to cease.
(13) IBOR benchmark replacement.--The term ``IBOR benchmark
replacement'' means a benchmark, or an interest rate or dividend
rate (which may or may not be based in whole or in part on a prior
setting of an IBOR), to replace an IBOR or any interest rate or
dividend rate based on an IBOR, whether on a temporary, permanent,
or indefinite basis, under or with respect to an IBOR contract.
(14) IBOR contract.--The term ``IBOR contract'' means any
contract, agreement, indenture, organizational document, guarantee,
mortgage, deed of trust, lease, security (whether representing debt
or equity, including any interest in a corporation, a partnership,
or a limited liability company), instrument, or other obligation or
asset that, by its terms, continues in any way to use an IBOR as a
benchmark.
(15) LIBOR.--The term ``LIBOR''--
(A) means the overnight and 1-, 3-, 6-, and 12-month tenors
of U.S. dollar LIBOR (formerly known as the London interbank
offered rate) as administered by ICE Benchmark Administration
Limited (or any predecessor or successor administrator
thereof); and
(B) does not include the 1-week or 2-month tenors of U.S.
dollar LIBOR.
(16) LIBOR contract.--The term ``LIBOR contract'' means any
contract, agreement, indenture, organizational document, guarantee,
mortgage, deed of trust, lease, security (whether representing debt
or equity, including any interest in a corporation, a partnership,
or a limited liability company), instrument, or other obligation or
asset that, by its terms, uses LIBOR as a benchmark.
(17) LIBOR replacement date.--The term ``LIBOR replacement
date'' means the first London banking day after June 30, 2023,
unless the Board determines that any LIBOR tenor will cease to be
published or cease to be representative on a different date.
(18) Security.--The term ``security'' has the meaning given the
term in section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a)).
(19) SOFR.--The term ``SOFR'' means the Secured Overnight
Financing Rate published by the Federal Reserve Bank of New York
(or a successor administrator).
(20) Tenor spread adjustment.--The term ``tenor spread
adjustment'' means--
(A) 0.00644 percent for overnight LIBOR;
(B) 0.11448 percent for 1-month LIBOR;
(C) 0.26161 percent for 3-month LIBOR;
(D) 0.42826 percent for 6-month LIBOR; and
(E) 0.71513 percent for 12-month LIBOR.
SEC. 104. LIBOR CONTRACTS.
(a) In General.--On the LIBOR replacement date, the Board-selected
benchmark replacement shall be the benchmark replacement for any LIBOR
contract that, after giving any effect to subsection (b)--
(1) contains no fallback provisions; or
(2) contains fallback provisions that identify neither--
(A) a specific benchmark replacement; nor
(B) a determining person.
(b) Fallback Provisions.--On the LIBOR replacement date, any
reference in the fallback provisions of a LIBOR contract to--
(1) a benchmark replacement that is based in any way on any
LIBOR value, except to account for the difference between LIBOR and
the benchmark replacement; or
(2) a requirement that a person (other than a benchmark
administrator) conduct a poll, survey, or inquiries for quotes or
information concerning interbank lending or deposit rates;
shall be disregarded as if not included in the fallback provisions of
such LIBOR contract and shall be deemed null and void and without any
force or effect.
(c) Authority of Determining Person.--
(1) In general.--Subject to subsection (f)(2), a determining
person may select the Board-selected benchmark replacement as the
benchmark replacement.
(2) Selection.--Any selection by a determining person of the
Board-selected benchmark replacement pursuant to paragraph (1)
shall be--
(A) irrevocable;
(B) made by the earlier of the LIBOR replacement date and
the latest date for selecting a benchmark replacement according
to the terms of the LIBOR contract; and
(C) used in any determinations of the benchmark under or
with respect to the LIBOR contract occurring on and after the
LIBOR replacement date.
(3) No selection.--If a determining person does not select a
benchmark replacement by the date specified in paragraph (2)(B),
the Board-selected benchmark replacement, on and after the LIBOR
replacement date, shall be the benchmark replacement for the LIBOR
contract.
(d) Conforming Changes.--
(1) In general.--If the Board-selected benchmark replacement
becomes the benchmark replacement for a LIBOR contract pursuant to
subsection (a) or (c), all benchmark replacement conforming changes
shall become an integral part of the LIBOR contract.
(2) No consent required.--A calculating person shall not be
required to obtain consent from any other person prior to the
adoption of benchmark replacement conforming changes.
(e) Adjustment by Board.--
(1) In general.--Except as provided in paragraph (2), on the
LIBOR replacement date, the Board shall adjust the Board-selected
benchmark replacement for each category of LIBOR contract that the
Board may identify to include the relevant tenor spread adjustment.
(2) Consumer loans.--For LIBOR contracts that are consumer
loans, the Board shall adjust the Board-selected benchmark
replacement as follows:
(A) During the 1-year period beginning on the LIBOR
replacement date, incorporate an amount, to be determined for
any business day during that period, that transitions linearly
from the difference between the Board-selected benchmark
replacement and the corresponding LIBOR tenor determined as of
the day immediately before the LIBOR replacement date to the
relevant tenor spread adjustment.
(B) On and after the date that is 1 year after the LIBOR
replacement date, incorporate the relevant tenor spread
adjustment.
(f) Rule of Construction.--Nothing in this division may be
construed to alter or impair--
(1) any written agreement specifying that a LIBOR contract
shall not be subject to this division;
(2) except as provided in subsection (b), any LIBOR contract
that contains fallback provisions that identify a benchmark
replacement that is not based in any way on any LIBOR value
(including the prime rate or the effective Federal funds rate);
(3) except as provided in subsection (b) or (c)(3), any LIBOR
contract subject to subsection (c)(1) as to which a determining
person does not elect to use a Board-selected benchmark replacement
pursuant to that subsection;
(4) the application to a Board-selected benchmark replacement
of any cap, floor, modifier, or spread adjustment to which LIBOR
had been subject pursuant to the terms of a LIBOR contract;
(5) any provision of Federal consumer financial law that--
(A) requires creditors to notify borrowers regarding a
change-in-terms; or
(B) governs the reevaluation of rate increases on credit
card accounts under open-ended (not home-secured) consumer
credit plans; or
(6) except as provided in section 105(c), the rights or
obligations of any person, or the authorities of any agency, under
Federal consumer financial law, as defined in section 1002 of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
SEC. 105. CONTINUITY OF CONTRACT AND SAFE HARBOR.
(a) In General.--A Board-selected benchmark replacement and the
selection or use of a Board-selected benchmark replacement as a
benchmark replacement under or with respect to a LIBOR contract, and
any benchmark replacement conforming changes, shall constitute--
(1) a commercially reasonable replacement for and a
commercially substantial equivalent to LIBOR;
(2) a reasonable, comparable, or analogous rate, index, or term
for LIBOR;
(3) a replacement that is based on a methodology or information
that is similar or comparable to LIBOR;
(4) substantial performance by any person of any right or
obligation relating to or based on LIBOR; and
(5) a replacement that has historical fluctuations that are
substantially similar to those of LIBOR for purposes of the Truth
in Lending Act (15 U.S.C. 1601 note) and regulations promulgated
under that division.
(b) No Impairment.--Neither the selection or use of a Board-
selected benchmark replacement as a benchmark replacement nor the
determination, implementation, or performance of benchmark replacement
conforming changes under section 104 may--
(1) be deemed to impair or affect the right of any person to
receive a payment, or to affect the amount or timing of such
payment, under any LIBOR contract; or
(2) have the effect of--
(A) discharging or excusing performance under any LIBOR
contract for any reason, claim, or defense (including any force
majeure or other provision in any LIBOR contract);
(B) giving any person the right to unilaterally terminate
or suspend performance under any LIBOR contract;
(C) constituting a breach of any LIBOR contract; or
(D) voiding or nullifying any LIBOR contract.
(c) Safe Harbor.--No person shall be subject to any claim or cause
of action in law or equity or request for equitable relief, or have
liability for damages, arising out of--
(1) the selection or use of a Board-selected benchmark
replacement;
(2) the implementation of benchmark replacement conforming
changes; or
(3) with respect to a LIBOR contract that is not a consumer
loan, the determination of benchmark replacement conforming
changes,
in each case after giving effect to the provisions of section 104;
provided, however, that in each case any person (including a
calculating person) shall remain subject to the terms of a LIBOR
contract that are not affected by this division and any existing legal,
regulatory, or contractual obligations to correct servicing or other
ministerial errors under or with respect to a LIBOR contract.
(d) Selection.--The selection or use of a Board-selected benchmark
replacement or the determination, implementation, or performance of
benchmark replacement conforming changes under section 104 shall not be
deemed to--
(1) be an amendment or modification of any LIBOR contract; or
(2) prejudice, impair, or affect the rights, interests, or
obligations of any person under or with respect to any LIBOR
contract.
(e) No Negative Inference.--Except as provided in subsections (a),
(b), or (c)(1) of section 104, nothing in this division may be
construed to create any negative inference or negative presumption
regarding the validity or enforceability of--
(1) any benchmark replacement (including any method for
calculating, determining, or implementing an adjustment to the
benchmark replacement to account for any historical differences
between LIBOR and the benchmark replacement) that is not a Board-
selected benchmark replacement; or
(2) any changes, alterations, or modifications to or with
respect to a LIBOR contract that are not benchmark replacement
conforming changes.
SEC. 106. BENCHMARK FOR LOANS.
(a) Definitions.--In this section:
(1) Bank.--The term ``bank'' means an institution subject to
examination by a Federal financial institutions regulatory agency.
(2) Covered action.--The term ``covered action'' means--
(A) the initiation by a Federal supervisory agency of an
enforcement action, including the issuance of a cease-and-
desist order; or
(B) the issuance by a Federal supervisory agency of a
matter requiring attention, a matter requiring immediate
attention; or a matter requiring board attention resulting from
a supervisory activity conducted by the Federal supervisory
agency.
(3) Federal financial institutions regulatory agency.--The term
``Federal financial institutions regulatory agencies'' has the
meaning given the term in section 1003 of the Federal Financial
Institutions Examination Council Act of 1978 (12 U.S.C. 3302).
(4) Federal supervisory agency.--The term ``Federal supervisory
agency'' means an agency listed in subparagraphs (A) through (H) of
section 1101(7) of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3401(7)).
(5) Non-IBOR loan.--The term ``non-IBOR loan'' means any loan
that, by its terms, does not use in any way LIBOR, any tenor of
non-U.S. dollar currency rates formerly known as the London
interbank offered rate as administered by ICE Benchmark
Administration Limited (or any predecessor or successor
administrator thereof), and any other interbank offered rates that
are expected to cease, as a benchmark.
(b) Benchmarks Used by Banks.--With respect to a benchmark used by
a bank--
(1) the bank, in any non-IBOR loan made before, on, or after
the date of enactment of this Act, may use any benchmark, including
a benchmark that is not SOFR, that the bank determines to be
appropriate for the funding model of the bank; the needs of the
customers of the bank; and the products, risk profile, risk
management capabilities, and operational capabilities of the bank;
provided, however, that the use of any benchmark shall remain
subject to the terms of the non-IBOR loan, and applicable law; and
(2) no Federal supervisory agency may take any covered action
against the bank solely because that benchmark is not SOFR.
SEC. 107. PREEMPTION.
This division, and regulations promulgated under this division,
shall supersede any provision of any State or local law, statute, rule,
regulation, or standard--
(1) relating to the selection or use of a benchmark replacement
or related conforming changes; or
(2) expressly limiting the manner of calculating interest,
including the compounding of interest, as that provision applies to
the selection or use of a Board-selected benchmark replacement or
benchmark replacement conforming changes.
SEC. 108. TRUST INDENTURE ACT OF 1939.
Section 316(b) of the Trust Indenture Act of 1939 (15 U.S.C.
77ppp(b)) is amended--
(1) by striking ``, except as'' and inserting ``, except--
``(1) as'';
(2) in paragraph (1), as so designated, by striking ``(a), and
except that'' and inserting ``(a);
``(2) that'';
(3) in paragraph (2), as so designated, by striking the period
at the end and inserting ``; and''; and
(4) by adding at the end the following:
``(3) that the right of any holder of any indenture security to
receive payment of the principal of and interest on such indenture
security shall not be deemed to be impaired or affected by any
change occurring by the application of section 104 of the
Adjustable Interest Rate (LIBOR) Act to any indenture security.''.
SEC. 109. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.
Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C.
1087-1(b)(2)(I)) is amended by adding at the end the following:
``(viii) Revised calculation rule to address instances
where 1-month usd libor ceases or is non-representative.--
``(I) Substitute reference index.--The provisions
of this clause apply to loans for which the special
allowance payment would otherwise be calculated
pursuant to clause (vii).
``(II) Calculation based on sofr.--For loans
described in subclause (III) or (IV), the special
allowance payment described in this subclause shall be
substituted for the payment provided under clause
(vii). For each calendar quarter, the formula for
computing the special allowance that would otherwise
apply under clause (vii) shall be revised by
substituting `of the quotes of the 30-day Average
Secured Overnight Financing Rate (SOFR) in effect for
each of the days in such quarter as published by the
Federal Reserve Bank of New York (or a successor
administrator), adjusted daily by adding the tenor
spread adjustment, as that term is defined in the
Adjustable Interest Rate (LIBOR) Act, for 1-month LIBOR
contracts of 0.11448 percent' for `of the 1-month
London Inter Bank Offered Rate (LIBOR) for United
States dollars in effect for each of the days in such
quarter as compiled and released by the British Bankers
Association'. The special allowance calculation for
loans subject to clause (vii) shall otherwise remain in
effect.
``(III) Loans eligible for sofr-based
calculation.--Except as provided in subclause (IV), the
special allowance payment calculated under subclause
(II) shall apply to all loans for which the holder (or,
if the holder acts as an eligible lender trustee for
the beneficial owner of the loan, the beneficial owner
of the loan) at any time after the effective date of
this clause notifies the Secretary that the holder or
beneficial owner affirmatively and permanently elects
to waive all contractual, statutory, or other legal
rights to a special allowance paid under clause (vii)
or to the special allowance paid pursuant to any other
formula that was previously in effect with respect to
such loan, and accepts the rate described in subclause
(II). Any such waiver shall apply to all loans then
held, or to be held from time to time, by such holder
or beneficial owner; provided that, due to the need to
obtain the approval of, demonstrated to the
satisfaction of the Secretary--
``(aa) one or more third parties with a legal
or beneficial interest in loans eligible for the
SOFR-based calculation; or
``(bb) a nationally recognized rating
organization assigning a rating to a financing
secured by loans otherwise eligible for the SOFR-
based calculation,
the holder of the loan (or, if the holder acts as an
eligible lender trustee for the beneficial owner of the
loan, the beneficial owner of the loan) may elect to
apply the rate described in subclause (II) to specified
loan portfolios established for financing purposes by
separate notices with different effective dates. The
special allowance rate based on SOFR shall be effective
with respect to a portfolio as of the first day of the
calendar quarter following the applicable effective
date of the waiver received by the Secretary from the
holder or beneficial owner and shall permanently and
irrevocably continue for all subsequent quarters.
``(IV) Fallback provisions.--
``(aa) In the event that a holder or beneficial
owner has not elected to waive its rights to a
special allowance payment under clause (vii) with
respect to a portfolio with an effective date of
the waiver prior to the first of--
``(AA) the date on which the ICE Benchmark
Administration (`IBA') has permanently or
indefinitely stopped providing the 1-month
United States Dollar LIBOR (`1-month USD
LIBOR') to the general public;
``(BB) the effective date of an official
public statement by the IBA or its regulator
that the 1-month USD LIBOR is no longer
reliable or no longer representative; or
``(CC) the LIBOR replacement date, as
defined in section 103 of the Adjustable
Interest Rate (LIBOR) Act,
the special allowance rate calculation as described
in subclause (II) shall, by operation of law, apply
to all loans in such portfolio.
``(bb) In such event--
``(AA) the last determined rate of special
allowance based on 1-month USD LIBOR will
continue to apply until the end of the then
current calendar quarter; and
``(BB) the special allowance rate
calculation as described in subclause (II)
shall become effective as of the first day of
the following calendar quarter and remain in
effect for all subsequent calendar quarters.''.
SEC. 110. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Board shall promulgate regulations to carry out this division.
DIVISION V--HAITI DEVELOPMENT, ACCOUNTABILITY, AND INSTITUTIONAL
TRANSPARENCY INITIATIVE ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Haiti Development,
Accountability, and Institutional Transparency Initiative Act''.
SEC. 102. STATEMENT OF POLICY.
It is the policy of the United States to support the sustainable
rebuilding and development of Haiti in a manner that--
(1) recognizes Haitian independence, self-reliance, and
sovereignty;
(2) promotes efforts that are led by and support the people and
Government of Haiti at all levels so that Haitians lead the course
of reconstruction and development of Haiti;
(3) contributes to international efforts to facilitate
conditions for broad, inclusive, and sustained political dialogue
among the different actors in Haiti to restore democratic
legitimacy and institutions in Haiti;
(4) builds the long-term capacity of the Government of Haiti,
civil society, and the private sector to foster economic
opportunities in Haiti;
(5) fosters collaboration between the Haitian diaspora in the
United States, including dual citizens of Haiti and the United
States, and the Government of Haiti and the business community in
Haiti;
(6) supports anticorruption efforts, promotes press freedom,
and addresses human rights concerns, including through the
enforcement of sanctions imposed in accordance with the Global
Magnitsky Human Rights Accountability Act (subtitle F of title XII
of Public Law 114-328; 22 U.S.C. 2656 note) on individuals
implicated in human rights violations and corruption;
(7) respects and helps restore the natural resources of Haiti
and strengthens community-level resilience to environmental and
weather-related impacts;
(8) promotes political stability through the holding of free,
fair, transparent, and timely elections in accordance with
democratic principles and the Constitution of Haiti;
(9) provides timely and comprehensive reporting on the goals
and progress of the Government of Haiti and the United States
Government, and transparent post-program evaluations and
contracting data; and
(10) promotes the participation of Haitian women and youth in
governmental and nongovernmental institutions and in economic
development and governance assistance programs funded by the United
States.
SEC. 103. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this division, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 104. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS IN
HAITI AND HOLDING PERPETRATORS OF THE LA SALINE MASSACRE
ACCOUNTABLE.
(a) Prioritization by Secretary of State.--The Secretary of State
shall prioritize the protection of human rights and anticorruption
efforts in Haiti through the following methods:
(1) Fostering strong relationships with independent civil
society groups focused on monitoring corruption and human rights
abuses and promoting democracy in Haiti.
(2) Supporting the efforts of the Government of Haiti to
identify persons involved in human rights violations and
significant acts of corruption in Haiti, including public and
private sector actors, and hold them accountable for their actions.
(3) Addressing concerns of impunity for the alleged
perpetrators of and the individuals who organized and planned the
massacre in La Saline that took place on November 13, 2018.
(4) Urging authorities to continue to investigate attacks in
the neighborhoods of La Saline and Bel Air in 2018 and 2019 that
left dozens dead in order to bring the perpetrators to justice.
(b) Briefing.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall brief the appropriate
congressional committees on the events that took place on November
13, 2018, in the neighborhood of La Saline, in Port-au-Prince,
Haiti, and the aftermath of those events.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) An examination of any links between the massacre in La
Saline and mass protests that occurred concurrently in Haiti.
(B) An analysis of the reports on the massacre in La Saline
authored by the United Nations, the European Union, and the
Government of Haiti.
(C) A detailed description of all known perpetrators of and
the individuals who organized and planned the massacre.
(D) An overview of efforts of the Government of Haiti to
bring the perpetrators of and the individuals who organized and
planned the massacre in La Saline to justice and to prevent
other similar attacks.
(E) An assessment of the ensuing treatment and displacement
of the survivors of the massacre in La Saline.
(3) Consultation.--In carrying out paragraph (1), the Secretary
shall consult with nongovernmental organizations in Haiti and the
United States.
SEC. 105. PROMOTING FREEDOM OF THE PRESS AND ASSEMBLY IN HAITI.
The Secretary of State shall prioritize the promotion of freedom of
the press and freedom of assembly and the protection of journalists in
Haiti through the following methods:
(1) Advocating to Haitian authorities for increased protection
for journalists and the press and for the freedom to peacefully
assemble or protest in Haiti.
(2) Collaborating with officials of the Government of Haiti and
representatives of civil society to increase legal protections for
journalists in Haiti.
(3) Supporting efforts to strengthen transparency in the public
and private sectors in Haiti and access to information in Haiti.
(4) Using United States foreign assistance for programs to
strengthen capacity for independent journalists and increase
support for investigative journalism in Haiti.
SEC. 106. SUPPORTING POST-EARTHQUAKE, POST-HURRICANE, AND POST-
COVID-19 RECOVERY AND DEVELOPMENT IN HAITI.
The Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
prioritize post-earthquake, post-hurricane, and post-COVID-19 recovery
and development efforts in Haiti through the following methods:
(1) Collaborating with the Government of Haiti on a detailed
and transparent development plan that includes clear objectives and
benchmarks.
(2) Building the capacity of Haitian-led public, private, and
nongovernmental sector institutions in Haiti through post-
earthquake and post-hurricane recovery and development planning.
(3) Assessing the impact of the recovery efforts of the United
States and the international community in Haiti since January 2010.
(4) Supporting disaster resilience and reconstruction efforts.
(5) Addressing the underlying causes of poverty and inequality.
(6) Improving access to--
(A) health resources;
(B) public health technical assistance; and
(C) clean water, food, and shelter.
(7) Assessing the impact of the COVID-19 pandemic on post-
disaster recovery efforts and evaluating United States support
needed to help with the pandemic response in Haiti.
(8) Supporting--
(A) the export of additional United States-produced COVID-
19 vaccine doses to Haiti; and
(B) the safe storage, transport, and end-to-end
distribution of United States-produced COVID-19 vaccines
throughout Haiti, in light of ongoing humanitarian access
challenges presented by Haiti's security environment.
SEC. 107. REPORT ON DEVELOPMENTS IN HAITI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
(in this section referred to as the ``Administrator'') and other
relevant agencies and departments, shall submit to the appropriate
congressional committees a report on developments in Haiti.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A strategy for carrying out sections 104(a), 105, and 106
of this division, including established baselines, benchmarks, and
indicators to measure outcomes and impact.
(2) An assessment of major corruption committed among the
public and private sectors in Haiti, including identification of
any individual or entity that financed corruption activities, and
all corruption prosecutions investigated by the judiciary of Haiti
since January 2015.
(3) An overview of efforts of the Government of Haiti to
address corruption, including the Petrocaribe scandal, and
corrective measures to strengthen and restore trust in the public
institutions of Haiti.
(4) A description of efforts of the United States Government to
consult and engage with officials of the Government of Haiti and
independent civil society groups focused on monitoring corruption
and human rights abuses and promoting democracy and press freedom
in Haiti since January 2015.
(5) A description of the response by the Government of Haiti to
civic protests that have taken place since July 2018 and any
allegations of human rights abuses, including attacks on
journalists.
(6) An assessment of United States security assistance to
Haiti, including United States support to the Haitian National
Police and an assessment of compliance with section 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and section 362 of
title 10, United States Code (commonly referred to as the ``Leahy
Laws'').
(7) A description of the efforts of the Government of Haiti to
support displaced survivors of urban and gang violence.
(8) An assessment of United States interagency efforts to
counter kidnapping and armed violence in Haiti.
(9) An assessment of the impact of presidential decrees on the
health of Haiti's democratic institutions and the safeguarding of
human rights, including decrees relating to--
(A) reducing the authority of the Superior Court of
Accounts and Administrative Litigation;
(B) promulgating an antiterrorism law;
(C) establishing the National Intelligence Agency; and
(D) retiring and subsequently appointing judges to the
Supreme Court of Haiti.
(10) A review of the alleged coup against President Moise on
February 7, 2021, and subsequent arrest and jailings of alleged
perpetrators.
(11) An analysis, conducted in collaboration with the
Government of Haiti, of efforts to support development goals in
Haiti since January 2015, including steps taken--
(A) to strengthen institutions at the national and local
levels; and
(B) to strengthen democratic governance at the national and
local levels.
(12) An analysis of the effectiveness and sustainability of
development projects financed by the United States, including the
Caracol Industrial Park and supporting infrastructure.
(13) A description of procurement from Haitian small- and
medium-sized businesses and nongovernmental organizations by the
Government of the United States and the Government of Haiti for
development and humanitarian activities, disaggregated by year
since 2015, and a description of efforts to increase local
procurement, including food aid.
(14) A description of United States efforts since January 2015
to assist the Haitian people in their pursuits for free, fair, and
timely democratic elections.
(15) An overview of United States efforts to cooperate with
diplomatic partners in Latin America, the Caribbean, Canada, and
Europe to engage with political leaders, civil society, the private
sector, and underrepresented populations in Haiti to support a
stable environment conducive to holding free and fair elections.
(16) Quantitative and qualitative indicators to assess progress
and benchmarks for United States initiatives focused on sustainable
development in Haiti, including democracy assistance, economic
revitalization, natural disaster recovery, pandemic response,
resilience, energy and infrastructure, health, and food security.
(c) Consultation.--In preparing the report required by subsection
(a), the Secretary and the Administrator shall consult, as appropriate,
with--
(1) nongovernmental organizations and civil society groups in
Haiti and the United States; and
(2) the Government of Haiti.
(d) Public Availability.--The Secretary shall make the report
required by subsection (a) publicly available on the website of the
Department of State.
SEC. 108. REPORT ON THE ASSASSINATION OF PRESIDENT JOVENEL MOISE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Attorney General, the Secretary of Homeland Security, and the Director
of the Central Intelligence Agency, shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report on the July 7, 2021,
assassination of former President of Haiti Jovenel Moise.
(b) Updated Report.--Not later than 180 days after the submission
of the report required by subsection (a), the Secretary of State, in
coordination with the Attorney General, the Secretary of Homeland
Security, and the Director of the Central Intelligence Agency, shall
submit to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives an updated
version of the report that includes any significant developments
related to the assassination of former President of Haiti Jovenel
Moise.
(c) Elements.--The report required by subsection (a) and the report
required by subsection (b) shall each include the following elements:
(1) A detailed description of the events leading up to the
assassination of former President Jovenel Moise and the subsequent
investigation of the assassination, including a description and
identification of key dates and the names of foreign persons
related to the assassination and the investigation of the
assassination.
(2) A description of United States support for the efforts of
Haitian authorities to investigate the assassination of former
President Jovenel Moise.
(3) An assessment of the independence and capacity of Haitian
authorities to investigate the assassination of former President
Jovenel Moise, including analysis of significant advances and
deficiencies of the investigation.
(4) A description of any threats and acts of intimidation
against Haitian law enforcement and judicial authorities involved
in the investigation of the assassination of former President
Jovenel Moise, including the identification of foreign persons
involved in such threats and acts of intimidation.
(5) A description of any efforts to interfere in or undermine
the independence and integrity of the investigation of the
assassination of former President Jovenel Moise.
(6) A description of whether any foreign persons previously
employed by or who served as a contractor or informant for the
United States Government were involved in the assassination of
former President Jovenel Moise.
(7) A description and the identification of foreign persons
involved in the execution and planning of the assassination of
former President Jovenel Moise and an assessment of the intentions
of such foreign persons.
(d) Form of Report.--The report required by subsection (a) and the
updated report required by subsection (b) shall each be submitted in an
unclassified form, but each may include a classified annex.
(e) Publication.--The Secretary of State shall post on the public
website of the Department of State--
(1) the unclassified version of the report required by
subsection (a) not later than 15 days after the date on which the
report is submitted under such subsection; and
(2) the unclassified version of the report required by
subsection (b) not later than 15 days after the date on which the
report is submitted under such subsection.
(f) Briefing Requirement.--The Secretary of State, in coordination
with the Attorney General, the Secretary of Homeland Security, and the
Director of the Central Intelligence Agency, shall brief the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives on--
(1) the contents of the report required by subsection (a) not
later than 15 days after the date on which the report is submitted
under such subsection; and
(2) the contents of the report required by subsection (b) not
later than 15 days after the date on which the report is submitted
under such subsection.
SEC. 109. REPEAL.
The Assessing Progress in Haiti Act of 2014 (22 U.S.C. 2151 note;
Public Law 113-162) is repealed.
SEC. 110. TERMINATION.
This division shall terminate on December 31, 2025.
DIVISION W--VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION ACT OF 2022
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women Act
Reauthorization Act of 2022''.
SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) In General.--Section 40002 of the Violence Against Women Act of
1994 (34 U.S.C. 12291) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``In
this title'' and inserting ``In this title, for the purpose of
grants authorized under this title'';
(B) by redesignating paragraphs (43) through (45) as
paragraphs (50) through (52), respectively;
(C) by redesignating paragraphs (34) through (42) as
paragraphs (41) through (49), respectively;
(D) by redesignating paragraphs (26) through (33) as
paragraphs (32) through (39), respectively;
(E) by redesignating paragraphs (18) through (25) as
paragraphs (23) through (30), respectively;
(F) by redesignating paragraphs (16) and (17) as paragraphs
(22) and (21), respectively, and transferring paragraph (22),
as so redesignated, so as to appear before paragraph (23), as
so redesignated;
(G) by redesignating paragraphs (12) through (15) as
paragraphs (17) through (20), respectively;
(H) by redesignating paragraph (11) as paragraph (14);
(I) by redesignating paragraphs (9) and (10) as paragraphs
(10) and (11), respectively;
(J) by redesignating paragraph (8) as paragraph (12), and
transferring it to appear after paragraph (11), as so
redesignated;
(K) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively;
(L) by redesignating paragraph (2) as paragraph (7), and
transferring it to appear before paragraph (8), as so
redesignated;
(M) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (4), respectively, and transferring paragraph (4), as
so redesignated, so as to appear after paragraph (3);
(N) by redesignating paragraph (1) as paragraph (2);
(O) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Abuse in later life .--The term `abuse in later life'--
``(A) means--
``(i) neglect, abandonment, economic abuse, or willful
harm of an adult aged 50 or older by an individual in an
ongoing relationship of trust with the victim; or
``(ii) domestic violence, dating violence, sexual
assault, or stalking of an adult aged 50 or older by any
individual; and
``(B) does not include self-neglect.'';
(P) by inserting after paragraph (5), as so redesignated,
the following:
``(6) Court-based personnel; court-related personnel.--The
terms `court-based personnel' and `court-related personnel' mean
individuals working in the court, whether paid or volunteer,
including--
``(A) clerks, special masters, domestic relations officers,
administrators, mediators, custody evaluators, guardians ad
litem, lawyers, negotiators, probation, parole, interpreters,
victim assistants, victim advocates, and judicial,
administrative, or any other professionals or personnel
similarly involved in the legal process;
``(B) court security personnel;
``(C) personnel working in related supplementary offices or
programs (such as child support enforcement); and
``(D) any other court-based or community-based personnel
having responsibilities or authority to address domestic
violence, dating violence, sexual assault, or stalking in the
court system.'';
(Q) in paragraph (12), as so redesignated, by striking
``includes felony'' and all that follows through
``jurisdiction.'' and inserting the following: ``includes
felony or misdemeanor crimes committed by a current or former
spouse or intimate partner of the victim under the family or
domestic violence laws of the jurisdiction receiving grant
funding and, in the case of victim services, includes the use
or attempted use of physical abuse or sexual abuse, or a
pattern of any other coercive behavior committed, enabled, or
solicited to gain or maintain power and control over a victim,
including verbal, psychological, economic, or technological
abuse that may or may not constitute criminal behavior, by a
person who--
``(A) is a current or former spouse or intimate partner of
the victim, or person similarly situated to a spouse of the
victim;
``(B) is cohabitating, or has cohabitated, with the victim
as a spouse or intimate partner;
``(C) shares a child in common with the victim; or
``(D) commits acts against a youth or adult victim who is
protected from those acts under the family or domestic violence
laws of the jurisdiction.'';
(R) by inserting after paragraph (12), as so redesignated,
the following:
``(13) Economic abuse.--The term `economic abuse', in the
context of domestic violence, dating violence, and abuse in later
life, means behavior that is coercive, deceptive, or unreasonably
controls or restrains a person's ability to acquire, use, or
maintain economic resources to which they are entitled, including
using coercion, fraud, or manipulation to--
``(A) restrict a person's access to money, assets, credit,
or financial information;
``(B) unfairly use a person's personal economic resources,
including money, assets, and credit, for one's own advantage;
or
``(C) exert undue influence over a person's financial and
economic behavior or decisions, including forcing default on
joint or other financial obligations, exploiting powers of
attorney, guardianship, or conservatorship, or failing or
neglecting to act in the best interests of a person to whom one
has a fiduciary duty.'';
(S) by inserting after paragraph (14), as so redesignated,
the following:
``(15) Female genital mutilation or cutting.--The term `female
genital mutilation or cutting' has the meaning given such term in
section 116 of title 18, United States Code.
``(16) Forced marriage.--The term `forced marriage' means a
marriage to which 1 or both parties do not or cannot consent, and
in which 1 or more elements of force, fraud, or coercion is
present. Forced marriage can be both a cause and a consequence of
domestic violence, dating violence, sexual assault or stalking.'';
(T) by striking paragraph (17), as so redesignated, and
inserting the following:
``(17) Homeless.-- The term `homeless' has the meaning given
such term in section 41403.'';
(U) in paragraph (22), as so redesignated--
(i) in the heading, by inserting ``; indian tribe''
after ``tribe''; and
(ii) by striking ``term `Indian tribe' means'' and
inserting ``terms `Indian tribe' and `Indian Tribe' mean'';
(V) by striking paragraph (24), as so redesignated, and
inserting the following:
``(24) Legal assistance.--
``(A) Definition.--The term `legal assistance' means
assistance provided by or under the direct supervision of a
person described in subparagraph (B) to an adult, youth, or
child victim of domestic violence, dating violence, sexual
assault, or stalking relating to a matter described in
subparagraph (C).
``(B) Person described.--A person described in this
subparagraph is--
``(i) a licensed attorney;
``(ii) in immigration proceedings, a Board of
Immigration Appeals accredited representative;
``(iii) in claims of the Department of Veterans
Affairs, a representative authorized by the Secretary of
Veterans Affairs; or
``(iv) any person who functions as an attorney or lay
advocate in tribal court.
``(C) Matter described.--A matter described in this
subparagraph is a matter relating to--
``(i) divorce, parental rights, child support, Tribal,
territorial, immigration, employment, administrative
agency, housing, campus, education, healthcare, privacy,
contract, consumer, civil rights, protection or other
injunctive proceedings, related enforcement proceedings,
and other similar matters;
``(ii) criminal justice investigations, prosecutions,
and post-conviction matters (including sentencing, parole,
and probation) that impact the victim's safety, privacy, or
other interests as a victim;
``(iii) alternative dispute resolution, restorative
practices, or other processes intended to promote victim
safety, privacy, and autonomy, and offender accountability,
regardless of court involvement; or
``(iv) with respect to a conviction of a victim
relating to or arising from domestic violence, dating
violence, sexual assault, stalking, or sex trafficking
victimization of the victim, post-conviction relief
proceedings in State, local, Tribal, or territorial court.
``(D) Intake or referral.--For purposes of this paragraph,
intake or referral, by itself, does not constitute legal
assistance.'';
(W) by inserting after paragraph (30), as so redesignated,
the following:
``(31) Restorative practice.--The term `restorative practice'
means a practice relating to a specific harm that--
``(A) is community-based and unaffiliated with any civil or
criminal legal process;
``(B) is initiated by a victim of the harm;
``(C) involves, on a voluntary basis and without any
evidence of coercion or intimidation of any victim of the harm
by any individual who committed the harm or anyone associated
with any such individual--
``(i) 1 or more individuals who committed the harm;
``(ii) 1 or more victims of the harm; and
``(iii) the community affected by the harm through 1 or
more representatives of the community;
``(D) shall include and has the goal of--
``(i) collectively seeking accountability from 1 or
more individuals who committed the harm;
``(ii) developing a written process whereby 1 or more
individuals who committed the harm will take responsibility
for the actions that caused harm to 1 or more victims of
the harm; and
``(iii) developing a written course of action plan--
``(I) that is responsive to the needs of 1 or more
victims of the harm; and
``(II) upon which 1 or more victims, 1 or more
individuals who committed the harm, and the community
can agree; and
``(E) is conducted in a victim services framework that
protects the safety and supports the autonomy of 1 or more
victims of the harm and the community.'';
(X) by inserting after paragraph (39), as so redesignated,
the following:
``(40) Technological abuse.--The term `technological abuse'
means an act or pattern of behavior that occurs within domestic
violence, sexual assault, dating violence or stalking and is
intended to harm, threaten, intimidate, control, stalk, harass,
impersonate, exploit, extort, or monitor, except as otherwise
permitted by law, another person, that occurs using any form of
technology, including but not limited to: internet enabled devices,
online spaces and platforms, computers, mobile devices, cameras and
imaging programs, apps, location tracking devices, or communication
technologies, or any other emerging technologies.''; and
(Y) in paragraph (51), as so redesignated, by inserting
``legal assistance and'' before ``legal advocacy''; and
(2) in subsection (b)--
(A) in paragraph (2), by adding at the end the following:
``(H) Death of the party whose privacy had been
protected.--In the event of the death of any victim whose
confidentiality and privacy is required to be protected under
this subsection, grantees and subgrantees may share personally
identifying information or individual information that is
collected about deceased victims being sought for a fatality
review to the extent permitted by their jurisdiction's law and
only if the following conditions are met:
``(i) The underlying objectives of the fatality review
are to prevent future deaths, enhance victim safety, and
increase offender accountability.
``(ii) The fatality review includes policies and
protocols to protect identifying information, including
identifying information about the victim's children, from
further release outside the fatality review team.
``(iii) The grantee or subgrantee makes a reasonable
effort to get a release from the victim's personal
representative (if one has been appointed) and from any
surviving minor children or the guardian of such children
(but not if the guardian is the abuser of the deceased
parent), if the children are not capable of knowingly
consenting.
``(iv) The information released is limited to that
which is necessary for the purposes of the fatality
review.'';
(B) in paragraph (3), by striking the period at the end and
inserting ``if--
``(A) the confidentiality and privacy requirements of this
title are maintained; and
``(B) personally identifying information about adult,
youth, and child victims of domestic violence, dating violence,
sexual assault, and stalking is not requested or included in
any such collaboration or information-sharing.'';
(C) in paragraph (11)--
(i) by striking ``Of the total'' and inserting the
following:
``(A) In general.--Of the total''; and
(ii) by adding at the end the following:
``(B) Requirement.--The Office on Violence Against Women
shall make all technical assistance available as broadly as
possible to any appropriate grantees, subgrantees, potential
grantees, or other entities without regard to whether the
entity has received funding from the Office on Violence Against
Women for a particular program or project, with priority given
to recipients awarded a grant before the date of enactment of
the Violence Against Women Act Reauthorization Act of 2022.'';
(D) in paragraph (14)--
(i) by striking ``services and assistance to victims''
and inserting ``services and assistance to--
``(A) victims'';
(ii) by striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(B) adult survivors of child sexual abuse; and
``(C) victims of domestic violence, dating violence, sexual
assault, or stalking who are also victims of female genital
mutilation or cutting, or forced marriage.'';
(E) by striking paragraph (15);
(F) by redesignating paragraph (16) as paragraph (15); and
(G) in paragraph (15), as so redesignated--
(i) in subparagraph (A), by striking clause (iii) and
inserting the following:
``(iii) Technical assistance.--A recipient of grant
funds under this Act that is found to have an unresolved
audit finding shall be eligible to receive prompt,
individualized technical assistance to resolve the audit
finding and to prevent future findings, for a period not to
exceed the following 2 fiscal years.''; and
(ii) in subparagraph (C)(i), by striking ``$20,000''
and inserting ``$100,000'' and by inserting ``the Director
or Principal Deputy Director of the Office on Violence
Against Women or'' before ``the Deputy Attorney General'';
and
(H) by adding at the end the following:
``(16) Innovation fund.--Of the amounts appropriated to carry
out this title, not more than 1 percent shall be made available for
pilot projects, demonstration projects, and special initiatives
designed to improve Federal, State, local, Tribal, and other
community responses to gender-based violence.''.
(b) Definitions and Grant Conditions.--Section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291) shall apply to
this Act and any grant program authorized under this Act.
SEC. 3. AGENCY AND DEPARTMENT COORDINATION.
Each head of an Executive department (as defined in section 101 of
title 5, United States Code) responsible for carrying out a program
under this Act, the Violence Against Women Act of 1994 (title IV of
Public Law 103-322; 108 Stat. 1902), the Violence Against Women Act of
2000 (division B of Public Law 106-386; 114 Stat. 1491), the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(title IX of Public Law 109-162; 119 Stat. 3080), or the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4; 127 Stat.
54) may coordinate and collaborate on the prevention of domestic
violence, dating violence, sexual assault, and stalking, including
sharing best practices and efficient use of resources and technology
for victims and those seeking assistance from the Federal Government.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall not take effect until October 1
of the first fiscal year beginning after the date of enactment of this
Act.
(b) Effective on Date of Enactment.--Sections 106, 107, 304, 606,
803, and 1306 and any amendments made by such sections shall take
effect on the date of enactment of this Act.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress--
(1) that sex trafficking victims experience sexual violence and
assault; and
(2) that Federal recognition of their recovery is important.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions or amendment to any other person or circumstance, shall not
be affected.
TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 101. STOP GRANTS.
(a) In General.--Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) is amended--
(1) in section 2001 (34 U.S.C. 10441)--
(A) in subsection (b)--
(i) in paragraph (3), by inserting before the semicolon
at the end the following: ``, including implementation of
the grant conditions in section 40002(b) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(b))'';
(ii) in paragraph (5), by inserting ``and legal
assistance'' after ``improving delivery of victim
services''; and
(iii) in paragraph (9)--
(I) by striking ``older and disabled women'' and
inserting ``individuals 50 years of age or over,
individuals with disabilities, and Deaf individuals'';
(II) by inserting ``legal assistance,'' after
``counseling,''; and
(III) by striking ``older and disabled
individuals'' and inserting ``individuals'';
(iv) in paragraph (11), by inserting before the
semicolon at the end the following: ``, including
rehabilitative work with offenders'';
(v) in paragraph (19), by striking ``and'' at the end;
(vi) in paragraph (20)--
(I) by striking ``or stalking'' and inserting
``stalking, or female genital mutilation or cutting'';
and
(II) by striking the period at the end and
inserting a semicolon; and
(vii) by inserting after paragraph (20), the following:
``(21) developing, enhancing, or strengthening programs and
projects to improve evidence collection methods for victims of
domestic violence, dating violence, sexual assault, or stalking,
including through funding for technology that better detects
bruising and injuries across skin tones and related training;
``(22) developing, enlarging, or strengthening culturally
specific victim services programs to provide culturally specific
victim services and responses to female genital mutilation or
cutting;
``(23) providing victim advocates in State or local law
enforcement agencies, prosecutors' offices, and courts to provide
supportive services and advocacy to Indian victims of domestic
violence, dating violence, sexual assault, and stalking; and
``(24) paying any fees charged by any governmental authority
for furnishing a victim or the child of a victim with any of the
following documents:
``(A) A birth certificate or passport of the individual, as
required by law.
``(B) An identification card issued to the individual by a
State or Tribe, that shows that the individual is a resident of
the State or a member of the Tribe.''; and
(B) in subsection (d)(3), in the matter preceding
subparagraph (A), by striking ``2014 through 2018'' and
inserting ``2023 through 2027'';
(2) in section 2007 (34 U.S.C. 10446)--
(A) in subsection (d)--
(i) by redesignating paragraphs (5) and (6) as
paragraphs (7) and (8), respectively; and
(ii) by inserting after paragraph (4) the following:
``(5) proof of compliance with the requirements regarding
training for victim-centered prosecution described in section 2017;
``(6) certification of compliance with the grant conditions
under section 40002(b) of the Violence Against Women Act of 1994
(34 U.S.C. 12291(b)), as applicable;'';
(B) in subsection (i)--
(i) in paragraph (1), by inserting before the semicolon
at the end the following: ``and the requirements under
section 40002(b) of the Violence Against Women Act of 1994
(34 U.S.C. 12291(b)), as applicable''; and
(ii) in paragraph (2)(C)(iv), by inserting after
``ethnicity,'' the following: ``sexual orientation, gender
identity,''; and
(C) in subsection (j)(2), by adding a period at the end;
and
(3) by adding at the end the following:
``SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM TESTIMONY.
``In order for a prosecutor's office to be eligible to receive
grant funds under this part, the head of the office shall certify, to
the State, Indian Tribal government, or territorial government
receiving the grant funding, that the office will, during the 3-year
period beginning on the date on which the grant is awarded, engage in
planning, developing and implementing--
``(1) training developed by experts in the field regarding
victim-centered approaches in domestic violence, sexual assault,
dating violence, and stalking cases;
``(2) policies that support a victim-centered approach,
informed by such training; and
``(3) a protocol outlining alternative practices and procedures
for material witness petitions and bench warrants, consistent with
best practices, that shall be exhausted before employing material
witness petitions and bench warrants to obtain victim-witness
testimony in the investigation, prosecution, and trial of a crime
related to domestic violence, sexual assault, dating violence, and
stalking of the victim in order to prevent further victimization
and trauma to the victim.''.
(b) Authorization of Appropriations.--Section 1001(a)(18) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(18)) is amended by striking ``2014 through 2018'' and
inserting ``2023 through 2027''.
SEC. 102. GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE.
(a) Heading.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) is amended in the
heading, by striking ``grants to encourage arrest policies'' and
inserting ``grants to improve the criminal justice response''.
(b) Grants.--Section 2101 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10461) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Purpose.--The purpose of this part is to assist States,
Indian Tribal governments, State and local courts (including juvenile
courts), Tribal courts, and units of local government to improve the
criminal justice response to domestic violence, dating violence, sexual
assault, and stalking as serious violations of criminal law, and to
seek safety and autonomy for victims.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``proarrest'' and
inserting ``offender accountability and homicide reduction'';
(B) in paragraph (5), by striking ``legal advocacy service
programs'' and inserting ``legal advocacy and legal assistance
programs'';
(C) in paragraph (8), by striking ``older individuals (as
defined in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002))'' and inserting ``individuals 50 years of age or
over, Deaf individuals,'';
(D) in paragraph (19), by inserting before the period at
the end the following ``, including victims among underserved
populations (as defined in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)))''; and
(E) by adding at the end the following:
``(25) To develop Statewide databases with information on where
sexual assault nurse examiners are located.
``(26) To develop and implement alternative methods of reducing
crime in communities, to supplant punitive programs or policies.
For purposes of this paragraph, a punitive program or policy is a
program or policy that--
``(A) imposes a penalty on a victim of domestic violence,
dating violence, sexual assault, or stalking, on the basis of a
request by the victim for law enforcement or emergency
assistance; or
``(B) imposes a penalty on such a victim because of
criminal activity at the property in which the victim
resides.''; and
(3) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``encourage or mandate
arrests of domestic violence offenders'' and inserting
``encourage arrests of domestic violence, dating violence,
sexual assault, and stalking offenders''; and
(ii) in clause (ii), by striking ``encourage or mandate
arrest of domestic violence offenders'' and inserting
``encourage arrest of offenders'';
(B) in subparagraph (E)(ii), by striking ``and'' at the
end; and
(C) by inserting after subparagraph (E) the following:
``(F) except for a court, not later than 3 years after the
date on which an eligible grantee receives the first award
under this part after the date of enactment of the Violence
Against Women Act Reauthorization Act of 2022, certify that the
laws, policies, and practices of the State or the jurisdiction
in which the eligible grantee is located ensure that
prosecutor's offices engage in planning, developing, and
implementing--
``(i) training developed by experts in the field
regarding victim-centered approaches in domestic violence,
sexual assault, dating violence, and stalking cases;
``(ii) policies that support a victim-centered
approach, informed by such training; and
``(iii) a protocol outlining alternative practices and
procedures for material witness petitions and bench
warrants, consistent with best practices, that shall be
exhausted before employing material witness petitions and
bench warrants to obtain victim-witness testimony in the
investigation, prosecution, and trial of a crime related to
domestic violence, sexual assault, dating violence, and
stalking of the victim in order to prevent further
victimization and trauma to the victim; and
``(G) except for a court, certify that the laws, policies,
and practices of the State or the jurisdiction in which the
eligible grantee is located prohibits the prosecution of a
minor under the age of 18 with respect to prostitution; and''.
(c) Authorization of Appropriations.--Section 1001(a)(19) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(19)) is amended by striking ``2014 through 2018'' and
inserting ``2023 through 2027''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20121) is amended--
(1) in subsection (a), by inserting after ``no cost to the
victims.'' the following: ``When legal assistance to a dependent is
necessary for the safety of a victim, such assistance may be
provided.'';
(2) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) any person providing legal assistance through a program
funded under this section--
``(A)(i) is a licensed attorney or is working under the
direct supervision of a licensed attorney;
``(ii) in immigration proceedings, is a Board of
Immigration Appeals accredited representative;
``(iii) in Veterans' Administration claims, is an
accredited representative; or
``(iv) is any person who functions as an attorney or lay
advocate in Tribal court; and
``(B)(i) has demonstrated expertise in providing legal
assistance to victims of domestic violence, dating violence,
sexual assault, or stalking in the targeted population; or
``(ii)(I) is partnered with an entity or person that has
demonstrated expertise described in clause (i); and
``(II) has completed, or will complete, training in
connection with domestic violence, dating violence, stalking,
or sexual assault and related legal issues, including training
on evidence-based risk factors for domestic and dating violence
homicide;'';
(B) in paragraph (2), by striking ``or local'' and insert
the following: ``local, or culturally specific'';
(C) in paragraph (4), after ``dating violence,'' by
inserting ``stalking,''; and
(3) in subsection (f)(1)--
(A) by striking ``$57,000,000'' and inserting
``$60,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2023
through 2027''.
SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
Section 1301 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 12464) is amended--
(1) in subsection (b)(8), by striking ``to improve'' and
inserting ``improve'';
(2) in subsection (e), by striking ``2014 through 2018'' and
inserting ``2023 through 2027''; and
(3) by adding at the end the following:
``(g) Cultural Relevance.--Any services provided pursuant to a
grant funded under this section shall be provided in a culturally
relevant manner.''.
SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANTS.
Section 120 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20123) is amended--
(1) in subsection (b)(3), by inserting ``Native Hawaiian,''
before ``or local organization'';
(2) in subsection (d)--
(A) in paragraph (4)--
(i) by striking ``effectiveness'' and inserting
``response'';
(ii) by inserting ``population-specific'' before
``training''; and
(iii) by striking ``or'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) developing, enlarging, or strengthening culturally
specific programs and projects to provide culturally specific
services regarding responses to, and prevention of, female genital
mutilation and cutting; or
``(7) strengthening the response of social and human services
by providing population-specific training for service providers on
domestic violence, dating violence, sexual assault, or stalking in
underserved populations.''; and
(3) in subsection (g)--
(A) by striking ``$2,000,000'' and inserting
``$6,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2023
through 2027''.
SEC. 106. CRIMINAL PROVISIONS.
Section 2265(d)(3) of title 18, United States Code, is amended--
(1) by striking ``restraining order or injunction,''; and
(2) by adding at the end the following: ``The prohibition under
this paragraph applies to all protection orders for the protection
of a person residing within a State, territorial, or Tribal
jurisdiction, whether or not the protection order was issued by
that State, territory, or Tribe.''.
SEC. 107. RAPE SURVIVOR CHILD CUSTODY.
Section 409 of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 21308) is amended by striking ``2015 through 2019'' and
inserting ``2023 through 2027''.
SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Section 121 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20124) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``paragraph (a)(2) of this subsection''
and inserting ``paragraph (2)''; and
(ii) by striking ``shall take 5 percent of such
appropriated amounts'' and inserting ``shall take 15
percent of such appropriated amounts for the program under
paragraph (2)(A) and 5 percent of such appropriated amounts
for the programs under subparagraphs (B) through (E) of
paragraph (2)''; and
(B) by adding at the end the following:
``(3) Additional authorization of appropriations.--In addition
to the amounts made available under paragraph (1), there are
authorized to be appropriated to carry out this section $25,000,000
for each of fiscal years 2023 through 2027.
``(4) Distribution.--
``(A) In general.--Of the total amount available for grants
under this section, not less than 40 percent of such funds
shall be allocated for programs or projects that meaningfully
address non-intimate partner relationship sexual assault.
``(B) Alternative allocation.--Notwithstanding 40002(b)(11)
of the Violence Against Women Act of 1994 (34 U.S.C.
12291(b)(11)), the Director may allocate a portion of funds
described in subparagraph (A) to enhanced technical assistance
relating to non-intimate partner sexual assault if the Office
on Violence Against Women does not receive sufficient qualified
applications proposing to address non-intimate partner
relationship sexual assault.'';
(2) in subsection (b)(3), by adding at the end the following:
``Not less than 1 such organization shall have demonstrated
expertise primarily in domestic violence services, and not less
than 1 such organization shall have demonstrated expertise
primarily in non-intimate partner sexual assault services.'';
(3) by striking subsection (e); and
(4) by redesignating subsections (f) through (h) as subsections
(e) through (g), respectively.
SEC. 109. PILOT PROGRAM ON RESTORATIVE PRACTICES.
(a) In General.--The Violence Against Women Act of 1994 (title IV
of Public Law 103-322), as amended by section 205, is further amended
by adding at the end the following:
``Subtitle R--Restorative Practices
``SEC. 41801. PILOT PROGRAM ON RESTORATIVE PRACTICES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of the
Office on Violence Against Women.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a tribal government;
``(D) a tribal organization;
``(E) a victim service provider;
``(F) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)); and
``(G) a private or public nonprofit organization,
including--
``(i) a tribal nonprofit organization; and
``(ii) a faith-based nonprofit organization.
``(3) Restorative practice.--The term `restorative practice'
means a practice relating to a specific harm that--
``(A) is community-based and unaffiliated with any civil or
criminal legal process;
``(B) is initiated by a victim of the harm;
``(C) involves, on a voluntary basis and without any
evidence of coercion or intimidation of any victim of the harm
by any individual who committed the harm or anyone associated
with any such individual--
``(i) 1 or more individuals who committed the harm;
``(ii) 1 or more victims of the harm; and
``(iii) the community affected by the harm through 1 or
more representatives of the community;
``(D) shall include and has the goal of--
``(i) collectively seeking accountability from 1 or
more individuals who committed the harm;
``(ii) developing a written process whereby 1 or more
individuals who committed the harm will take responsibility
for the actions that caused harm to 1 or more victims of
the harm; and
``(iii) developing a written course of action plan--
``(I) that is responsive to the needs of 1 or more
victims of the harm; and
``(II) upon which 1 or more victims, 1 or more
individuals who committed the harm, and the community
can agree; and
``(E) is conducted in a victim services framework that
protects the safety and supports the autonomy of 1 or more
victims of the harm and the community.
``(b) Grants Authorized.--The Director shall award grants to
eligible entities to develop and implement a program, or to assess best
practices, for--
``(1) restorative practices to prevent or address domestic
violence, dating violence, sexual assault, or stalking;
``(2) training by eligible entities, or for eligible entities,
courts, or prosecutors, on restorative practices and program
implementation; and
``(3) evaluations of a restorative practice described in
paragraph (1).
``(c) Priority.--In awarding grants under subsection (b), the
Director shall give priority to eligible entities that submit proposals
that meaningfully address the needs of culturally specific or
underserved populations.
``(d) Qualifications.--To be eligible to receive a grant under this
section, an eligible entity shall demonstrate a history of
comprehensive training and experience in working with victims of
domestic violence, dating violence, sexual assault, or stalking.
``(e) Program Requirements.--
``(1) In general.--An eligible entity or a subgrantee of an
eligible entity that offers a restorative practices program with
funds awarded under this section shall ensure that such program--
``(A) includes set practices and procedures for screening
the suitability of any individual who committed a harm based
on--
``(i) the history of civil and criminal complaints
against the individual involving domestic violence, sexual
assault, dating violence, or stalking;
``(ii) parole or probation violations of the individual
or whether active parole or probation supervision of the
individual is being conducted for prior offenses involving
domestic violence, sexual assault, dating violence, or
stalking;
``(iii) the risk to the safety of any victim of the
harm based on an evidence-based risk assessment;
``(iv) the risk to public safety, including an
evidence-based risk assessment of the danger to the public;
and
``(v) past participation of any individual who
committed the harm in restorative practice programing; and
``(B) denies eligibility to participate in the program for
any individual who committed a harm against whom there is--
``(i) a pending felony or misdemeanor prosecution for
an offense against any victim of the harm or a dependent of
any such victim;
``(ii) a restraining order or a protection order (as
defined in section 2266 of title 18, United States Code)
that protects any victim of the harm or a dependent of any
such victim, unless there is an exception in the
restraining order or protective order allowing for
participation in a restorative practices program;
``(iii) a pending criminal charge involving or relating
to sexual assault, including rape, human trafficking, or
child abuse, including child sexual abuse; or
``(iv) a conviction for child sexual abuse against the
victim or a sibling of the victim if the victim or sibling
of the victim is currently a minor.
``(2) Referral.--With respect to a risk assessment described in
paragraph (1)(A)(iii) for which an eligible entity or a subgrantee
of an eligible entity determines that a victim or a dependent of a
victim are at significant risk of subsequent serious injury, sexual
assault, or death, the eligible entity or subgrantee shall refer
the victim or dependent to other victim services, instead of
restorative practices.
``(f) Nondisclosure of Confidential or Private Information.--For
the purpose of section 40002(b)(2), an individual described in
subsection (a)(3)(C) shall be considered a person receiving services.
``(g) Relation to Criminal Justice Intervention.--Restorative
practices performed with funds awarded under this section are not
intended to function as a replacement for criminal justice intervention
for a specific harm.
``(h) Reports.--
``(1) Report to director.--As a part of the report required to
be submitted under section 40002(b)(6), an eligible entity that
receives a grant under this section shall annually submit to the
Director information relating to the effectiveness of the
restorative practices carried out with amounts from the grant,
including--
``(A) the number of individuals for whom the eligible
entity supported a restorative practice;
``(B) if applicable, the number of individuals who--
``(i) sought restorative practices from the eligible
entity; and
``(ii) the eligible entity could not serve;
``(C) if applicable, the number of individuals--
``(i) who sought restorative practice training;
``(ii) who received restorative practice training;
``(iii) who provided restorative practice training; and
``(iv) to whom the eligible entity could not provide
restorative practice training;
``(D) a victim evaluation component that is documented
through survey or interview, including the satisfaction of
victims of a harm with the restorative practice services;
``(E) if applicable, the number of individuals who
committed a harm and--
``(i) successfully completed and executed a written
course of action plan;
``(ii) failed to successfully complete and execute a
written course of action plan; and
``(iii) were involved in a criminal or civil complaint
involving domestic violence, dating violence, sexual
assault, or stalking against the victims or victims during
the course of the restorative practice process; and
``(F) any other qualitative or quantitative information
determined by the Director.
``(2) Report to congress.--Not later than 2 years after the
date of enactment of this section, and biennially thereafter, the
Director shall submit to Congress a report that summarizes the
reports received by the Director under paragraph (1).
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Director such sums as may be necessary for each of
fiscal years 2023 through 2027 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) is amended by inserting after the item relating to section 41601
the following:
``Subtitle R--Restorative Practices
``Sec. 41801. Pilot program on restorative practices.''.
TITLE II--IMPROVING SERVICES FOR VICTIMS
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12511) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(C)(iii), by inserting ``direct
payments,'' before ``and comprehensive''; and
(B) in paragraph (4), by striking ``0.25 percent'' and
inserting ``0.5 percent'';
(2) in subsection (c)--
(A) in paragraph (4)--
(i) by striking ``(4) Distribution'' and all that
follows through ``The Attorney General'' and inserting the
following:
``(4) Distribution.--The Attorney General''; and
(ii) by striking subparagraph (B);
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following:
``(6) Technical assistance.--The Attorney General shall provide
technical assistance to recipients of grants under this subsection
by entering into a cooperative agreement or contract with a
national, nonprofit, nongovernmental organization or organizations
whose primary focus and expertise is in addressing sexual assault
within culturally specific communities.''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``$40,000,000 to remain
available until expended for each of fiscal years 2014 through
2018'' and inserting ``$100,000,000 to remain available until
expended for each of fiscal years 2023 through 2027''; and
(B) in paragraph (2)(B)--
(i) by striking ``2.5'' and inserting ``8''; and
(ii) by striking the semicolon at the end and inserting
``of which not less than 20 percent shall be available for
technical assistance to recipients and potential recipients
of grants under subsection (c);''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Violence Against Women Act of 1994 (34 U.S.C.
12341) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3)(B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(4) to develop, expand, implement, and improve the quality of
sexual assault forensic medical examination or sexual assault nurse
examiner programs.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(B) in paragraph (5)--
(i) by inserting after ``by the lack of access to'' the
following: ``quality forensic sexual assault examinations
by trained health care providers,''; and
(ii) by striking ``shelters and'' and inserting
``shelters, and''; and
(3) in subsection (e)(1), by striking ``$50,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$100,000,000 for
each of fiscal years 2023 through 2027''.
SEC. 203. GRANTS FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST
INDIVIDUALS WITH DISABILITIES AND DEAF PEOPLE.
Section 1402 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20122) is amended--
(1) in the heading--
(A) by striking ``women'' and inserting ``individuals'';
and
(B) by inserting after ``disabilities'' the following:
``and deaf people'';
(2) in subsection (a)(1)--
(A) by striking ``and sexual assault'' and inserting
``sexual assault, and abuse by caregivers''; and
(B) by inserting after ``with disabilities (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102))'' the following: ``and Deaf people'';
(3) in subsection (b)--
(A) by striking ``disabled individuals'' each place it
appears and inserting ``individuals with disabilities and Deaf
people'';
(B) in paragraph (3), by inserting after ``law
enforcement'' the following: ``and other first responders'';
and
(C) in paragraph (8), by striking ``providing advocacy and
intervention services within'' and inserting ``to enhance the
capacity of'';
(4) in subsection (c)(1)(D), by striking ``disabled
individuals'' and inserting ``individuals with disabilities and
Deaf people''; and
(5) in subsection (e)--
(A) by striking ``$9,000,000'' and inserting
``$15,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2023
through 2027''.
SEC. 204. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
Subtitle H of the Violence Against Women Act of 1994 (34 U.S.C.
12421 et seq.) is amended--
(1) in the subtitle heading, by striking ``Enhanced Training''
and inserting ``Training''; and
(2) in section 40801 (34 U.S.C. 12421)--
(A) in the section heading, by striking ``enhanced
training'' and inserting ``training'';
(B) by striking subsection (a); and
(C) in subsection (b)--
(i) by striking ``(b) Grant Program.--'' and all that
follows through paragraph (1) and inserting the following:
``The Attorney General shall make grants to eligible
entities in accordance with the following:'';
(ii) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(iii) in paragraph (1), as so redesignated--
(I) by striking ``, including domestic violence,
dating violence, sexual assault, stalking,
exploitation, and neglect'' each place it appears;
(II) in subparagraph (A)--
(aa) in clause (i)--
(AA) by striking ``elder abuse'' and
inserting ``abuse in later life''; and
(BB) by striking ``victim advocates, and''
and inserting ``victim advocates, or''; and
(bb) in clause (iv), by striking ``advocates,
victim service providers, and courts to better
serve victims of abuse in later life'' and
inserting ``leaders, victim advocates, victim
service providers, courts, and first responders to
better serve older victims''; and
(III) in subparagraph (B)--
(aa) in clause (i), by striking ``or other
community-based organizations in recognizing and
addressing instances of abuse in later life'' and
inserting ``community-based organizations, or other
professionals who may identify or respond to abuse
in later life''; and
(bb) in clause (ii), by striking ``elder abuse
and'';
(iv) in paragraph (2), as so redesignated--
(I) in subparagraph (A)--
(aa) in clause (iv), by striking ``with
demonstrated experience in assisting individuals
over 50 years of age''; and
(bb) in clause (v), by striking ``with
demonstrated experience in addressing domestic
violence, dating violence, sexual assault, and
stalking''; and
(II) in subparagraph (B)(iv), by striking ``in
later life;'' and inserting ``50 years of age or
over.''; and
(v) in paragraph (4), as so redesignated--
(I) by striking ``$9,000,000'' and inserting
``$10,000,000''; and
(II) by striking ``2014 through 2018'' and
inserting ``2023 through 2027''.
SEC. 205. ABBY HONOLD ACT.
(a) Short Title.--This section may be cited as the ``Abby Honold
Act''.
(b) Amendment.--Title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12291 et seq.) is amended by adding
at the end the following:
``Subtitle Q--Trauma-Informed, Victim-Centered Training for Law
Enforcement
``SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED, VICTIM-CENTERED
TRAINING FOR LAW ENFORCEMENT.
``(a) Definitions.--In this section--
``(1) the term `Attorney General' means the Attorney General,
acting through the Director of the Office on Violence Against
Women;
``(2) the term `covered individual' means an individual who
interfaces with victims of domestic violence, dating violence,
sexual assault, and stalking, including--
``(A) an individual working for or on behalf of an eligible
entity;
``(B) an administrator or personnel of a school,
university, or other educational program or activity (including
a campus police officer or a school resource officer); and
``(C) an emergency services or medical employee;
``(3) the term `demonstration site', with respect to an
eligible entity that receives a grant under this section, means the
area over which the eligible entity has jurisdiction;
``(4) the term `eligible entity' means a State, local,
territorial, or Tribal law enforcement agency; and
``(5) the term `mandatory partner' means a national, regional,
or local victim services organization or agency working in
collaboration with a law enforcement agency described in paragraph
(4).
``(b) Grants Authorized.--
``(1) In general.--The Attorney General shall award grants on a
competitive basis to eligible entities to collaborate with their
mandatory partners to carry out the demonstration program under
this section by implementing evidence-based or promising
investigative policies and practices to incorporate trauma-
informed, victim-centered techniques designed to--
``(A) prevent re-traumatization of the victim;
``(B) ensure that covered individuals use evidence-based
practices to respond to and investigate cases of domestic
violence, dating violence, sexual assault, and stalking;
``(C) improve communication between victims and law
enforcement officers in an effort to increase the likelihood of
the successful investigation and prosecution of the reported
crime in a manner that protects the victim to the greatest
extent possible;
``(D) increase collaboration among stakeholders who are
part of the coordinated community response to domestic
violence, dating violence, sexual assault, and stalking; and
``(E) evaluate the effectiveness of the training process
and content.
``(2) Award basis.--The Attorney General shall award grants
under this section to multiple eligible entities for use in a
variety of settings and communities, including--
``(A) urban, suburban, Tribal, remote, and rural areas;
``(B) college campuses; or
``(C) traditionally underserved communities.
``(c) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant to--
``(1) train covered individuals within the demonstration site
of the eligible entity to use evidence-based, trauma-informed, and
victim-centered techniques and knowledge of crime victims' rights
throughout an investigation into domestic violence, dating
violence, sexual assault, or stalking, including by--
``(A) conducting victim interviews in a manner that--
``(i) elicits valuable information about the domestic
violence, dating violence, sexual assault, or stalking; and
``(ii) avoids re-traumatization of the victim;
``(B) conducting field investigations that mirror best and
promising practices available at the time of the investigation;
``(C) customizing investigative approaches to ensure a
culturally and linguistically appropriate approach to the
community being served;
``(D) becoming proficient in understanding and responding
to complex cases, including cases of domestic violence, dating
violence, sexual assault, or stalking--
``(i) facilitated by alcohol or drugs;
``(ii) involving strangulation;
``(iii) committed by a non-stranger;
``(iv) committed by an individual of the same sex as
the victim;
``(v) involving a victim with a disability;
``(vi) involving a male victim; or
``(vii) involving a lesbian, gay, bisexual, or
transgender (commonly referred to as `LGBT') victim;
``(E) developing collaborative relationships between--
``(i) law enforcement officers and other members of the
response team; and
``(ii) the community being served; and
``(F) developing an understanding of how to define,
identify, and correctly classify a report of domestic violence,
dating violence, sexual assault, or stalking; and
``(2) promote the efforts of the eligible entity to improve the
response of covered individuals to domestic violence, dating
violence, sexual assault, and stalking through various
communication channels, such as the website of the eligible entity,
social media, print materials, and community meetings, in order to
ensure that all covered individuals within the demonstration site
of the eligible entity are aware of those efforts and included in
trainings, to the extent practicable.
``(d) Demonstration Program Trainings on Trauma-Informed, Victim-
Centered Approaches.--
``(1) Identification of existing trainings.--
``(A) In general.--The Attorney General shall identify
trainings for law enforcement officers, in existence as of the
date on which the Attorney General begins to solicit
applications for grants under this section, that--
``(i) employ a trauma-informed, victim-centered
approach to domestic violence, dating violence, sexual
assault, and stalking; and
``(ii) focus on the fundamentals of--
``(I) trauma responses;
``(II) the impact of trauma on victims of domestic
violence, dating violence, sexual assault, and
stalking; and
``(III) techniques for effectively investigating
domestic violence, dating violence, sexual assault, and
stalking.
``(B) Selection.--An eligible entity that receives a grant
under this section shall select one or more of the approaches
employed by a training identified under subparagraph (A) to
test within the demonstration site of the eligible entity.
``(2) Consultation.--In carrying out paragraph (1), the
Attorney General shall consult with the Director of the Office for
Victims of Crime in order to seek input from and cultivate
consensus among outside practitioners and other stakeholders
through facilitated discussions and focus groups on best practices
in the field of trauma-informed, victim-centered care for victims
of domestic violence, dating violence, sexual assault, and
stalking.
``(e) Evaluation.--The Attorney General, in consultation with the
Director of the National Institute of Justice, shall require each
eligible entity that receives a grant under this section to identify a
research partner, preferably a local research partner, to--
``(1) design a system for generating and collecting the
appropriate data to facilitate an independent process or impact
evaluation of the use of the grant funds;
``(2) periodically conduct an evaluation described in paragraph
(1); and
``(3) periodically make publicly available, during the grant
period--
``(A) preliminary results of the evaluations conducted
under paragraph (2); and
``(B) recommendations for improving the use of the grant
funds.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $5,000,000 for each of fiscal
years 2023 through 2027 to carry out this section.
``(g) Rule of Construction.--Nothing in this section shall be
construed to interfere with the due process rights of any
individual.''.
SEC. 206. LGBT SPECIFIC SERVICES PROGRAM.
(a) Establishment.--The Attorney General, acting through the
Director of the Violence Against Women Office (referred to in this
section as the ``Director''), shall make grants to eligible entities to
enhance lesbian, gay, bisexual, and transgender (referred to in this
section as ``LGBT'') specific services for victims of domestic
violence, dating violence, sexual assault and stalking.
(b) Purpose of Program and Grants .--
(1) General program purpose.--The purpose of the program
required by this section is to promote the following:
(A) The maintenance and replication of existing successful
LGBT specific domestic violence, dating violence, sexual
assault, and stalking community-based programs providing
services and resources for LGBT victims of domestic violence,
dating violence, sexual assault, and stalking.
(B) The development of innovative LGBT specific strategies
and projects to enhance access to services and resources for
LGBT victims of domestic violence, dating violence, sexual
assault, and stalking who face obstacles to using more
traditional services and resources.
(2) Purposes for which grants may be used.--The Director shall
make grants to community-based programs for the purpose of
enhancing LGBT specific services for victims of domestic violence,
dating violence, sexual assault, and stalking. Grants under the
program shall support community-based efforts to address
distinctive LGBT specific responses to domestic violence, dating
violence, sexual assault, and stalking, including--
(A) providing or enhancing services for LGBT victims of
domestic violence, dating violence, sexual assault, or
stalking, including services that address the safety, emotional
well-being, economic, housing, legal and workplace needs of
LGBT victims;
(B) supporting programs that specifically address
underserved LGBT communities, including culturally specific
communities, to provide specific resources and support for LGBT
underserved victims of domestic violence, dating violence,
sexual assault, and stalking;
(C) working in cooperation with the community to develop
education and prevention strategies highlighting LGBT specific
issues and resources regarding victims of domestic violence,
dating violence, sexual assault, and stalking;
(D) conducting outreach activities to ensure that LGBT
people who are victims of domestic violence, dating violence,
stalking, or sexual assault receive appropriate assistance;
(E) providing training for victim service providers,
governmental agencies, courts, law enforcement and other first
responders, and nonprofit, nongovernmental organizations
serving the LGBT community about risk reduction, intervention,
prevention, and the nature of domestic violence, dating
violence, stalking, and sexual assault;
(F) developing and implementing LGBT specific programming
that focuses on victim autonomy, agency, and safety in order to
provide resolution and restitution for the victim; and
(G) providing LGBT specific programs for the non-offending
LGBT parents of children exposed to domestic violence, dating
violence, sexual assault, and stalking.
(3) Technical assistance and training.--The Director shall
provide technical assistance and training to grantees of this and
other programs under this Act regarding the development and
provision of effective LGBT specific community-based services by
entering into cooperative agreements or contracts with an
organization or organizations having a demonstrated expertise in
and whose primary purpose is addressing the development and
provision of LGBT specific community-based services to victims of
domestic violence, dating violence, sexual assault, and stalking.
(c) Eligible Entities.--Eligible entities for grants under this
section include--
(1) community-based organizations, the primary purpose of which
is providing LGBT specific services to victims of domestic
violence, dating violence, sexual assault, and stalking; and
(2) community-based organizations, the primary purpose of which
is providing LGBT specific services that can partner with a program
having demonstrated expertise in serving victims of domestic
violence, dating violence, sexual assault, and stalking, and that
agrees to receive technical assistance from a program with LGBT
specific expertise.
(d) Reporting.--The Director shall issue a biennial report on the
distribution of funding under this section, the progress made in
replicating and supporting increased services to LGBT victims of
domestic violence, dating violence, sexual assault, and stalking and
the types of LGBT specific programs, strategies, technical assistance,
and training developed or enhanced through this program.
(e) Evaluation.--The Director shall award a contract or cooperative
agreement to evaluate programs under this section to an entity with the
demonstrated expertise in and primary goal of providing enhanced access
to services and resources for victims of domestic violence, dating
violence, sexual assault, and stalking who face obstacles to using more
traditional services and resources.
(f) Non-Exclusivity.--Nothing in this section shall be construed to
exclude LGBT community-based organizations from applying to other grant
programs authorized under this Act.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $8,000,000 for each of fiscal
years 2023 through 2027, to remain available until expended.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS
SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting before the semicolon at
the end the following ``or utilization of other communication
technologies for purposes related to such a hotline'';
(B) in paragraph (3), by striking ``professionals'' and
inserting ``professionals, including school-based
professionals, to identify and refer students who may have
experienced or are at risk of experiencing sexual violence'';
and
(C) in paragraph (7)--
(i) by striking ``sexual assault'' and inserting
``sexual violence, sexual assault, and sexual harassment'';
and
(ii) by inserting ``and Deaf individuals'' before the
period at the end;
(2) in subsection (b), by striking ``Indian tribal'' and
inserting ``Indian Tribal'';
(3) by redesignating subsection (c) and (d) as subsections (d)
and (e), respectively;
(4) by inserting the following new subsection after subsection
(b):
``(c) Meaningful Involvement of State Sexual Assault Coalitions,
Culturally Specific Organizations, and Underserved Communities.--In
awarding funds to States under this section, the Secretary shall set
forth procedures designed to ensure meaningful involvement of sexual
assault coalitions, culturally specific organizations, and
representatives from underserved communities of the State or territory
in the application for, and implementation of, funding.'';
(5) in subsection (d) (as redesignated by paragraph (3))--
(A) in paragraph (1), by striking ``$50,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$100,000,000
for each of fiscal years 2023 through 2027'';
(B) in paragraph (3), by adding at the end the following:
``Not less than 80 percent of the total amount made available
under this subsection in each fiscal year shall be awarded in
accordance with this paragraph.''; and
(C) by adding at the end the following:
``(4) State, territorial, and tribal sexual assault coalition
allotment.--
``(A) In general.--Of the total amount appropriated under
this subsection for a fiscal year, not less than 15 percent
shall be allocated to State, territorial, and Tribal sexual
assault coalitions for the purposes of coordinating and
providing prevention activities, providing assistance to
prevention programs, and collaborating and coordinating with
applicable Federal, State, Tribal, and local entities engaged
in sexual violence prevention, in accordance with this
paragraph.
``(B) Allocations.--Of the total amount appropriated under
this subsection and allocated to making awards to sexual
assault coalitions, as described in subparagraph (A), for a
fiscal year--
``(i) not less than 10 percent shall be made available
to Tribal sexual assault coalitions; and
``(ii) any remaining amounts shall be made available,
in equal amounts, to each State coalition and each
territorial coalition.
``(C) Clarification.--Receipt of an award under this
subsection by a sexual assault coalition shall not preclude the
coalition from receiving additional grants or administering
funds to carry out the purposes described in subsection (a).'';
and
(6) by adding at the end the following:
``(f) Report.--Not later than 1 year after the date of the
enactment of the Violence Against Women Act Reauthorization Act of
2022, the Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall submit to the Committee on
Appropriations, the Committee on Energy and Commerce, and the Committee
on the Judiciary of the House of Representatives and the Committee on
Appropriations, the Committee on Health, Education, Labor, and
Pensions, and the Committee on the Judiciary of the Senate a report on
the activities funded by grants awarded under this section and best
practices relating to rape prevention and education.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION (CHOOSE) FOR CHILDREN AND YOUTH.
Section 41201 of the Violence Against Women Act of 1994 (34 U.S.C.
12451) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), in the
first sentence, by striking ``target youth who are victims
of domestic violence, dating violence, sexual assault,
stalking, and sex trafficking'' and inserting ``target
youth, including youth in underserved populations, who are
victims of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking'';
(ii) in subparagraph (B), by striking ``or'' at the
end;
(iii) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(iv) by inserting after subparagraph (C) the following:
``(D) clarify State or local mandatory reporting policies
and practices regarding peer-on-peer dating violence, sexual
assault, stalking, and sex trafficking; or
``(E) develop, enlarge, or strengthen culturally specific
victim services and responses related to, and prevention of,
female genital mutilation or cutting.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``stalking, or sex
trafficking'' and inserting ``stalking, sex trafficking, or
female genital mutilation or cutting'';
(ii) in subparagraph (C), by inserting ``confidential''
before ``support services''; and
(iii) in subparagraph (E), by inserting after
``programming for youth'' the following: ``, including
youth in underserved populations,''; and
(C) by adding at the end the following:
``(3) Children exposed to violence and abuse.--To develop,
maintain, or enhance programs designed to prevent future incidents
of domestic violence, dating violence, sexual assault, and stalking
by preventing, reducing and responding to children's exposure to
violence in the home, including by--
``(A) providing services for children exposed to domestic
violence, dating violence, sexual assault or stalking,
including--
``(i) direct counseling or advocacy; and
``(ii) support for the non-abusing parent; and
``(B) training and coordination for educational, after-
school, and childcare programs on how to--
``(i) safely and confidentially identity children and
families experiencing domestic violence, dating violence,
sexual assault, or stalking; and
``(ii) properly refer children exposed and their
families to services and violence prevention programs.
``(4) Teen dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes and
behaviors around the acceptability of domestic violence, dating
violence, sexual assault, and stalking and provide education and
skills training to young individuals and individuals who influence
young individuals, which--
``(A) may include the use evidenced-based, evidence-
informed, or innovative strategies and practices focused on
youth; and
``(B) shall include--
``(i) age and developmentally-appropriate education
on--
``(I) domestic violence;
``(II) dating violence;
``(III) sexual assault;
``(IV) stalking;
``(V) sexual coercion; and
``(VI) healthy relationship skills, in school, in
the community, or in health care settings;
``(ii) community-based collaboration and training for
individuals with influence on youth, such as parents,
teachers, coaches, healthcare providers, faith leaders,
older teens, and mentors;
``(iii) education and outreach to change environmental
factors contributing to domestic violence, dating violence,
sexual assault, and stalking; and
``(iv) policy development targeted to prevention,
including school-based policies and protocols.'';
(2) in subsection (c)--
(A) in paragraph (1)(A)--
(i) by inserting ``organization'' after ``tribal
nonprofit''; and
(ii) by inserting ``Native Hawaiian organization, urban
Indian organization,'' before ``or population-specific
community-based organization''; and
(B) in paragraph (2)(A), by striking ``paragraph (1)'' and
inserting ``subparagraph (A) or (B) of paragraph (1)'';
(3) in subsection (d)(3), by striking the period at the end and
inserting ``, including training on working with youth victims of
domestic violence, dating violence, sexual assault, or sex
trafficking in underserved populations, if such youth are among
those being served.''; and
(4) in subsection (f), by striking ``$15,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$30,000,000 for
each of fiscal years 2023 through 2027''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) In General.--Section 304 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2);
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) To develop, strengthen, and implement campus policies,
protocols, and services that more effectively identify and respond
to the crimes of domestic violence, dating violence, sexual
assault, and stalking, including the use of technology to commit
these crimes, and to train campus administrators, campus security
personnel, and all participants in the resolution process,
including personnel from the Title IX coordinator's office, student
conduct office, and campus disciplinary or judicial boards on such
policies, protocols, and services that promote a prompt, fair, and
impartial investigation.'';
(B) by amending paragraph (3) to read as follows:
``(3) To provide prevention and education programming about
domestic violence, dating violence, sexual assault, and stalking,
including technological abuse and reproductive and sexual coercion,
that is age-appropriate, culturally relevant, ongoing, delivered in
multiple venues on campus, accessible, promotes respectful
nonviolent behavior as a social norm, and engages men and boys.
Such programming should be developed in partnership or
collaboratively with experts in intimate partner and sexual
violence prevention and intervention.'';
(C) in paragraph (9), by striking ``and provide'' and
inserting ``, provide, and disseminate'';
(D) in paragraph (10), by inserting after ``or adapt'' the
following: ``and disseminate''; and
(E) by inserting after paragraph (10) the following:
``(11) To train campus health centers and appropriate campus
faculty, such as academic advisors or professionals who deal with
students on a daily basis, on how to recognize and respond to
domestic violence, dating violence, sexual assault, and stalking,
including training health providers on how to provide universal
education to all members of the campus community on the impacts of
violence on health and unhealthy relationships and how providers
can support ongoing outreach efforts.
``(12) To train campus personnel in how to use a victim-
centered, trauma-informed interview technique, which means asking
questions of a student or a campus employee who is reported to be a
victim of sexual assault, domestic violence, dating violence, or
stalking, in a manner that is focused on the experience of the
reported victim, that does not judge or blame the reported victim
for the alleged crime, and that is informed by evidence-based
research on trauma response. To the extent practicable, campus
personnel shall allow the reported victim to participate in a
recorded interview and to receive a copy of the recorded interview.
``(13) To develop and implement restorative practices (as
defined in section 40002(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a))).'';
(3) in subsection (c)(3), by striking ``2014 through 2018'' and
inserting ``2023 through 2027'';
(4) in subsection (d)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking ``for all incoming
students'' and inserting ``for all students''; and
(ii) by striking subparagraph (D) and inserting the
following:
``(D) The grantee shall train all participants in the
resolution process, including the campus disciplinary board,
the title IX coordinator's office, and the student conduct
office, to respond effectively to situations involving domestic
violence, dating violence, sexual assault, or stalking.''; and
(B) in paragraph (4)(C), by inserting after ``sex,'' the
following: ``sexual orientation, gender identity,''; and
(5) in subsection (e), by striking ``$12,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$15,000,000 for
each of fiscal years 2023 through 2027, of which not less than 10
percent shall be made available for grants to historically Black
colleges and universities''.
(b) Report on Best Practices Regarding Domestic Violence, Dating
Violence, Sexual Assault, and Stalking on Campuses.--Not later than 1
year after the date of enactment of this Act, the Secretary of
Education shall submit to Congress a report, which shall include--
(1) an evaluation of programs, events, and educational
materials related to domestic violence, dating violence, sexual
assault, and stalking; and
(2) an assessment of best practices and guidance from the
evaluation described in paragraph (1), which shall be made publicly
available online to universities and college campuses to use as a
resource.
SEC. 304. STUDY ON STATE COVERAGE OF FORENSIC EXAMINATIONS AND
RELATED COSTS FOLLOWING A SEXUAL ASSAULT.
Not later than 270 days after the date of enactment of this Act,
the Comptroller General of the United States shall issue a report to
Congress on requirements and funding of States for forensic exams
conducted after sexual assaults and any related medical expenses, as
applicable, which shall include, with respect to each State--
(1) the total annual cost of conducting forensic exams
described in section 2010(b) of part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
(2) each funding source used to pay for the forensic exams
described in section 2010(b) of part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
(3) a description of any laws or policies of the State to
ensure that individuals do not receive bills for all or part of the
cost of forensic exams conducted after sexual assaults, consistent
with section 2010(b) of part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b)),
including any oversight to ensure those individuals do not receive
bills;
(4) an identification of any best practices implemented by the
State to ensure that individuals do not receive bills for forensic
exams conducted after sexual assaults;
(5) any requirements under laws of the State relating to
payment for medical expenses and ancillary costs relating to a
sexual assault, which may include treatment of injuries associated
with the assault, imaging (including x-rays, MRIs, and CAT scans),
and other emergency medical care required as a result of the sexual
assault for which a victim receives a forensic exam; and
(6) if a law of the State requires the State to pay for the
medical expenses described in paragraph (5)--
(A) a detailed list of which medical expenses require
coverage;
(B) the total annual cost of medical expenses relating to a
sexual assault for which a victim receives a forensic exam
outside of the cost of the forensic exam; and
(C) each funding source the State uses to pay for medical
expenses relating to a sexual assault for which a victim
receives a forensic exam.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 280b-4) is amended--
(1) in subsection (b), by striking ``violence against women''
and inserting ``violence against adults, youth,''; and
(2) in subsection (c), by striking ``the fiscal years 2014
through 2018'' and inserting ``fiscal years 2023 through 2027''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
(SMART PREVENTION) GRANTS.
Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C.
12463) is amended--
(1) in subsection (a), by striking ``taking a comprehensive
approach that focuses on youth, children exposed to violence, and
men'' and inserting ``focusing on men and youth'';
(2) in subsection (b)--
(A) by striking ``for the following purposes:'' and all
that follows through ``(3) engaging men as leaders and
models.--To develop'' and inserting ``to develop''; and
(B) by inserting ``and youth'' after ``men'' the first 2
times it appears;
(3) in subsection (d)(3)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) include a focus on the unmet needs of underserved
populations.'';
(4) in subsection (f), by striking ``$15,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$20,000,000 for
each of fiscal years 2023 through 2027''; and
(5) by striking subsection (g).
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE
SEC. 501. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Section 399P of the Public Health Service Act (42 U.S.C. 280g-4) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``community health
workers, violence prevention advocates working with health
providers,'' after ``health staff,'';
(B) in paragraph (2), by striking ``for medical'' and all
that follows through ``stalking; and'' and inserting ``for
medical, psychology, dental, social work, nursing, and other
health profession students, interns, residents, fellows, or
current health care providers (including midwives and
doulas);''; and
(C) in paragraph (3)--
(i) by striking ``response'' and inserting
``capacity'';
(ii) by inserting ``prevent and respond to'' after
``(including behavioral and mental health programs) to'';
and
(iii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(4) the development or enhancement and implementation of
training programs to improve the capacity of early childhood
programs to address domestic violence, dating violence, sexual
assault, and stalking among families they serve; and
``(5) the development or enhancement and implementation of
comprehensive statewide strategies for health and violence
prevention programs to work together to promote primary prevention
of domestic violence, dating violence, sexual assault, and
stalking.'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(i)--
(i) by striking ``to identify and provide'' and
inserting ``to provide universal education on healthy
relationships and provide trauma-informed''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (A)(ii)--
(i) by striking ``culturally competent clinical
training components'' and inserting ``training components
that center the experiences of, and are developed in
collaboration with, culturally specific individuals and
American Indians and Alaska Natives, and include community-
defined practices such as the use of doulas, midwives, and
traditional healers,'';
(ii) by inserting ``(including labor and sex
trafficking)'' after ``other forms of violence and abuse'';
and
(iii) by striking ``disparities'' and inserting
``inequities'';
(C) in subparagraph (A), by inserting after clause (ii) the
following:
``(iii) are designed to be inclusive of the experiences
of all individuals, including LGBT individuals, and include
training on improving equity and reducing disparities in
access to health care services and prevention resources;
and
``(iv) include training on the use of a universal
prevention education approach to both prevent and respond
to domestic violence, dating violence, sexual assault, or
stalking in health care settings;'';
(D) in subparagraph (B), in the matter preceding clause
(i), by striking ``response of the health care system'' and
inserting ``capacity of the health care system to prevent and
respond'';
(E) in subparagraph (B)(i)--
(i) by striking ``identifying and responding to''
inserting ``identifying, responding to, and promoting
prevention of'';
(ii) by inserting ``during in-person or virtual
visits'' after ``and stalking''; and
(iii) by inserting ``and to maximize victim choice on
the use and sharing of their health information'' before
the semicolon at the end;
(F) in subparagraph (B)(ii)--
(i) by striking ``on-site access to'' and all that
follows through the semicolon at the end and inserting the
following: ``services to address the safety, medical, and
mental health needs of patients by--
``(I) increasing the capacity of existing health
care professionals (including professionals who
specialize in trauma or in substance use disorders) in
behavioral and mental health care, community health
workers, and public health staff to address domestic
violence, dating violence, sexual assault, stalking,
and children exposed to violence;
``(II) contracting with or hiring advocates for
victims of domestic violence or sexual assault to
provide such services; or
``(III) providing funding to State domestic and
sexual violence coalitions to improve the capacity of
such coalitions to coordinate and support health
advocates and other health system partnerships;'';
(G) in subparagraph (B)(iii)--
(i) by striking ``of identification'' and inserting
``of prevention'';
(ii) by inserting ``during in-person or virtual
visits'' after ``and stalking''; and
(iii) by striking ``and'' at the end;
(H) in subparagraph (B)(iv)--
(i) by inserting ``and promote prevention during in-
person or virtual visits,'' after ``or stalking,''; and
(ii) by striking the period at the end and inserting a
semicolon;
(I) in subparagraph (B), by adding at the end the
following:
``(v) the development, implementation, dissemination,
and evaluation of best practices, tools, and training
materials, including culturally relevant tools, for mental
health, behavioral health, and substance use disorder
professionals to identify and respond to domestic violence,
sexual violence, stalking, and dating violence; and
``(vi) the development and provision of culturally
relevant training and follow-up technical assistance to
health care professionals, and public health staff, and
allied health professionals to identify, assess, treat, and
refer clients who are victims of domestic violence, dating
violence, sexual assault, or stalking from culturally
specific communities and promote prevention, using tools
and training materials, developed by and for culturally
specific communities, with priority given to trainings
provided by culturally specific organizations; and''; and
(J) by inserting after subparagraph (B) the following:
``(C) design and implement comprehensive strategies to
prevent domestic or sexual violence including through the use
of universal education in clinical and public health settings,
hospitals, clinics and other health settings.'';
(3) in subsection (b)(2)(A)--
(A) in the subparagraph heading, by striking ``Child and
elder abuse'' and inserting ``Child abuse and abuse in later
life''; and
(B) by striking ``child or elder abuse'' and inserting
``child abuse or abuse in later life'';
(4) in subsection (b)(2)(C)(i), by striking ``elder abuse'' and
inserting ``abuse in later life'';
(5) in subsection (b)(2)(C)(ii), by inserting ``programs that
promote the prevention of sexual assault as well as'' after
``implementation of'';
(6) in subsection (b)(2)(C)(iii)--
(A) by inserting ``and exposure to violence across
generations'' after ``abuse''; and
(B) by striking ``or'' at the end;
(7) in subsection (b)(2)(C)(iv)--
(A) by inserting ``mental health,'' after ``dental,''; and
(B) by striking ``exams.'' and inserting ``exams and
certifications;'';
(8) in subsection (b)(2)(C), by inserting after clause (iv) the
following:
``(v) providing funding to culturally specific
organizations to improve the capacity of such organizations
to engage and partner with health care providers to support
victims and meet increased referrals from health systems;
``(vi) developing a State-level pilot program to--
``(I) improve the response of substance use
disorder treatment programs, harm reduction programs
for people who use substances, and systems to domestic
violence, dating violence, sexual assault, and
stalking;
``(II) improve the capacity of substance use
disorder treatment programs, harm reduction programs
for people who use substances, and systems to serve
survivors of domestic violence, dating violence, sexual
assault, and stalking dealing with substance use
disorder; and
``(III) improve the capacity of domestic violence,
dating violence, sexual assault, and stalking programs
to serve survivors who have substance use history; or
``(vii) developing and utilizing existing technical
assistance and training resources to improve the capacity
of substance use disorder treatment programs and harm
reduction programs for people who use substances to address
domestic violence, dating violence, sexual assault, and
stalking among patients the programs serve.'';
(9) in subsection (c)(3)(A), by striking ``given to outcome
based evaluations.'' and inserting the following: ``given to--
``(i) outcome based evaluations;
``(ii) culturally specific and population specific
organizations; and
``(iii) programs developing and implementing community-
driven solutions to address domestic violence, dating
violence, sexual assault, or stalking.'';
(10) in subsection (c)(3)(B)(i)(III), by inserting ``,
including a culturally specific organization or community-based
organization working to address the social determinants of
health,'' after ``nonprofit entity'';
(11) in subsection (c)(3)(C)(ii)--
(A) by striking ``strategies for'' and inserting the
following: ``strategies--
``(I) for'';
(B) by inserting ``and generations'' after ``lifespan'';
(C) by striking ``settings;'' and inserting ``settings;
and''; and
(D) by adding at the end the following:
``(II) to address primary prevention of domestic
violence, dating violence, sexual assault, and stalking
over the lifespan and generations, including strategies
that address related social determinants of health,
economic justice, and equity issues, and that are
inclusive of LGBT individuals;'';
(12) in subsection (c)(3)(C)(iii), by striking ``State or
tribal law enforcement task forces (where appropriate)'' and
inserting ``culturally specific organizations'';
(13) in subsection (c)(3)(C)(iv), by inserting ``(including
culturally specific organizations)'' after ``service providers'';
(14) in subsection (d)(2)(A)--
(A) by inserting ``(including mental health or substance
abuse agencies)'' after ``of health'';
(B) by striking ``or mental'' and inserting ``or
behavioral''; and
(C) by inserting ``and substance use disorder prevention
and treatment'' before the semicolon at the end;
(15) in subsection (d)(2)(B)--
(A) by inserting ``behavioral health treatment system,''
after ``hospital,'';
(B) by striking ``or any other community-based'' and
inserting ``a community-based''; and
(C) by inserting ``or substance use disorder prevention and
treatment, or a community-based organization with a history of
partnership with programs in the field of domestic violence,
dating violence, sexual assault, or stalking and health care,
including physical or mental health care or substance use
disorder prevention and treatment'' after ``mental health
care'';
(16) in subsection (g)--
(A) by striking ``$10,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2023
through 2027''; and
(17) in subsection (h)--
(A) by striking ``herein''; and
(B) by striking ``provided for''.
SEC. 502. MATERNAL MORTALITY OR MORBIDITY STUDY.
(a) Study.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention
and in consultation with the Attorney General, the Director of the
Indian Health Service, and other stakeholders (including community
based organizations), shall conduct a study on the leading causes of
pregnancy-associated morbidity and mortality and the extent which
domestic violence, dating violence, sexual assault, or stalking
throughout the United States contribute to the risk of maternal
mortality or morbidity.
(b) Reports.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Health and Human Services, in consultation
with the Attorney General, the Director of the Indian Health Service,
and other stakeholders (including community based organizations), shall
report to Congress on the study conducted under subsection (a), which
shall include the following:
(1) An analysis of the extent to which domestic violence,
dating violence, sexual assault, or stalking contribute to
pregnancy-associated morbidity and mortality.
(2) An analysis of the impact of domestic violence, dating
violence, sexual assault, or stalking on access to health care.
(3) A breakdown of individuals particularly impacted by
domestic violence, dating violence, sexual assault, or stalking, by
race and ethnicity, disability status, and sexual orientation and
gender identity.
(4) An analysis of the impact of domestic violence, dating
violence, sexual assault, or stalking on Tribal communities and
among Indians.
(5) An assessment of the factors that increase risks for infant
and maternal mortality or morbidity among victims of domestic
violence, dating violence, sexual assault, or stalking.
(6) Recommendations for legislative or policy changes to help
reduce infant and maternal mortality rates.
(7) Best practices to reduce pregnancy-related deaths among
survivors of domestic violence, dating violence, sexual assault, or
stalking.
(8) Any other information on maternal mortality or morbidity
the Secretary determines appropriate to include in the report.
SEC. 503. UNDERSTANDING SEXUAL ASSAULT CARE IN HEALTH SYSTEMS.
(a) Purpose.--It is the purpose of this section to identify areas
for improvement in health care delivery systems providing forensic
examinations to survivors of sexual assault.
(b) Grants.--The Secretary of Health and Human Services (referred
to in this section as ``the Secretary'') shall award grants to States
and Indian Tribes to develop and implement State and Tribal surveys to
identify--
(1) the availability of, and patient access to, medical
forensic examinations;
(2) the training level of the health care providers who perform
medical forensic examinations;
(3) the hospitals or clinics that offer medical forensic
examinations and whether each hospital or clinic has full-time,
part-time, or on-call coverage;
(4) barriers to medical forensic examinations provided through
sexual assault care and services;
(5) billing and reimbursement practices for medical forensic
examinations;
(6) State and Tribal requirements, minimum standards, and
protocols for training sexual assault examiners for sexual assault
forensic examiners and for other personnel involved in medical
forensic examinations;
(7) the availability of sexual assault forensic examiner
training, the frequency of such training, the providers of such
training, the State's or Indian Tribe's role in such training, and
the processes or procedures in place for continuing education of
such examiners; and
(8) the dedicated Federal and State funding available to
support sexual assault forensic examiner training.
(c) Eligibility.--To be eligible to receive a grant under this
section, a State or Indian Tribe shall submit to the Secretary an
application through a competitive process to be determined by the
Secretary.
(d) Public Dissemination and Campaign.--
(1) Public availability.--The results of the surveys conducted
under grants awarded under this section shall be published by the
Secretary on the website of the Department of Health and Human
Services on a biennial basis.
(2) Campaigns.--A State or Indian Tribe that receives a grant
under this section shall carry out the following activities:
(A) Make the findings of the survey conducted using amounts
received under the grant public, including a map showing health
care providers who perform medical forensic examinations, based
on the findings from the State and Tribal surveys under
subsection (b)(3).
(B) Use the findings to develop a strategic action plan to
increase the number of trained medical forensic examiners
available in the State or Tribal community and create policies
to increase survivor access to trained examiners.
(C) Use the findings to develop and implement a public
awareness campaign that includes the following:
(i) An online toolkit describing how and where sexual
assault survivors can obtain assistance and care, including
medical forensic examinations, in the State or Tribal
community.
(ii) A model standard response protocol for health care
providers to implement upon arrival of a patient seeking
care for sexual assault.
(iii) A model sexual assault response team protocol
incorporating interdisciplinary community coordination
between hospitals, emergency departments, hospital
administration, local rape crisis programs, law
enforcement, prosecuting attorneys, and other health and
human service agencies and stakeholders with respect to
delivering survivor-centered sexual assault care and
medical forensic examinations.
(iv) A notice of applicable laws prohibiting charging
or billing survivors of sexual assault for care and
services related to sexual assault.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2023 through 2027.
SEC. 504. NATIONAL REPORT ON SEXUAL ASSAULT SERVICES IN OUR
NATION'S HEALTH SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Agency for Healthcare
Research and Quality, in consultation with the Centers for Medicare &
Medicaid Services, the Centers for Disease Control and Prevention, the
Health Resources and Services Administration, the Indian Health
Service, the Office for Victims of Crime of the Department of Justice,
the Office on Women's Health of the Department of Health and Human
Services, and the Office of Violence Against Women of the Department of
Justice (collectively referred to in this section as the ``Agencies''),
shall submit to the Secretary of Health and Human Services (referred to
in this section as ``the Secretary'') a report of existing Federal,
Indian Tribe, and State practices relating to medical forensic
examinations which may include the findings of the surveys developed
under section 503.
(b) Core Competencies.--In conducting activities under this
section, the Agencies shall address sexual assault forensic examination
competencies, including--
(1) providing medical care to sexual assault patients;
(2) demonstrating the ability to conduct a medical forensic
examination, including an evaluation for evidence collection;
(3) showing compassion and sensitivity towards survivors of
sexual assault;
(4) testifying in Federal, State, local, and Tribal courts; and
(5) other competencies, as the Agencies determine appropriate.
(c) Publication.--The Agency for Healthcare Research and Quality
shall establish, maintain, and publish on the website of the Department
of Health and Human Services an online public map of availability of
sexual assault forensic examinations. Such maps shall clarify if there
is full-time, part-time, or on-call coverage.
(d) Report to Congress.--Not later than 60 days after receiving the
report described in subsection (a), the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce and the Committee on Education and
Labor of the House of Representatives recommendations for improving
sexual assault forensic examination competencies based on the report
described in subsection (a).
SEC. 505. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER
WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM.
(a) Purpose.--It is the purpose of this section to establish a
pilot program to develop, test, and implement training and continuing
education that expands and supports the availability of medical
forensic examination services for survivors of sexual assault.
(b) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as ``the Secretary'') shall establish
a National Continuing and Clinical Education Pilot Program for
sexual assault forensic examiners, sexual assault nurse examiners,
and other individuals who perform medical forensic examinations.
(2) Consultation.--In establishing such program, the Secretary
shall consult with the Centers for Medicare & Medicaid Services,
the Centers for Disease Control and Prevention, the Health
Resources and Services Administration, the Indian Health Service,
the Office for Victims of Crime of the Department of Justice, the
Office on Violence Against Women of the Department of Justice, and
the Office on Women's Health of the Department of Health and Human
Services, and shall solicit input from regional, national, and
Tribal organizations with expertise in forensic nursing, rape
trauma or crisis counseling, investigating rape and gender violence
cases, survivors' advocacy and support, sexual assault prevention
education, rural health, and responding to sexual violence in
Tribal communities.
(c) Functions.--The pilot program established under subsection (b)
shall develop, pilot, implement, and update, as appropriate, continuing
and clinical education program modules, webinars, and programs for all
hospitals and providers to increase access to medical forensic
examination services and address ongoing competency issues in medical
forensic examination services, including--
(1) training and continuing education to help support sexual
assault forensic examiners practicing in rural or underserved
areas;
(2) training to help connect sexual assault survivors who are
Indian with sexual assault forensic examiners, including through
emergency first aid, referrals, culturally competent support, and
forensic evidence collection in rural communities;
(3) replication of successful sexual assault forensic
examination programs to help develop and improve the evidence base
for medical forensic examinations; and
(4) training to increase the number of medical professionals
who are considered sexual assault forensic examiners based on the
recommendations of the National Sexual Assault Forensic Examination
Training Standards issued by the Office on Violence Against Women
of the Department of Justice.
(d) Eligibility to Participate in Pilot Programs.--The Secretary
shall ensure that medical forensic examination services provided under
the pilot program established under subsection (b), and other medical
forensic examiner services under the pilot program are provided by
health care providers who are also one of the following:
(1) A physician, including a resident physician.
(2) A nurse practitioner.
(3) A nurse midwife.
(4) A physician assistant.
(5) A certified nurse specialist.
(6) A registered nurse.
(7) A community health practitioner or a community health aide
who has completed level III or level IV certification and training
requirements.
(e) Nature of Training.--The continuing education program
established under this section shall incorporate and reflect current
best practices and standards on medical forensic examination services
consistent with the purpose of this section.
(f) Availability.--After termination of the pilot program
established under subsection (b)(1), the training and continuing
education program established under such program shall be available to
all sexual assault forensic examiners and other providers employed by,
or any individual providing services through, facilities that receive
Federal funding.
(g) Effective Date.--The pilot program established under this
section shall terminate on the date that is 2 years after the date of
such establishment.
(h) Authorization.--There are authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 2023 through
2025.
SEC. 506. EXPANDING ACCESS TO UNIFIED CARE.
(a) Establishment of Program.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'') shall
establish a program (referred to in this section as the ``program'') to
award grants to eligible entities for the clinical training of sexual
assault forensic examiners (including registered nurses, nurse
practitioners, nurse midwives, clinical nurse specialists, physician
assistants, and physicians) to administer medical forensic examinations
and treatments to survivors of sexual assault.
(b) Purpose.--The purpose of the program is to enable each grant
recipient to expand access to medical forensic examination services by
providing new providers with the clinical training necessary to
establish and maintain competency in such services and to test the
provisions of such services at new facilities in expanded health care
settings.
(c) Grants.--Under the program, the Secretary shall award 3-year
grants to eligible entities that meet the requirements established by
the Secretary.
(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
(1) be--
(A) a safety net clinic acting in partnership with a high-
volume emergency services provider or a hospital currently
providing sexual assault medical forensic examinations
performed by sexual assault forensic examiners, that will use
grant funds to--
(i) assign rural health care service providers to the
high-volume hospitals for clinical practicum hours to
qualify such providers as sexual assault forensic
examiners; or
(ii) assign practitioners at high-volume hospitals to
rural health care services providers to instruct, oversee,
and approve clinical practicum hours in the community to be
served;
(B) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
501(a) of such Code, that provides legal training and technical
assistance to Tribal communities and to organizations and
agencies serving Indians; or
(C) an Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)); and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require, including a description of whether the applicant will
provide services described in subparagraph (A) or (B) of paragraph
(1).
(e) Grant Amount.--Each grant awarded under this section shall be
in an amount not to exceed $400,000 per year. A grant recipient may
carry over funds from one fiscal year to the next without obtaining
approval from the Secretary.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years 2023
through 2027.
(2) Set-aside.--Of the amount appropriated under this
subsection for a fiscal year, the Secretary shall reserve 15
percent of such amount for purposes of making grants to entities
that are affiliated with Indian Tribes or Tribal organizations (as
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as
defined in section 4 of the Indian Health Care Improvement Act (25
U.S.C. 1603)). Amounts reserved may be used to support referrals
and the delivery of emergency first aid, culturally competent
support, and forensic evidence collection training.
SEC. 507. EXPANDING ACCESS TO FORENSICS FOR VICTIMS OF
INTERPERSONAL VIOLENCE.
(a) Definitions.--In this section:
(1) Community health aide; community health practitioner.--The
terms ``community health aide'' and ``community health
practitioner'' have the meanings given such terms for purposes of
section 119 of the Indian Health Care Improvement Act (25 U.S.C.
1616l).
(2) Health care provider.--The term ``health care provider''
has the meaning given such term by the Secretary, and includes
registered nurses, nurse practitioners, nurse midwives, clinical
nurse specialists, physician assistants, and physicians.
(3) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' shall have the meanings given
such terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Institution of higher education.--The term ``institution of
higher education'' has the meaning given such term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).
(5) Interpersonal violence.--The term ``interpersonal
violence'' means any form of violence that is emotional and trauma-
inducing for victims, families of victims, perpetrators, and
communities.
(6) Native hawaiian organization.--The term ``Native Hawaiian
organization'' has the meaning given such term in section 12 of the
Native Hawaiian Health Care Improvement Act (42 U.S.C. 11711).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
(8) Trauma-informed care.--The term ``trauma-informed care''
means care received by trauma survivors that is culturally
competent in accordance with professional standards of practice and
accounting for patients' experiences and preferences in order to
eliminate or mitigate triggers that may cause re-traumatization of
the patient.
(9) Urban indian organization.--The term ``Urban Indian
organization'' has the meaning given such term in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603).
(b) Demonstration Grants for Comprehensive Forensic Training.--
(1) Establishment of program.--The Secretary shall establish a
demonstration program to award grants to eligible entities for the
clinical training of health care providers to provide generalist
forensic services and trauma-informed care to survivors of
interpersonal violence of all ages.
(2) Purpose.--The purpose of the demonstration program under
this subsection is to develop training and curriculum to provide
health care providers with the skills to support the provision of
forensic assessment and trauma-informed care to individuals,
families, and communities that have experienced violence or trauma
and to be available to collaborate with members of an inter-
professional forensic team.
(3) Term.--Grants under this subsection shall be for a term of
5 years.
(4) Eligible entities.--To be eligible to receive a grant under
this subsection, an entity shall--
(A) be an institute of higher education, including a
minority serving institution as described in section 371 of the
Higher Education Act of 1965 (20 U.S.C. 1067q); and
(B) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(5) Grant amount.--Each grant awarded under this subsection
shall be in an amount that does not exceed $400,000 per year. A
grant recipient may carry over funds from one fiscal year to the
next without obtaining approval from the Secretary.
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $5,000,000 for each of fiscal years
2023 through 2027.
(B) Set-aside.--Of the amount appropriated under this
paragraph for a fiscal year, the Secretary shall reserve 10
percent for purposes of making grants to support training and
curricula that addresses the unique needs of Indian Tribes,
Tribal organizations, Urban Indian organizations, and Native
Hawaiian organizations. Amounts so reserved may be used to
support training, referrals, and the delivery of emergency
first aid, culturally competent support, and forensic evidence
collection training.
(c) Technical Assistance Grants and Learning Collectives.--
(1) In general.--The Secretary shall establish a State and
Tribal forensic provider technical resource center to provide
technical assistance and support collaboration and best practices
for health care providers, community health aides, and community
health practitioners to improve the quality of, and increase access
to, forensic services for all survivors of interpersonal violence.
The Secretary may enter into contracts with national experts for
purposes of carrying out this subsection.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection, $2,000,000 for each of
fiscal years 2023 through 2027.
(d) National Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Office for Victims
of Crime of the Department of Justice, the Centers for Disease Control
and Prevention, the Health Resources and Services Administration, the
Indian Health Service, the Office on Women's Health of the Department
of Health and Human Services, and the Office on Violence Against Women
of the Department of Justice shall jointly submit to the Secretary a
report on the need for, throughout the States, Indian Tribes, and
territories--
(1) access to generalist medical forensic services, evidence
collection, and documentation that aids in meeting the needs of
health care patients and improves future law enforcement
investigation and prosecution; and
(2) data for research to support the response to and prevention
of interpersonal violence, improved ability of health care
providers to adequately respond to patients who exhibit signs of
victimization, and address the unique needs of Tribal communities.
TITLE VI--SAFE HOMES FOR VICTIMS
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Section 41411(a) of the Violence Against Women Act of 1994 (34
U.S.C. 12491(a)) is amended--
(1) in paragraph (1)(A), by striking ``brother, sister,'' and
inserting ``sibling,''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting before the semicolon
at the end the following: ``, including the direct loan program
under such section'';
(B) in subparagraph (D), by striking ``the program under
subtitle A of'' and inserting ``the programs under'';
(C) in subparagraph (I)--
(i) by striking ``sections 514, 515, 516, 533, and 538
of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486,
1490m, and 1490p-2)'' and inserting ``sections 514, 515,
516, 533, 538, and 542 of the Housing Act of 1949 (42
U.S.C. 1484, 1485, 1486, 1490m, 1490p-2, 1490r)''; and
(ii) by striking ``and'' at the end;
(D) in subparagraph (J), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following:
``(K) the provision of assistance from the Housing Trust
Fund established under section 1338 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4501);
``(L) the provision of assistance for housing under the
Comprehensive Service Programs for Homeless Veterans program
under subchapter II of chapter 20 of title 38, United States
Code;
``(M) the provision of assistance for housing and
facilities under the grant program for homeless veterans with
special needs under section 2061 of title 38, United States
Code;
``(N) the provision of assistance for permanent housing
under the program for financial assistance for supportive
services for very low-income veteran families in permanent
housing under section 2044 of title 38, United States Code;
``(O) the provision of transitional housing assistance for
victims of domestic violence, dating violence, sexual assault,
or stalking under the grant program under chapter 11 of
subtitle B; and
``(P) any other Federal housing programs providing
affordable housing to low- and moderate-income persons by means
of restricted rents or rental assistance, or more generally
providing affordable housing opportunities, as identified by
the appropriate agency through regulations, notices, or any
other means.''.
SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING
RETALIATION AGAINST VICTIMS.
Chapter 2 of subtitle N of title IV of the Violence Against Women
Act of 1994 (34 U.S.C. 12491 et seq.) is amended by inserting after
section 41411 the following:
``SEC. 41412. COMPLIANCE REVIEWS.
``(a) Regular Compliance Reviews.--
``(1) In general.--Each appropriate agency shall establish a
process by which to review compliance with the requirements of this
subtitle, which shall--
``(A) where possible, be incorporated into other existing
compliance review processes of the appropriate agency, in
consultation with the Gender-based Violence Prevention Office
and Violence Against Women Act Director described in section
41413 and any other relevant officials of the appropriate
agency; and
``(B) examine--
``(i) compliance with requirements prohibiting the
denial of assistance, tenancy, or occupancy rights on the
basis of domestic violence, dating violence, sexual
assault, or stalking;
``(ii) compliance with confidentiality provisions set
forth in section 41411(c)(4);
``(iii) compliance with the notification requirements
set forth in section 41411(d)(2);
``(iv) compliance with the provisions for accepting
documentation set forth in section 41411(c);
``(v) compliance with emergency transfer requirements
set forth in section 41411(e); and
``(vi) compliance with the prohibition on retaliation
set forth in section 41414.
``(2) Frequency.--Each appropriate agency shall conduct the
review described in paragraph (1) on a regular basis, as determined
by the appropriate agency.
``(b) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Violence Against Women Act Reauthorization Act of
2022, each appropriate agency shall issue regulations in accordance
with section 553 of title 5, United States Code, to implement
subsection (a) of this section, which shall--
``(A) define standards of compliance under covered housing
programs;
``(B) include detailed reporting requirements, including
the number of emergency transfers requested and granted, as
well as the length of time needed to process emergency
transfers; and
``(C) include standards for corrective action plans where
compliance standards have not been met.
``(2) Consultation.--In developing the regulations under
paragraph (1), an appropriate agency shall engage in additional
consultation with appropriate stakeholders including, as
appropriate--
``(A) individuals and organizations with expertise in the
housing needs and experiences of victims of domestic violence,
dating violence, sexual assault and stalking; and
``(B) individuals and organizations with expertise in the
administration or management of covered housing programs,
including industry stakeholders and public housing agencies.
``(c) Public Disclosure.--Each appropriate agency shall ensure that
an agency-level assessment of the information collected during the
compliance review process completed pursuant to this subsection--
``(1) includes an evaluation of each topic identified in
subsection (a); and
``(2) is made publicly available.
``SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GENDER-BASED
VIOLENCE PREVENTION OFFICE AND VIOLENCE AGAINST WOMEN ACT DIRECTOR.
``(a) Establishment.--The Secretary of Housing and Urban
Development shall establish a Gender-based Violence Prevention Office
with a Violence Against Women Act Director (in this section referred to
as the `Director').
``(b) Duties.--The Director shall, among other duties--
``(1) support implementation of this chapter;
``(2) coordinate with Federal agencies on legislation,
implementation, and other issues affecting the housing provisions
under this subtitle, as well as other issues related to advancing
housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking;
``(3) coordinate with State and local governments and agencies,
including State housing finance agencies, regarding advancing
housing protections and access to housing for victims of domestic
violence, dating violence, sexual assault, and stalking;
``(4) ensure that technical assistance and support are provided
to each appropriate agency and housing providers regarding
implementation of this subtitle, as well as other issues related to
advancing housing protections for victims of domestic violence,
dating violence, sexual assault, and stalking, including compliance
with this subtitle;
``(5) implement internal systems to track, monitor, and address
compliance failures; and
``(6) address the housing needs and barriers faced by victims
of sexual assault, as well as sexual coercion and sexual harassment
by a public housing agency or owner or manager of housing assisted
under a covered housing program.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2023 through 2027.
``SEC. 41414. PROHIBITION ON RETALIATION.
``(a) Non-retaliation Requirement.--No public housing agency or
owner or manager of housing assisted under a covered housing program
shall discriminate against any person because that person has opposed
any act or practice made unlawful by this subtitle, or because that
person testified, assisted, or participated in any matter related to
this chapter.
``(b) Prohibition on Coercion.--No public housing agency or owner
or manager of housing assisted under a covered housing program shall
coerce, intimidate, threaten, or interfere with, or retaliate against,
any person in the exercise or enjoyment of, on account of the person
having exercised or enjoyed, or on account of the person having aided
or encouraged any other person in the exercise or enjoyment of, any
rights or protections under this chapter, including--
``(1) intimidating or threatening any person because that
person is assisting or encouraging a person entitled to claim the
rights or protections under this chapter; and
``(2) retaliating against any person because that person has
participated in any investigation or action to enforce this
chapter.
``(c) Implementation.--The Secretary of Housing and Urban
Development and the Attorney General shall implement and enforce this
chapter consistent with, and in a manner that provides, the rights and
remedies provided for in title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.).''.
SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME FROM ONE'S HOME.
Chapter 2 of subtitle N of title IV of the Violence Against Women
Act of 1994 (34 U.S.C. 12491 et seq.), as amended by this Act, is
further amended by inserting after section 41414 the following:
``SEC. 41415. RIGHT TO REPORT CRIME AND EMERGENCIES FROM ONE'S HOME.
``(a) Definition.--In this section, the term `covered governmental
entity' means any municipal, county, or State government that receives
funding under section 106 of the Housing and Community Development Act
of 1974 (42 U.S.C. 5306).
``(b) Right to Report.--
``(1) In general.--Landlords, homeowners, tenants, residents,
occupants, and guests of, and applicants for, housing--
``(A) shall have the right to seek law enforcement or
emergency assistance on their own behalf or on behalf of
another person in need of assistance; and
``(B) shall not be penalized based on their requests for
assistance or based on criminal activity of which they are a
victim or otherwise not at fault under statutes, ordinances,
regulations, or policies adopted or enforced by covered
governmental entities.
``(2) Prohibited penalties.--Penalties that are prohibited
under paragraph (1) include--
``(A) actual or threatened assessment of monetary or
criminal penalties, fines, or fees;
``(B) actual or threatened eviction;
``(C) actual or threatened refusal to rent or renew
tenancy;
``(D) actual or threatened refusal to issue an occupancy
permit or landlord permit; and
``(E) actual or threatened closure of the property, or
designation of the property as a nuisance or a similarly
negative designation.
``(c) Reporting.--Consistent with the process described in section
104(b) of the Housing and Community Development Act of 1974 (42 U.S.C.
5304(b)), covered governmental entities shall--
``(1) report any of their laws or policies, or, as applicable,
the laws or policies adopted by subgrantees, that impose penalties
on landlords, homeowners, tenants, residents, occupants, guests, or
housing applicants based on requests for law enforcement or
emergency assistance or based on criminal activity that occurred at
a property; and
``(2) certify that they are in compliance with the protections
under this subtitle or describe the steps the covered governmental
entities will take within 180 days to come into compliance, or to
ensure compliance among subgrantees.
``(d) Implementation.--The Secretary of Housing and Urban
Development and the Attorney General shall implement and enforce this
chapter consistent with, and in a manner that provides, the same rights
and remedies as those provided for in title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.).
``(e) Subgrantees.--For those covered governmental entities that
distribute funds to subgrantees, compliance with subsection (c)(1)
includes inquiring about the existence of laws and policies adopted by
subgrantees that impose penalties on landlords, homeowners, tenants,
residents, occupants, guests, or housing applicants based on requests
for law enforcement or emergency assistance or based on criminal
activity that occurred at a property.''.
SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C.
12351) is amended--
(1) in subsection (a), in the matter preceding paragraph (1)--
(A) by striking ``the Director of the Violence Against
Women Office'' and inserting ``the Director of the Office on
Violence Against Women''; and
(B) by inserting after ``, other nonprofit, nongovernmental
organizations'' the following: ``, population-specific
organizations''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``2014 through 2018'' and
inserting ``2023 through 2027'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) in paragraph (2)(B), as so redesignated, by striking
``0.25 percent'' and inserting ``0.5 percent''.
SEC. 605. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) McKinney-Vento Homeless Assistance Grants.--The McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended--
(1) in section 103 (42 U.S.C. 11302), by amending subsection
(b) to read as follows:
``(b) Domestic Violence, Dating Violence, Sexual Assault, Stalking,
and Other Dangerous, Traumatic, or Life-threatening Conditions Relating
to Such Violence.--Notwithstanding any other provision of this section,
the Secretary shall consider to be homeless any individual or family
who--
``(1) is experiencing trauma or a lack of safety related to, or
fleeing or attempting to flee, domestic violence, dating violence,
sexual assault, stalking, or other dangerous, traumatic, or life-
threatening conditions related to the violence against the
individual or a family member in the individual's or family's
current housing situation, including where the health and safety of
children are jeopardized;
``(2) has no other safe residence; and
``(3) lacks the resources to obtain other safe permanent
housing.''; and
(2) in section 423(a) (42 U.S.C. 11383(a)), by adding at the
end the following:
``(13) Facilitating and coordinating activities to ensure
compliance with subsection (e) of section 41411 of the Violence
Against Women Act of 1994 (34 U.S.C. 12491) and monitoring
compliance with the confidentiality protections of subsection
(c)(4) of such section.''.
(b) Collaborative Grants To Increase the Long-term Stability of
Victims.--Section 41404(i) of the Violence Against Women Act of 1994
(34 U.S.C. 12474(i)) is amended by striking ``2014 through 2018'' and
inserting ``2023 through 2027''.
(c) Grants To Combat Violence Against Women in Public and Assisted
Housing.--Section 41405 of the Violence Against Women Act of 1994 (34
U.S.C. 12475) is amended--
(1) in subsection (b)(1), by striking ``the Director of the
Violence Against Women Office'' and inserting ``the Director of the
Office on Violence Against Women'';
(2) in subsection (c)(2)(D), by inserting after
``linguistically and culturally specific service providers,'' the
following: ``population-specific organizations,''; and
(3) in subsection (g), by striking ``2014 through 2018'' and
inserting ``2023 through 2027''.
(d) VAWA Training and Technical Assistance Grants.--Chapter 2 of
subtitle N of title IV of the Violence Against Women Act of 1994 (34
U.S.C. 12491 et seq.), as amended by this Act, is further amended by
inserting after section 41415 the following:
``SEC. 41416. TRAINING AND TECHNICAL ASSISTANCE GRANTS.
``There is authorized to be appropriated to the Secretary of
Housing and Urban Development such sums as may be necessary for fiscal
years 2023 through 2027 to be used for training and technical
assistance to support the implementation of this chapter, including
technical assistance agreements with entities whose primary purpose and
expertise is assisting survivors of sexual assault and domestic
violence or providing culturally specific services to victims of
domestic violence, dating violence, sexual assault, and stalking.''.
SEC. 606. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF
SURVIVORS OF TRAFFICKING AND INDIVIDUALS AT RISK FOR TRAFFICKING.
(a) Definitions.--In this section:
(1) Survivor of a severe form of trafficking.--The term
``survivor of a severe form of trafficking'' has the meaning given
the term ``victim of a severe form of trafficking'' in section 103
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(2) Survivor of trafficking.--The term ``survivor of
trafficking'' has the meaning given the term ``victim of
trafficking'' in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(b) Study.--
(1) In general.--The Secretary of Housing and Urban Development
shall conduct a study assessing the availability and accessibility
of housing and services for individuals experiencing homelessness
or housing instability who are--
(A) survivors of trafficking, including survivors of a
severe form of trafficking; or
(B) at risk of being trafficked.
(2) Coordination and consultation.--In conducting the study
required under paragraph (1), the Secretary shall--
(A) coordinate with--
(i) the Interagency Task Force to Monitor and Combat
Trafficking established under section 105 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103);
(ii) the United States Advisory Council on Human
Trafficking;
(iii) the Secretary of Health and Human Services; and
(iv) the Attorney General; and
(B) consult with--
(i) the National Advisory Committee on the Sex
Trafficking of Children and Youth in the United States;
(ii) survivors of trafficking;
(iii) direct service providers, including--
(I) organizations serving runaway and homeless
youth;
(II) organizations serving survivors of trafficking
through community-based programs; and
(III) organizations providing housing services to
survivors of trafficking; and
(iv) housing and homelessness assistance providers,
including recipients of grants under--
(I) the Continuum of Care program authorized under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.); and
(II) the Emergency Solutions Grants program
authorized under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371
et seq.).
(3) Contents.--The study conducted pursuant to paragraph (1)
shall include--
(A) with respect to the individuals described in such
paragraph--
(i) an evaluation of formal assessments and outreach
methods used to identify and assess the housing and service
needs of such individuals, including outreach methods--
(I) to ensure effective communication with
individuals with disabilities; and
(II) to reach individuals with limited English
proficiency;
(ii) a review of the availability and accessibility of
homelessness or housing services for such individuals,
including the family members of such individuals who are
minors involved in foster care systems, that identifies the
disability-related needs of such individuals, including the
need for housing with accessibility features;
(iii) an analysis of the effect of any policies and
procedures of mainstream homelessness or housing services
that facilitate or limit the availability of such services
and accessibility for such individuals, including those
such individuals who are involved in the legal system, as
such services are in effect as of the date on which the
study is conducted;
(iv) a determination of the best practices in meeting
the housing and service needs of such individuals; and
(v) an assessment of barriers to fair housing and
housing discrimination against survivors of trafficking who
are members of a protected class under the Fair Housing Act
(42 U.S.C. 3601 et seq.);
(B) an assessment of the ability of mainstream homelessness
or housing services to meet the specialized needs of survivors
of trafficking, including trauma responsive approaches specific
to labor and sex trafficking survivors; and
(C) an evaluation of the effectiveness of, and
infrastructure considerations for, housing and service-delivery
models that are specific to survivors of trafficking, including
survivors of severe forms of trafficking, including emergency
rental assistance models.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall--
(1) submit a report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services
of the House of Representatives that contains the information
described in subparagraphs (A) through (C) of subsection (b)(3);
and
(2) make the report submitted pursuant to paragraph (1)
available to the public.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS
SEC. 701. FINDINGS.
Congress finds the following:
(1) Over 1 in 3 women experience sexual violence, and 1 in 5
women have survived completed or attempted rape. Such violence has
a devastating impact on women's physical and emotional health,
financial security, and ability to maintain their jobs, and thus
impacts interstate commerce and economic security.
(2) Homicide is one of the leading causes of death for women on
the job. Domestic partners or relatives commit 43 percent of
workplace homicides against women. One study found that intimate
partner violence resulted in 142 homicides among women at work in
the United States from 2003 to 2008, a figure which represents 22
percent of the 648 workplace homicides among women during the
period. In fact, in 2010, homicides against women at work increased
by 13 percent despite continuous declines in overall workplace
homicides in recent years.
(3) Violence can have a dramatic impact on the survivor of such
violence. Studies indicate that 44 percent of surveyed employed
adults experienced the effect of domestic violence in the
workplace, and 64 percent indicated their workplace performance was
affected by such violence. Another recent survey found that 78
percent of offenders used workplace resources to express anger,
check up on, pressure, or threaten a survivor. Sexual assault,
whether occurring in or out of the workplace, can impair an
employee's work performance, require time away from work, and
undermine the employee's ability to maintain a job. Nearly 50
percent of sexual assault survivors lose their jobs or are forced
to quit in the aftermath of the assaults.
(4) Studies find that 60 percent of single women lack economic
security and 81 percent of households with single mothers live in
economic insecurity. Significant barriers that survivors confront
include access to housing, transportation, and child care. Ninety-
two percent of homeless women have experienced domestic violence,
and more than 50 percent of such women cite domestic violence as
the direct cause for homelessness. Survivors are deprived of their
autonomy, liberty, and security, and face tremendous threats to
their health and safety.
(5) The Centers for Disease Control and Prevention report that
survivors of severe intimate partner violence lose nearly 8,000,000
days of paid work, which is the equivalent of more than 32,000
full-time jobs and almost 5,600,000 days of household productivity
each year. Therefore, women disproportionately need time off to
care for their health or to find safety solutions, such as
obtaining a restraining order or finding housing, to avoid or
prevent further violence.
(6) Annual costs of intimate partner violence are estimated to
be more than $8,300,000,000. According to the Centers for Disease
Control and Prevention, the costs of intimate partner violence
against women in 1995 exceeded an estimated $5,800,000,000. These
costs included nearly $4,100,000,000 in the direct costs of medical
and mental health care and nearly $1,800,000,000 in the indirect
costs of lost productivity. These statistics are generally
considered to be underestimated because the costs associated with
the criminal justice system are not included.
(7) Fifty-five percent of senior executives recently surveyed
said domestic violence has a harmful effect on their company's
productivity, and more than 70 percent said domestic violence
negatively affects attendance. Seventy-eight percent of human
resources professionals consider partner violence a workplace
issue. However, more than 70 percent of United States workplaces
have no formal program or policy that addresses workplace violence,
let alone domestic violence. In fact, only 4 percent of employers
provided training on domestic violence.
(8) Harassment is a persistent and significant problem in the
workplace in the United States, and the Equal Employment
Opportunity Commission found that not less than 25 percent, and as
many as 85 percent, of women surveyed report having experienced
sexual harassment at work.
(9) For decades, survivors of sexual violence have come forward
to seek justice and demand their right to be free from violence,
harassment, and other forms of discrimination. These calls for
change reached a tipping point after October 2017 as a result of
Tarana Burke's work and #MeToo going viral. Thousands of courageous
individuals, from Hollywood to the halls of Congress and the
military, to restaurants, agricultural fields, and factory floors,
shined a light on the pervasive and insidious nature of workplace
harassment and sexual assault.
(10) Working people can be subjected to multiple forms of
harassment in the workplace at the same time.
(11) According to the Equal Employment Opportunity Commission,
approximately 3 out of 4 individuals who experience harassment
never talked to a supervisor, manager, or union representative
about the harassing conduct.
(12) The impact of domestic violence, dating violence, sexual
assault, and stalking on the workplace is a part of the challenge
of workplace harassment.
(13) Studies indicate that one of the best predictors of
whether a survivor will be able to stay away from his or her abuser
is the degree of his or her economic independence. However,
domestic violence, dating violence, sexual assault, and stalking
often negatively impact a survivor's ability to maintain
employment.
(14) Abusers frequently seek to exert financial control over
their partners by actively interfering with their ability to work,
including preventing their partners from going to work, harassing
their partners at work, limiting their partners' access to cash or
transportation, and sabotaging their partners' child care
arrangements.
(15) Economic abuse refers to behaviors that control an
intimate partner's ability to acquire, use, and maintain access to
money, credit, ownership of assets, or governmental or private
financial benefits, including defaulting on joint obligations (such
as school loans, credit card debt, mortgages, or rent). Other forms
of such abuse may include preventing someone from attending school,
threatening to or actually terminating employment, controlling or
withholding access to cash, checking, or credit accounts, and
attempting to damage or sabotage the creditworthiness of an
intimate partner, including forcing an intimate partner to write
bad checks, forcing an intimate partner to default on payments
related to household needs, such as housing, or forcing an intimate
partner into bankruptcy.
(16) This title aims to empower survivors of domestic violence,
dating violence, sexual assault, or stalking to be free from
violence, hardship, and control, which restrains basic human rights
to freedom and safety in the United States.
SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501 of the Violence Against Women Act of 1994 (34 U.S.C.
12501) is amended--
(1) in subsection (a)--
(A) by inserting ``and sexual harassment'' after ``domestic
and sexual violence''; and
(B) by striking ``employers and labor organizations'' and
inserting ``employers, labor organizations, and victim service
providers''; and
(2) in subsection (b)(3), by striking ``and stalking'' and
inserting ``stalking, and sexual harassment'';
(3) in subsection (c)(1), by inserting ``or sexual harassment''
before the period at the end;
(4) in subsection (c)(2)(A), by inserting ``or sexual
harassment'' after ``sexual violence'';
(5) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively;
(6) by inserting after subsection (d) the following:
``(e) Pathways to Opportunity Pilot Project.--An eligible nonprofit
nongovernmental entity or tribal organization that receives a grant
under this section may develop a plan to enhance the capacity of
survivors to obtain and maintain employment, including through the
implementation of a demonstration pilot program to be known as
`Pathways to Opportunity', which shall--
``(1) build collaborations between and among victim service
providers, workforce development programs, and educational and
vocational institutions to provide trauma informed programming to
support survivors seeking employment; and
``(2) be centered around culturally specific organizations or
organizations that primarily serve populations traditionally
marginalized in the workplace.'';
(7) in subsection (f), as so redesignated, by striking
``$1,000,000 for each of fiscal years 2014 through 2018'' and
inserting ``$2,000,000 for each of fiscal years 2023 through
2027''.
SEC. 703. PROVISIONS RELATED TO THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM.
(a) TANF Personnel Training.--
(1) In general.--Section 402(a) of the Social Security Act (42
U.S.C. 602(a)) is amended by adding at the end the following new
paragraph:
``(8) Certification that the state will provide information to
victims of sexual harassment or survivors of domestic violence,
sexual assault, or stalking.--
``(A) In general.--A certification by the chief executive
officer of the State that the State has established and is
enforcing standards and procedures to--
``(i) ensure that applicants and potential applicants
for assistance under the State program funded under this
part are notified of assistance made available by the State
to victims of sexual harassment and survivors of domestic
violence, sexual assault, or stalking;
``(ii) ensure that case workers and other agency
personnel responsible for administering the State program
funded under this part are trained in--
``(I) the nature and dynamics of sexual harassment
and domestic violence, sexual assault, and stalking;
``(II) State standards and procedures relating to
the prevention of, and assistance for, individuals who
are victims of sexual harassment or survivors of
domestic violence, sexual assault, or stalking; and
``(III) methods of ascertaining and ensuring the
confidentiality of personal information and
documentation related to applicants for assistance and
their children who have provided notice about their
experiences of sexual harassment, domestic violence,
sexual assault, or stalking; and
``(iii) ensure that, if a State has elected to
establish and enforce standards and procedures regarding
the screening for, and identification of, domestic
violence, sexual assault, or stalking pursuant to paragraph
(7)--
``(I) the State program funded under this part
provides information about the options under this part
to current and potential beneficiaries; and
``(II) case workers and other agency personnel
responsible for administering the State program funded
under this part are provided with training regarding
State standards and procedures pursuant to paragraph
(7).
``(B) Definitions.--For purposes of this paragraph--
``(i) the term `sexual harassment' means hostile,
intimidating, or oppressive behavior based on sex that
creates an offensive work environment;
``(ii) the term `domestic violence' has the meaning
given such term in paragraph (7); and
``(iii) the terms `sexual assault' and `stalking' have
the meanings given such terms in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291).''.
(2) Implementation.--Not later than 1 year after the date of
enactment of this Act, each State shall submit the certification
required under paragraph (8) of subsection (a) of section 402 of
the Social Security Act (42 U.S.C. 602), as added by paragraph (1),
in the form of an amendment to the State's plan submitted under
such section. A State shall not be regarded as failing to comply
with the requirement of such paragraph (8) before the date that is
1 year after the date of enactment of this Act.
(b) National Grant Program for Developing a Model Training Program
for TANF Personnel Training.--
(1) Grants authorized.--
(A) Model training program.--The Secretary of Health and
Human Services (in this subsection referred to as the
``Secretary'') shall--
(i) develop and disseminate a model training program
(and related materials) for the training required under
section 402(a)(8) of the Social Security Act, and if the
State so elects, section 402(a)(7) of such Act; and
(ii) provide technical assistance with respect to such
model training program to eligible States (as defined in
section 402 of the Social Security Act).
(B) Grants.--In developing the model training program under
subparagraph (A)(i), the Secretary may award grants and
contracts and may develop such program in cooperation with an
eligible partner.
(2) Eligible partner defined.--For purposes of paragraph (1),
the term ``eligible partner'' means an entity that is--
(A) a State or tribal domestic violence coalition or sexual
assault coalition; or
(B) a State or local victim service provider with
recognized expertise in the dynamics of domestic violence,
sexual assault, or stalking whose primary mission is to provide
services to survivors of domestic violence, sexual assault, or
stalking, including a rape crisis center or domestic violence
program.
(3) Report.--
(A) Report to congress.--Not later than 5 years after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on the program established under this subsection.
(B) Report available to public.--The Secretary shall
establish procedures for the dissemination to the public of the
report submitted under subparagraph (A) not later than 10 days
after the submission of such report to Congress under such
subparagraph. Such procedures shall include the use of the
internet to disseminate such report.
(4) Authorization of appropriations.--There are authorized to
be appropriated $3,000,000 to carry out this section for each of
fiscal years 2023 through 2027.
SEC. 704. STUDY AND REPORTS ON BARRIERS TO SURVIVORS' ECONOMIC
SECURITY ACCESS.
(a) Study.--The Secretary of Health and Human Services, in
consultation with the Secretary of Labor, shall conduct a study on the
barriers that survivors of domestic violence, dating violence, sexual
assault, or stalking throughout the United States experience in
maintaining economic security, including the impact of the COVID-19
pandemic on such victims' ability to maintain economic security, as a
result of issues related to domestic violence, dating violence, sexual
assault, or stalking.
(b) Reports.--Not later than 1 year after the date of enactment of
this Act, and every 5 years thereafter, the Secretary of Health and
Human Services, in consultation with the Secretary of Labor, shall
submit a report to Congress on the study conducted under subsection
(a).
(c) Contents.--The study and reports under this section shall
include--
(1) identification of geographic areas in which State laws,
regulations, and practices have a strong impact on the ability of
survivors of domestic violence, dating violence, sexual assault, or
stalking to exercise--
(A) any rights under this title (including any amendments
made by this title) without compromising personal safety or the
safety of others, including family members and excluding the
abuser; and
(B) other components of economic security, including
financial empowerment, affordable housing, transportation,
health care access, credit history, and quality education and
training opportunities;
(2) identification of geographic areas with shortages in
resources for such survivors, with an accompanying analysis of the
extent and impact of such shortage;
(3) analysis of the unique barriers faced by such survivors
living in rural communities;
(4) analysis of factors related to industries, workplace
settings, employer practices, trends, and other elements that
impact the ability of such survivors to exercise any rights under
this Act (including any amendments made by this Act) without
compromising personal safety or the safety of others, including
family members;
(5) the recommendations of the Secretary of Health and Human
Services and the Secretary of Labor with respect to resources,
oversight, and enforcement tools to ensure successful
implementation of the provisions of this Act in order to support
the economic security and safety of survivors of domestic violence,
dating violence, sexual assault, or stalking;
(6) best practices for States, employers, health carriers,
insurers, and other private entities in addressing issues related
to domestic violence, dating violence, sexual assault, or stalking;
and
(7) barriers that impede victims' ability to pursue legal
action, including legal costs and filing fees, and complexities of
the jurisdiction of law enforcement agencies.
SEC. 705. GAO STUDY.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate a
report that examines, with respect to survivors of domestic violence,
dating violence, sexual assault, or stalking who are, or were, enrolled
at institutions of higher education and borrowed a loan made, insured,
or guaranteed under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for which the survivors have not repaid the total
interest and principal due, each of the following:
(1) The implications of domestic violence, dating violence,
sexual assault, or stalking on a borrower's ability to repay their
Federal student loans.
(2) The adequacy of policies and procedures regarding Federal
student loan deferment, forbearance, and grace periods when a
survivor has to suspend or terminate the survivor's enrollment at
an institution of higher education due to domestic violence, dating
violence, sexual assault, or stalking.
(3) The adequacy of institutional policies and practices
regarding retention or transfer of credits when a survivor has to
suspend or terminate the survivor's enrollment at an institution of
higher education due to domestic violence, dating violence, sexual
assault, or stalking.
(4) The availability or any options for a survivor of domestic
violence, dating violence, sexual assault, or stalking who attended
an institution of higher education that committed unfair,
deceptive, or abusive acts or practices, or otherwise substantially
misrepresented information to students, to be able to seek a
defense to repayment of the survivor's Federal student loan.
(5) The limitations faced by a survivor of domestic violence,
dating violence, sexual assault, or stalking to obtain any relief
or restitution on the survivor's Federal student loan debt due to
the use of forced arbitration, gag orders, or bans on class
actions.
TITLE VIII--SAFETY FOR INDIAN WOMEN
Subtitle A--Tools to Enhance Public Safety for Indian Tribes
SEC. 801. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) American Indians and Alaska Natives are--
(A) 2.5 times as likely to experience violent crimes; and
(B) at least 2 times more likely to experience rape or
sexual assault crimes;
(2) more than 4 in 5 American Indian and Alaska Native women
have experienced violence in their lifetime;
(3) the vast majority of American Indian and Alaska Native
victims of violence--96 percent of women victims and 89 percent of
male victims--have experienced sexual violence by a non-Indian
perpetrator at least once in their lifetime;
(4) Indian Tribes exercising special domestic violence criminal
jurisdiction over non-Indians pursuant to section 204 of Public Law
90-284 (25 U.S.C. 1304) (commonly known as the ``Indian Civil
Rights Act of 1968''), restored by section 904 of the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4; 127
Stat. 120), have reported significant success holding violent
offenders accountable for crimes of domestic violence, dating
violence, and civil protection order violations;
(5) Tribal prosecutors for Indian Tribes exercising special
domestic violence criminal jurisdiction report that the majority of
domestic violence cases involve children either as witnesses or
victims, and the Department of Justice reports that American Indian
and Alaska Native children suffer exposure to violence at one of
the highest rates in the United States;
(6) childhood exposure to violence can have immediate and long-
term effects, including increased rates of altered neurological
development, poor physical and mental health, poor school
performance, substance abuse, and overrepresentation in the
juvenile justice system;
(7) according to the Centers for Disease Control and
Prevention, homicide is--
(A) the third leading cause of death among American Indian
and Alaska Native women between 10 and 24 years of age; and
(B) the fifth leading cause of death for American Indian
and Alaska Native women between 25 and 34 years of age;
(8) in some areas of the United States, Native American women
are murdered at rates more than 10 times the national average;
(9) according to a 2017 report by the Department of Justice, 66
percent of criminal prosecutions for crimes in Indian country that
United States Attorneys declined to prosecute involved assault,
murder, or sexual assault;
(10) investigation into cases of missing or murdered Indigenous
women is made difficult for Tribal law enforcement agencies due to
a lack of resources, including a lack of--
(A) necessary personnel, training, equipment, or funding;
(B) interagency cooperation;
(C) appropriate laws in place; and
(D) access to Federal law enforcement databases;
(11) domestic violence calls are among the most dangerous calls
that law enforcement receives;
(12) the complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant impact on public safety in Indian
communities;
(B) according to Tribal justice officials, has been
increasingly exploited by criminals; and
(C) requires a high degree of commitment and cooperation
among Tribal, Federal, and State law enforcement officials;
(13) restoring and enhancing Tribal capacity to address
violence against women provides for greater local control, safety,
accountability, and transparency;
(14) Indian Tribes with restrictive settlement Acts, such as
Indian Tribes in the State of Maine, and Indian Tribes located in
States with concurrent authority to prosecute crimes in Indian
country under the amendments made by the Act of August 15, 1953 (67
Stat. 590, chapter 506), face unique public safety challenges; and
(15) Native Hawaiians experience a disproportionately high rate
of human trafficking, with 64 percent of human trafficking victims
in the State of Hawai'i identifying as at least part Native
Hawaiian.
(b) Purposes.--The purposes of this subtitle are--
(1) to clarify the responsibilities of Federal, State, Tribal,
and local law enforcement agencies with respect to responding to
cases of domestic violence, dating violence, stalking, sex
trafficking, sexual violence, crimes against children, and assault
against Tribal law enforcement officers;
(2) to increase coordination and communication among Federal,
State, Tribal, and local law enforcement agencies;
(3) to empower Tribal governments and Native American
communities, including urban Indian communities and Native Hawaiian
communities, with the resources and information necessary to
effectively respond to cases of domestic violence, dating violence,
stalking, sex trafficking, sexual violence, and missing or murdered
Native Americans; and
(4) to increase the collection of data related to missing or
murdered Native Americans and the sharing of information among
Federal, State, Tribal, and local officials responsible for
responding to and investigating crimes impacting Indian Tribes and
Native American communities, including urban Indian communities and
Native Hawaiian communities, especially crimes relating to cases of
missing or murdered Native Americans.
SEC. 802. TRIBAL ACCESS PROGRAM.
(a) Access to National Crime Information Databases by Indian
Tribes.--Section 233(b) of the Tribal Law and Order Act of 2010 (34
U.S.C. 41107) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The Attorney General shall ensure that--
``(A) tribal law enforcement officials that meet applicable
Federal or State requirements shall be permitted access to
national crime information databases; and
``(B) technical assistance and training is provided to
Bureau of Indian Affairs and tribal law enforcement agencies to
gain access to, and the ability to use and input information
into, the National Crime Information Center and other national
crime information databases pursuant to section 534 of title
28, United States Code.''; and
(2) in paragraph (3), by striking ``with criminal jurisdiction
over Indian country''.
(b) Acquisition, Preservation, and Exchange of Identification
Records and Information.--Section 534(d) of title 28, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated) by striking ``The Attorney General'' and inserting
the following:
``(1) In general.--The Attorney General''; and
(3) by adding at the end the following:
``(2) Tribal access program.--
``(A) In general.--The Attorney General shall establish a
program, to be known as the `Tribal Access Program', to enhance
the ability of tribal governments and their authorized agencies
to access, enter information into, and obtain information from
national criminal information databases under this section.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out the Tribal Access Program under
subparagraph (A) $6,000,000 for each of fiscal years 2023
through 2027, to remain available until expended.
``(3) Information sharing.--To the extent otherwise permitted
by law, any report issued as a result of the analysis of
information entered into national criminal information databases or
obtained from Federal criminal databases shall be shared with each
Indian tribe of jurisdiction, including Indian tribes located in
the State of Maine.''.
(c) Identification Records.--The second paragraph of the matter
under the heading ``salaries and expenses'' under the heading ``Federal
Bureau of Investigation'' of the Department of Justice Appropriation
Act, 1973 (34 U.S.C. 41101) is amended--
(1) by inserting ``or Tribal'' after ``if authorized by
State''; and
(2) by inserting ``, Tribal,'' before ``and local
governments''.
SEC. 803. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.
Section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C.
1302 note; Public Law 111-211) is amended--
(1) in the subsection heading, by striking ``Pilot'';
(2) by striking ``pilot'' each place it appears;
(3) in paragraph (1), by striking ``Not later than 120 days
after the date of enactment of this title'' and inserting ``Not
later than 120 days after the date of enactment of the Violence
Against Women Act Reauthorization Act of 2022'';
(4) in paragraph (2)(B), by striking ``2 or more years'' and
inserting ``1 or more years''; and
(5) by striking paragraphs (5) and (6).
SEC. 804. TRIBAL JURISDICTION OVER COVERED CRIMES.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known
as the ``Indian Civil Rights Act of 1968'') is amended--
(1) in the section heading, by striking ``crimes of domestic
violence'' and inserting ``covered crimes'';
(2) by striking ``special domestic violence criminal
jurisdiction'' each place it appears and inserting ``special Tribal
criminal jurisdiction'';
(3) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as paragraphs (6), (7), (8), (10), (11), (14), and
(15), respectively;
(B) by inserting before paragraph (6) (as so redesignated)
the following:
``(1) Assault of tribal justice personnel.--The term `assault
of Tribal justice personnel' means any violation of the criminal
law of the Indian tribe that has jurisdiction over the Indian
country where the violation occurs that involves the use, attempted
use, or threatened use of physical force against an individual
authorized to act for, or on behalf of, that Indian tribe or
serving that Indian tribe during, or because of, the performance or
duties of that individual in--
``(A) preventing, detecting, investigating, making arrests
relating to, making apprehensions for, or prosecuting a covered
crime;
``(B) adjudicating, participating in the adjudication of,
or supporting the adjudication of a covered crime;
``(C) detaining, providing supervision for, or providing
services for persons charged with a covered crime; or
``(D) incarcerating, supervising, providing treatment for,
providing rehabilitation services for, or providing reentry
services for persons convicted of a covered crime.
``(2) Child.--The term `child' means a person who has not
attained the lesser of--
``(A) the age of 18; and
``(B) except in the case of sexual abuse, the age specified
by the criminal law of the Indian tribe that has jurisdiction
over the Indian country where the violation occurs.
``(3) Child violence.--The term `child violence' means the use,
threatened use, or attempted use of violence against a child
proscribed by the criminal law of the Indian tribe that has
jurisdiction over the Indian country where the violation occurs.
``(4) Coercion; commercial sex act.--The terms `coercion' and
`commercial sex act' have the meanings given the terms in section
1591(e) of title 18, United States Code.
``(5) Covered crime.--The term `covered crime' means--
``(A) assault of Tribal justice personnel;
``(B) child violence;
``(C) dating violence;
``(D) domestic violence;
``(E) obstruction of justice;
``(F) sexual violence;
``(G) sex trafficking;
``(H) stalking; and
``(I) a violation of a protection order.'';
(C) in paragraph (6) (as so redesignated), by striking
``violence committed'' and inserting ``any violation of the
criminal law of the Indian tribe that has jurisdiction over the
Indian country where the violation occurs that is committed'';
(D) by striking paragraph (7) (as so redesignated) and
inserting the following:
``(7) Domestic violence.--The term `domestic violence' means
any violation of the criminal law of the Indian tribe that has
jurisdiction over the Indian country where the violation occurs
that is committed by--
``(A) a current or former spouse or intimate partner of the
victim;
``(B) a person with whom the victim shares a child in
common;
``(C) a person who is cohabitating with or who has
cohabitated with the victim as a spouse or intimate partner; or
``(D) a person similarly situated to a spouse of the victim
under the domestic- or family-violence laws of the Indian tribe
that has jurisdiction over the Indian country where the
violation occurs.'';
(E) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Obstruction of justice.--The term `obstruction of
justice' means any violation of the criminal law of the Indian
tribe that has jurisdiction over the Indian country where the
violation occurs that involves interfering with the administration
or due process of the laws of the Indian tribe, including any
Tribal criminal proceeding or investigation of a crime.'';
(F) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Sex trafficking.--The term `sex trafficking' means
conduct within the meaning of section 1591(a) of title 18, United
States Code.
``(13) Sexual violence.--The term `sexual violence' means any
nonconsensual sexual act or contact proscribed by the criminal law
of the Indian tribe that has jurisdiction over the Indian country
where the violation occurs, including in any case in which the
victim lacks the capacity to consent to the act.'';
(G) in paragraph (14) (as so redesignated), in the
paragraph heading, by striking ``Special domestic violence
criminal jurisdiction'' and inserting ``Special tribal criminal
jurisdiction''; and
(H) by adding at the end the following:
``(16) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person proscribed by the
criminal law of the Indian tribe that has jurisdiction over the
Indian country where the violation occurs that would cause a
reasonable person--
``(A) to fear for the person's safety or the safety of
others; or
``(B) to suffer substantial emotional distress.
``(17) Violation of a protection order.--The term `violation of
a protection order' means an act that--
``(A) occurs in the Indian country of a participating
tribe; and
``(B) violates a provision of a protection order that--
``(i) prohibits or provides protection against violent
or threatening acts or harassment against, sexual violence
against, contact or communication with, or physical
proximity to, another person;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating tribe; and
``(iv) is consistent with section 2265(b) of title 18,
United States Code.'';
(4) in subsection (b)(1), by inserting after ``the powers of
self-government of a participating tribe'' the following: ``,
including any participating tribes in the State of Maine,'';
(5) in subsection (b)(4)--
(A) in the paragraph heading, by striking ``Exceptions''
and inserting ``Exception if victim and defendant are both non-
indians'';
(B) in subparagraph (A)(i), by inserting ``, other than
obstruction of justice or assault of Tribal justice
personnel,'' after ``over an alleged offense'';
(C) by striking subparagraph (B);
(D) in subparagraph (A)--
(i) by striking the subparagraph designation and
heading and all that follows through ``A participating'' in
clause (i) and inserting the following:
``(A) In general.--A participating''; and
(ii) by redesignating clause (ii) as subparagraph (B)
and indenting appropriately; and
(E) in subparagraph (B) (as so redesignated), by striking
``subparagraph'' and inserting ``paragraph'';
(6) by striking subsection (c) and inserting the following:
``(c) Criminal Conduct.--A participating tribe may exercise special
Tribal criminal jurisdiction over a defendant for a covered crime that
occurs in the Indian country of the participating tribe.'';
(7) in subsection (e), by striking paragraph (3); and
(8) by striking subsections (f), (g), and (h) and inserting the
following:
``(f) Petitions for Writs of Habeas Corpus.--
``(1) In general.--After a defendant has been sentenced by a
participating tribe, the defendant may file a petition for a writ
of habeas corpus in a court of the United States under section 203.
``(2) Requirement.--An application for a writ of habeas corpus
on behalf of a person in custody pursuant to an order of a Tribal
court shall not be granted unless --
``(A) the applicant has exhausted the remedies available in
the Tribal court system;
``(B) there is an absence of an available Tribal corrective
process; or
``(C) circumstances exist that render the Tribal corrective
process ineffective to protect the rights of the applicant.
``(g) Notice; Habeas Corpus Petitions.--A participating tribe that
has ordered the detention of any person has a duty to timely notify in
writing such person of their rights and privileges under this section
and under section 203.
``(h) Reimbursement and Grants to Tribal Governments.--
``(1) Reimbursement.--
``(A) In general.--The Attorney General may reimburse
Tribal government authorities (or an authorized designee of a
Tribal government) for expenses incurred in exercising special
Tribal criminal jurisdiction.
``(B) Eligible expenses.--Eligible expenses for
reimbursement under subparagraph (A) shall include expenses and
costs incurred in, relating to, or associated with--
``(i) investigating, making arrests relating to, making
apprehensions for, or prosecuting covered crimes (including
costs involving the purchasing, collecting, and processing
of sexual assault forensic materials);
``(ii) detaining, providing supervision of, or
providing services for persons charged with covered crimes
(including costs associated with providing health care);
``(iii) providing indigent defense services for 1 or
more persons charged with 1 or more covered crimes; and
``(iv) incarcerating, supervising, or providing
treatment, rehabilitation, or reentry services for 1 or
more persons charged with 1 or more covered crimes.
``(C) Procedure.--
``(i) In general.--Reimbursements authorized under
subparagraph (A) shall be in accordance with rules
promulgated by the Attorney General, after consultation
with Indian tribes, and within 1 year after the date of
enactment of the Violence Against Women Act Reauthorization
Act of 2022.
``(ii) Maximum reimbursement.--The rules promulgated by
the Attorney General under clause (i)--
``(I) shall set a maximum allowable reimbursement
to any Tribal government (or an authorized designee of
any Tribal government) in a 1-year period; and
``(II) may allow the Attorney General--
``(aa) to establish conditions under which a
Tribal government (or an authorized designee of a
Tribal government) may seek a waiver to the maximum
allowable reimbursement requirement established
under subclause (I); and
``(bb) to waive the maximum allowable
reimbursement requirements established under
subclause (I) for a Tribal government (or an
authorized designee of a Tribal government) if the
conditions established by the Attorney General
under item (aa) are met by that Tribal government
(or authorized designee).
``(iii) Timeliness of reimbursements.--To the maximum
extent practicable, the Attorney General shall--
``(I) not later than 90 days after the date on
which the Attorney General receives a qualifying
reimbursement request from a Tribal government (or an
authorized designee of a Tribal government)--
``(aa) reimburse the Tribal government (or
authorized designee); or
``(bb) notify the Tribal government (or
authorized designee) of the reason by which the
Attorney General was unable to issue the
reimbursement; and
``(II) not later than 30 days after the date on
which a Tribal government (or an authorized designee of
a Tribal government) reaches the annual maximum
allowable reimbursement for the Tribal government (or
an authorized designee) established by the Attorney
General under clause (ii)(I), notify the Tribal
government (or authorized designee) that the Tribal
government has reached its annual maximum allowable
reimbursement.
``(D) Eligibility for participating tribes in alaska.--A
Tribal government (or an authorized designee of a Tribal
Government) of an Indian tribe designated as a participating
Tribe under subtitle B of title VIII of the Violence Against
Women Act Reauthorization Act of 2022 shall be eligible for
reimbursement, in accordance with this paragraph, of expenses
incurred in exercising special Tribal criminal jurisdiction
under that subtitle.
``(2) Grants.--The Attorney General may award grants to Tribal
governments (or authorized designees of Tribal governments),
including a Tribal government (or an authorized designee of a
Tribal government) of an Indian tribe designated as a participating
Tribe under subtitle B of title VIII of the Violence Against Women
Act Reauthorization Act of 2022--
``(A) to strengthen Tribal criminal justice systems to
assist Indian tribes in exercising special Tribal criminal
jurisdiction, including for--
``(i) law enforcement (including the capacity of law
enforcement, court personnel, or other non-law enforcement
entities that have no Federal or State arrest authority
agencies but have been designated by an Indian tribe as
responsible for maintaining public safety within the
territorial jurisdiction of the Indian tribe, to enter
information into and obtain information from national crime
information databases);
``(ii) prosecution;
``(iii) trial and appellate courts (including
facilities maintenance, renovation, and rehabilitation);
``(iv) supervision systems;
``(v) detention and corrections (including facilities
maintenance, renovation, and rehabilitation);
``(vi) treatment, rehabilitation, and reentry programs
and services;
``(vii) culturally appropriate services and assistance
for victims and their families; and
``(viii) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;
``(B) to provide indigent criminal defendants with licensed
defense counsel, at no cost to the defendant, in criminal
proceedings in which a participating tribe prosecutes covered
crimes;
``(C) to ensure that, in criminal proceedings in which a
participating tribe exercises special Tribal criminal
jurisdiction, jurors are summoned, selected, and instructed in
a manner consistent with all applicable requirements; and
``(D) to accord victims of covered crimes rights that are
similar to the rights of a crime victim described in section
3771(a) of title 18, United States Code, consistent with Tribal
law and custom.
``(i) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State, or
local government amounts made available to carry out activities
described in this section.
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$25,000,000 for each of fiscal years 2023 through 2027--
``(A) to carry out subsection (h); and
``(B) to provide training, technical assistance, data
collection, and evaluation of the criminal justice systems of
participating tribes.
``(2) Limitations.--Of the total amount made available under
paragraph (1) for each fiscal year, not more than 40 percent shall
be used for reimbursements under subsection (h)(1).''.
Subtitle B--Alaska Tribal Public Safety Empowerment
SEC. 811. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) according to the report of the Indian Law and Order
Commission established by section 15 of the Indian Law Enforcement
Reform Act (25 U.S.C. 2812), Alaska Native women--
(A) are overrepresented in the domestic violence victim
population by 250 percent;
(B) in the State of Alaska, comprise--
(i) 19 percent of the population of the State; but
(ii) 47 percent of reported rape victims in the State;
and
(C) as compared to the populations of other Indian Tribes,
suffer the highest rates of domestic and sexual violence;
(2) most Alaska Native villages are located in remote areas
that--
(A) are often inaccessible by road; and
(B) have no local law enforcement presence;
(3) the Commission referred to in paragraph (1)--
(A) determined that the Alaska Department of Public
Safety--
(i) has primary responsibility for law enforcement in
rural Alaska; but
(ii) provides only 1 to 1.4 field officers per
1,000,000 acres; and
(B) recommended that ``devolving authority to Alaska Native
communities is essential for addressing local crime. Their
governments are best positioned to effectively arrest,
prosecute, and punish, and they should have the authority to do
so-or to work out voluntary agreements with each other, and
with local governments and the State on mutually beneficial
terms''; and
(4) the unique legal relationship of the United States to
Indian Tribes creates a Federal trust responsibility to assist
Tribal governments in safeguarding the lives of Indian women.
(b) Purposes.--The purposes of this subtitle are--
(1) to increase coordination and communication among Federal,
State, Tribal, and local law enforcement agencies; and
(2) to empower Indian Tribes to effectively respond to cases of
domestic violence, dating violence, stalking, sex trafficking,
sexual violence, and missing or murdered Alaska Natives through the
exercise of special Tribal criminal jurisdiction.
SEC. 812. DEFINITIONS.
In this subtitle:
(1) Assault of tribal justice personnel; covered crime;
obstruction of justice; protection order; violation of a protection
order.--
(A) In general.--The terms ``assault of Tribal justice
personnel'', ``covered crime'', ``obstruction of justice'',
``protection order'', and ``violation of a protection order''
have the meanings given the terms in section 204(a) of Public
Law 90-284 (25 U.S.C. 1304(a)) (commonly known as the ``Indian
Civil Rights Act of 1968'').
(B) Application.--For purposes of the application of the
definitions of ``assault of Tribal justice personnel'',
``obstruction of justice'', and ``violation of a protection
order'', and for purposes of the application of the defined
terms contained in the definition of ``covered crime'', under
section 204(a) of Public Law 90-284 (25 U.S.C. 1304(a))
(commonly known as the ``Indian Civil Rights Act of 1968'') to
the pilot program, the Attorney General shall modify any
reference to ``Indian country'' to mean the Village of a
participating Tribe.
(2) Indian; indian court; indian tribe; powers of self-
government.--The terms ``Indian'', ``Indian court'', ``Indian
tribe'', and ``powers of self-government'' have the meanings given
the terms in section 201 of Public Law 90-284 (25 U.S.C. 1301)
(commonly known as the ``Indian Civil Rights Act of 1968'').
(3) Participating tribe.-- The term ``participating Tribe''
means an Indian tribe that is designated under section 813(d)(1) as
a participating Tribe to exercise special Tribal criminal
jurisdiction.
(4) Pilot program.--The term ``pilot program'' means the pilot
program established by section 813(d)(1).
(5) Special tribal criminal jurisdiction.--The term ``special
Tribal criminal jurisdiction'' means the criminal jurisdiction that
a participating Tribe may exercise under this subtitle but could
not otherwise exercise.
(6) State.--The term ``State'' means the State of Alaska.
(7) Village.--The term ``Village'' means the Alaska Native
Village Statistical Area covering all or any portion of a Native
village (as defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)), as depicted on the applicable
Tribal Statistical Area Program Verification map of the Bureau of
the Census.
SEC. 813. TRIBAL JURISDICTION IN ALASKA.
(a) In General.--Subject to title II of Public Law 90-284 (25
U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil Rights Act
of 1968''), Congress recognizes and affirms the inherent authority of
any Indian tribe occupying a Village in the State to exercise criminal
and civil jurisdiction over all Indians present in the Village.
(b) Tribal Civil Jurisdiction to Enforce Protection Orders.--
(1) In general.--A court of any Indian tribe in the State shall
have full civil jurisdiction to issue and enforce protection orders
involving any person in matters--
(A) arising within the Village of the Indian tribe; or
(B) otherwise within the authority of the Indian tribe.
(2) Inclusions.--The full civil jurisdiction to issue and
enforce protection orders under paragraph (1) includes the
authority to enforce protection orders through--
(A) civil contempt proceedings;
(B) exclusion of violators from the Village of the Indian
tribe; and
(C) other appropriate mechanisms.
(c) Special Tribal Criminal Jurisdiction.--
(1) In general.--Notwithstanding any other provision of law, in
addition to all powers of self-government recognized and affirmed
under subsection (a), the powers of self-government of a
participating Tribe include the inherent power of the participating
Tribe, which is hereby recognized and affirmed, to exercise special
Tribal criminal jurisdiction over a defendant for a covered crime
that occurs in the Village of the participating Tribe.
(2) Concurrent jurisdiction.--The exercise of special Tribal
criminal jurisdiction by a participating Tribe shall be concurrent
with the jurisdiction of the United States, the State, or both.
(3) Exception if victim and defendant are both non-indians.--
(A) In general.--A participating Tribe may not exercise
special Tribal criminal jurisdiction over an alleged offense of
a covered crime, other than obstruction of justice or assault
of Tribal justice personnel, if neither the defendant nor the
alleged victim is an Indian.
(B) Definition of victim.--In this paragraph and with
respect to a criminal proceeding in which a participating Tribe
exercises special Tribal criminal jurisdiction based on a
violation of a protection order, the term ``victim'' means a
person specifically protected by the protection order that the
defendant allegedly violated.
(d) Pilot Program for Special Tribal Criminal Jurisdiction Over
Persons Who Are Not Indians.--
(1) Establishment.--Subject to title II of Public Law 90-284
(25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil
Rights Act of 1968''), there is established a pilot program under
which the Attorney General, subject to paragraph (5), shall
designate not more than 5 Indian tribes per calendar year as
participating Tribes to exercise the special Tribal criminal
jurisdiction described in paragraph (6) over all persons present in
the Village of the Indian tribe.
(2) Procedure.--At any time during the 1-year period beginning
on the date of enactment of this Act, and annually thereafter, an
Indian tribe may request the Attorney General to designate the
Indian tribe as a participating Tribe under paragraph (1).
(3) Designation of participating tribes.--
(A) In general.--The Attorney General, in consultation with
the Secretary of the Interior and affected Indian tribes, shall
establish a process to designate Indian tribes to participate
in the pilot program, which process shall--
(i) require that preference shall be given to Indian
tribes occupying Villages--
(I) the populations of which are predominantly
Indian; and
(II) that lack a permanent State law enforcement
physical presence;
(ii) require that for each Indian tribe requesting to
be designated as a participating Tribe, the Attorney
General makes a determination that the criminal justice
system of the Indian tribe has adequate safeguards in place
to protect defendants' rights, consistent with section
204(d) of Public Law 90-284 (25 U.S.C. 1304(d)) (commonly
known as the ``Indian Civil Rights Act of 1968''); and
(iii) be subject to such other criteria as the Attorney
General considers to be appropriate to achieve the purposes
of this subtitle.
(B) Designation.--The Attorney General shall designate
Indian tribes to participate in the pilot program under
paragraph (1) using the process established under subparagraph
(A).
(4) Intertribal participation.--
(A) In general.--2 or more participating Tribes (or the
Tribal organization (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)) of the participating Tribe, if the Tribal organization
is exercising delegated authority from the participating
Tribe)--
(i) may elect to participate jointly in the pilot
program by providing shared resources to carry out the
purposes of the pilot program; and
(ii) on making an election pursuant to clause (i),
shall be considered to be a single participating Tribe for
purposes of the maximum number of participating Tribes
under paragraphs (1) and (5).
(B) Additional participating tribes.--
(i) In general.--Additional participating Tribes may
elect to join an established intertribal partnership under
subparagraph (A) at any time after the intertribal
partnership is established.
(ii) Application.--An intertribal partnership that
additional participating Tribes elect to join pursuant to
clause (i) shall be considered to be a single participating
Tribe for purposes of the maximum number of participating
Tribes under paragraphs (1) and (5).
(5) Maximum number of participating tribes.--
(A) In general.--Except as provided in subparagraph (B),
the Attorney General may designate not more than 30 Indian
tribes to participate in the pilot program.
(B) Exception.--The limitation under subparagraph (A) shall
not apply if the Attorney General submits to the Committee on
Indian Affairs of the Senate and the Committee on Natural
Resources of the House of Representatives, and publishes in the
Federal Register, a written notice of the intention to
designate additional Indian tribes as participating Tribes,
including the rationale for the designation, by not later than
the date that is 180 days before the date of designation.
(6) Description of jurisdiction.--Congress recognizes and
affirms that an Indian tribe selected to participate in the pilot
program as a participating Tribe may exercise, subject to paragraph
(7), special Tribal criminal jurisdiction with respect to covered
crimes.
(7) Rights of defendants.--In exercising special Tribal
criminal jurisdiction under the pilot program, a participating
Tribe shall provide to each defendant all rights described in
section 204(d) of Public Law 90-284 (25 U.S.C. 1304(d)) (commonly
known as the ``Indian Civil Rights Act of 1968'').
(e) Sentences.--In a criminal proceeding in which an Indian court
of a participating Tribe, in exercising special Tribal criminal
jurisdiction with respect to a covered crime, imposes a sentence of
imprisonment of more than 1 year on a defendant pursuant to section
202(b) of Public Law 90-284 (25 U.S.C. 1302(b)) (commonly known as the
``Indian Civil Rights Act of 1968''), the Indian court may require the
defendant--
(1) to serve a sentence--
(A) in a Tribal correctional center that has been approved
by the Bureau of Indian Affairs for long-term incarceration, in
accordance with guidelines set by the Bureau of Indian Affairs;
(B) at the expense of the United States, in the nearest
appropriate Federal facility pursuant to the Bureau of Prisons
Tribal Prisoner Program established under section 234(c)(1) of
the Tribal Law and Order Act of 2010 (25 U.S.C. 1302 note;
Public Law 111-211); or
(C) at the expense of the participating Tribe and, subject
to section 204(f)(1) of Public Law 90-284 (25 U.S.C.
1304(f)(1)) (commonly known as the ``Indian Civil Rights Act of
1968''), reimbursable by the Attorney General, in a detention
or correctional center approved by the State or a local
government of the State pursuant to a memorandum of agreement
between the participating Tribe and the State or local
government of the State; or
(2) to serve another alternative form of punishment, as
determined by the Indian court pursuant to Tribal law.
(f) Memoranda of Agreement.--The Attorney General and the Secretary
of the Interior may enter into such memoranda of agreement with
participating Tribes and the State as are necessary and appropriate--
(1) to coordinate respective law enforcement activities;
(2) to share equipment and other resources;
(3) to establish cross-deputization arrangements;
(4) to coordinate appropriate training activities; and
(5) to address any other matters that will facilitate the
successful implementation of the pilot program, including
intergovernmental agreements regarding--
(A) the incarceration of convicted persons; and
(B) cooperation in the investigation and prosecution of
crimes.
(g) Alaska Tribal Public Safety Advisory Committee.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, in consultation with
the Secretary of the Interior, affected Indian tribes, and the
State, shall establish a committee, to be known as the ``Alaska
Tribal Public Safety Advisory Committee'' (referred to in this
subsection as the ``Committee'').
(2) Membership.--The Committee shall consist of 1 or more
representatives from--
(A) participating Tribes and Indian tribes aspiring to
participate in the pilot program;
(B) Federal, Tribal, State, and local law enforcement; and
(C) Tribal nonprofit organizations providing victim
services.
(3) Duties.--The Committee shall focus on--
(A) improving the justice systems, crime prevention, and
victim services of Indian tribes and the State; and
(B) increasing coordination and communication among
Federal, Tribal, State, and local law enforcement agencies.
(4) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Committee.
(5) Nonapplicability of faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Committee.
(6) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection such sums as may be
necessary for the period of fiscal years 2023 through 2027, to
remain available until expended.
(h) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Attorney General, in consultation with the
Secretary of the Interior and affected Indian tribes, shall submit to
Congress a report describing the results of the pilot program,
including an explanation of any modifications to law necessary to
facilitate improved law enforcement in Villages.
(i) Applicability.--Nothing in this subtitle--
(1) limits, alters, expands, or diminishes the civil or
criminal jurisdiction of the United States, the State, any
subdivision of the State, or any Indian tribe in the State;
(2) creates or eliminates any Federal or State criminal
jurisdiction over a Village; or
(3) affects the authority of the United States or any authority
delegated by the United States to the State to investigate and
prosecute a criminal violation in a Village.
TITLE IX--OFFICE ON VIOLENCE AGAINST WOMEN
SEC. 901. ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.
(a) Establishment of Office on Violence Against Women.--Section
2002 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10442) is amended--
(1) in the section heading, by striking ``violence against
women office'' and inserting ``office on violence against women'';
(2) in subsection (a), by striking ``a Violence Against Women
Office'' and inserting ``an Office on Violence Against Women'';
(3) in subsection (b), by inserting ``, not subsumed by any
other office'' after ``within the Department of Justice''; and
(4) in subsection (c)(2), by striking ``authorized or
undertaken under the'' and all that follows and inserting
``authorized or undertaken under--
``(A) the Violence Against Women Act of 1994 (title IV of
Public Law 103-322);
``(B) the Violence Against Women Act of 2000 (division B of
Public Law 106-386);
``(C) the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat.
2960);
``(D) the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4; 127 Stat. 54); and
``(E) the Violence Against Women Act Reauthorization Act of
2022.''.
(b) Director of the Office on Violence Against Women.--Section 2003
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10443) is amended--
(1) in the section heading, by striking ``violence against
women office'' and inserting ``office on violence against women'';
(2) in subsection (a)--
(A) by striking ``the Violence Against Women Office'' and
inserting ``the Office on Violence Against Women''; and
(B) by striking ``in this title referred to'' and inserting
``in this part referred to'';
(3) in subsection (b)(2)--
(A) by striking ``or the Violence'' and inserting ``, the
Violence''; and
(B) by striking the period at the end and inserting ``, the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat.
2960), the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4; 127 Stat. 54), or the Violence Against Women
Act Reauthorization Act of 2022.''.
(c) Duties and Functions of Director of the Office on Violence
Against Women.--Section 2004 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10444) is amended--
(1) in the section heading, by striking ``violence against
women office'' and inserting ``office on violence against women'';
(2) in paragraph (5), in the matter preceding subparagraph
(A)--
(A) by striking ``and the Violence'' and inserting ``, the
Violence''; and
(B) by striking ``, including with'' and inserting ``, the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat.
2960), the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4; 127 Stat. 54), and the Violence Against
Women Act Reauthorization Act of 2022, including with''; and
(3) in paragraph (6)(B), by inserting ``synchronize Federal
definitions and protocols,'' before ``and improve coordination''.
(d) Staff of Office on Violence Against Women.--Section 2005 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10445) is amended in the section heading, by striking ``violence
against women office'' and inserting ``office on violence against
women''.
(e) Conforming Amendment.--Section 121(a)(1) of the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (34
U.S.C. 20124(a)(1)) is amended by striking ``the Violence Against Women
Office'' and inserting ``the Office on Violence Against Women''.
SEC. 902. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC COMMUNITIES
OF THE OFFICE ON VIOLENCE AGAINST WOMEN.
Part T of the Omnibus Crime Control and Safe Streets Act (34 U.S.C.
10441 et seq.), as amended by section 101, is further amended by adding
at the end the following:
``SEC. 2018. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC COMMUNITIES.
``(a) Establishment.--There is established in the Office on
Violence Against Women a Senior Policy Advisor for Culturally Specific
Communities.
``(b) Duties.--The Senior Policy Advisor for Culturally Specific
Communities, under the guidance and authority of the Director, shall--
``(1) advise on the administration of grants related to
culturally specific services and contracts with culturally specific
organizations;
``(2) coordinate development of Federal policy, protocols, and
guidelines on matters relating to domestic violence, dating
violence, sexual assault, and stalking in culturally specific
communities;
``(3) advise the Director on policies, legislation,
implementation of laws, and other issues relating to domestic
violence, dating violence, sexual assault, and stalking in
culturally specific communities;
``(4) provide technical assistance, coordination, and support
to other offices and bureaus in the Department of Justice to
develop policy and to enforce Federal laws relating to domestic
violence, dating violence, sexual assault, and stalking in
culturally specific communities;
``(5) ensure that appropriate technical assistance, developed
and provided by entities with expertise in culturally specific
communities, is made available to grantees and potential grantees
proposing to serve culturally specific communities;
``(6) ensure access to grants and technical assistance for
culturally specific organizations; and
``(7) analyze the distribution of grant funding in order to
identify barriers for culturally specific organizations.
``(c) Qualifications.--Not later than 120 days after the date of
enactment of this section, the Director shall hire for the position
established under subsection (a) an individual with personal, lived,
and work experience from a culturally specific community, and a
demonstrated history and expertise addressing domestic violence or
sexual assault in a nongovernmental agency.''.
TITLE X--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY
SEC. 1001. IMPROVING THE TREATMENT OF PRIMARY CARETAKER PARENTS AND
OTHER INDIVIDUALS IN FEDERAL PRISONS.
(a) Short Title.--This section may be cited as the ``Ramona Brant
Improvement of Conditions for Women in Federal Custody Act''.
(b) Amendment.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4051. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
officer of the Bureau of Prisons;
``(2) the term `covered institution' means a Federal penal or
correctional institution;
``(3) the term `Director' means the Director of the Bureau of
Prisons;
``(4) the term `post-partum recovery' means the first 12-week
period of post-partum recovery after giving birth;
``(5) the term `primary caretaker parent' has the meaning given
the term in section 31903 of the Family Unity Demonstration Project
Act (34 U.S.C. 12242);
``(6) the term `prisoner' means an individual who is
incarcerated in a Federal penal or correctional institution,
including a vulnerable person; and
``(7) the term `vulnerable person' means an individual who--
``(A) is under 21 years of age or over 60 years of age;
``(B) is pregnant;
``(C) is victim or witness of a crime;
``(D) has filed a nonfrivolous civil rights claim in
Federal or State court; or
``(E) during the period of incarceration, has been
determined to have experienced or to be experiencing severe
trauma or to be the victim of gender-based violence--
``(i) by any court or administrative judicial
proceeding;
``(ii) by any corrections official;
``(iii) by the individual's attorney or legal service
provider; or
``(iv) by the individual.
``(b) Geographic Placement.--
``(1) Establishment of office.--The Director shall establish
within the Bureau of Prisons an office that determines the
placement of prisoners.
``(2) Placement of prisoners.--In determining the placement of
a prisoner, the office established under paragraph (1) shall--
``(A) if the prisoner has children, consider placing the
prisoner as close to the children as possible; and
``(B) consider any other factor that the office determines
to be appropriate.
``(c) Prohibition on Placement of Pregnant Prisoners or Prisoners
in Post-partum Recovery in Segregated Housing Units.--
``(1) Placement in segregated housing units.--A covered
institution may not place a prisoner who is pregnant or in post-
partum recovery in a segregated housing unit unless the prisoner
presents an immediate risk of harm to the prisoner or others.
``(2) Restrictions.--Any placement of a prisoner described in
paragraph (1) in a segregated housing unit shall be limited and
temporary.
``(d) Intake and Assessments.--The Director shall assess the need
for family-focused programming at intake, such as questions about
children, gauge interest in parenting resources, and concerns about
their child or caregiving, and administer ongoing assessment to better
inform, identify, and make recommendations about the mother's parental
role and familial needs.
``(e) Parenting Classes.--The Director shall provide voluntary
parenting classes to each prisoner who is a primary caretaker parent,
and such classes shall be made available to prisoners with limited
English proficiency in compliance with title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.).
``(f) Trauma Screening.--The Director shall provide training,
including cultural competency training, to each correctional officer
and each employee of the Bureau of Prisons who regularly interacts with
prisoners, including each instructor and health care professional, to
enable those correctional officers and employees to--
``(1) identify a prisoner who may have a mental or physical
health need relating to trauma the prisoner has experienced; and
``(2) refer a prisoner described in paragraph (1) to the proper
health care professional for diagnosis and treatment.
``(g) Family Needs Training.--The Director shall provide training
to correctional officers and employees of the Bureau of Prisons who
engage with prisoners' families on--
``(1) how to interact with children in an age-appropriate
manner, and the children's caregivers;
``(2) basic childhood and adolescent development information;
and
``(3) basic customer service skills.
``(h) Inmate Health.--
``(1) Health care access.--The Director shall ensure that all
prisoners receive adequate health care.
``(2) Hygienic products.--The Director shall make essential
hygienic products, including shampoo, toothpaste, toothbrushes, and
any other hygienic product that the Director determines
appropriate, available without charge to prisoners. The Director
shall make rules--
``(A) on the distribution and accessibility of sanitary
products to prisoners, to ensure each prisoner who requires
these products receives a quantity the prisoner deems
sufficient; and
``(B) providing that no visitor is prohibited from visiting
a prisoner due to the visitor's use of sanitary products.
``(3) Gynecologist access.--The Director shall ensure that all
prisoners have access to a gynecologist as appropriate.
``(4) Relation to other laws.--Nothing in paragraph (1) shall
be construed to affect the requirements under the Prison Rape
Elimination Act of 2003 (34 U.S.C. 30301 et seq.).''.
(c) Substance Abuse Treatment.--Section 3621(e) of title 18, United
States Code, is amended by adding at the end the following:
``(7) Eligibility of primary caretaker parents and pregnant
women.--The Director of the Bureau of Prisons may not prohibit an
eligible prisoner who is a primary caretaker parent (as defined in
section 4051) or pregnant from participating in a program of
residential substance abuse treatment provided under paragraph (1)
on the basis of a failure by the eligible prisoner, before being
committed to the custody of the Bureau of Prisons, to disclose to
any official of the Bureau of Prisons that the prisoner had a
substance abuse problem on or before the date on which the eligible
prisoner was committed to the custody of the Bureau of Prisons.''.
(d) Implementation Date.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director of the Bureau of Prisons shall
implement this section and the amendments made by this section.
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Director of the Bureau of Prisons shall submit to
the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a progress report on
the implementation of this section and the amendments made by this
section.
(e) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, is amended by adding at
the end the following:
``4051. Treatment of primary caretaker parents and other individuals.''.
SEC. 1002. HEALTH AND SAFETY OF PREGNANT WOMEN AND MOTHERS.
(a) Short Title.--This section may be cited as the ``Stop Infant
Mortality and Recidivism Reduction Act'' or the ``SIMARRA Act''.
(b) Establishment.--Not later than 270 days after the date of
enactment of this Act, the Director of the Bureau of Prisons (in this
section referred to as the ``Director'') shall establish a pilot
program (in this section referred to as the ``Program'') in accordance
with this section to permit women incarcerated in Federal prisons and
the children born to such women during incarceration to reside together
while the inmate serves a term of imprisonment.
(c) Purposes.--The purposes of this section are to--
(1) prevent infant mortality among infants born to incarcerated
mothers and greatly reduce the trauma and stress experienced by
pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated women
and mothers, and enhance public safety by improving the
effectiveness of the Federal prison system for women as a
population with special needs;
(3) utilize a female offender risk and needs assessment to
encourage a more effective and efficient Federal prison system;
(4) utilize a validated post-sentencing risk and needs
assessment system that relies on dynamic factors to provide Federal
prison officials with information regarding needs of Federal
pregnant offenders and enhance public safety;
(5) perform regular outcome evaluations of the effectiveness of
programs and interventions for federally incarcerated pregnant
women and mothers to assure that such programs and interventions
are evidence-based and to suggest changes, deletions, and
expansions based on the results of such evaluations; and
(6) assist the Department of Justice to address the underlying
cost structure of the Federal prison system and ensure that the
Department can continue to run parenting programming safely and
securely without compromising the scope or quality of the
Department's critical health, safety and law enforcement missions.
(d) Duties of the Director of Bureau of Prisons.--
(1) In general.--The Director shall carry out this section in
consultation with--
(A) the Director of the Administrative Office of the United
States Courts;
(B) the Director of the Office of Probation and Pretrial
Services; and
(C) the Director of the National Institute of Justice.
(2) Duties.--The Director shall, in accordance with paragraph
(3), and in addition to the mandates under section 3631 of title
18, United States Code--
(A) evaluate the female offender risk and needs assessment
for its ability to address the particular health and
sensitivities of federally incarcerated pregnant women and
mothers in accordance with this subsection;
(B) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with
subsection (c);
(C) conduct ongoing research and data analysis on--
(i) the best practices relating to the use of offender
risk and needs assessment tools for female offenders with a
particular emphasis on how those tools address the health
and sensitivities of federally incarcerated pregnant women
and mothers;
(ii) potential improvements to risk and needs
assessment tools for female offenders to address the health
and sensitivities of federally incarcerated pregnant women
and mothers; and
(iii) which recidivism reduction programs are the most
effective--
(I) for federally incarcerated pregnant women and
mothers classified at different recidivism risk levels;
and
(II) for addressing the specific needs of federally
incarcerated pregnant women and mothers;
(D) on a biennial basis, review any findings related to
evaluations conducted under subparagraph (A) and the
recommendations developed under subparagraph (B), using the
research conducted under subparagraph (C), to determine whether
any revisions or updates should be made to female offender risk
and needs assessment systems, and if so, make such revisions or
updates;
(E) hold periodic meetings with the individuals listed in
paragraph (1) at intervals to be determined by the Director;
(F) develop tools to communicate parenting program
availability and eligibility criteria to each employee of the
Bureau of Prisons and each pregnant inmate to ensure that each
pregnant inmate in the custody of a Bureau of Prisons facility
understands the resources available to such inmate; and
(G) report to Congress in accordance with subsection (h).
(3) Methods.--In carrying out the duties under paragraph (2),
the Director shall--
(A) consult relevant stakeholders; and
(B) make decisions using data that is based on available
statistical and empirical evidence.
(e) Eligibility.--An inmate may apply to participate in the Program
if the inmate--
(1) is pregnant at the beginning of or during the term of
imprisonment; and
(2) is in the custody or control of the Bureau of Prisons.
(f) Program Terms.--
(1) Term of participation.--To correspond with the purposes and
goals of the Program to promote bonding during the critical stages
of child development, an eligible inmate selected for the Program
may participate in the Program, subject to subsection (g), until
the earliest of--
(A) the date that the inmate's term of imprisonment
terminates; or
(B) the date the infant fails to meet any medical criteria
established by the Director.
(2) Inmate requirements.--For the duration of an inmate's
participation in the Program, the inmate shall agree to--
(A) take substantive steps towards acting in the role of a
parent or guardian to any child of that inmate;
(B) participate in any recommended educational or
counseling opportunities, including topics such as child
development, parenting skills, domestic violence, vocational
training, or substance abuse, as appropriate;
(C) abide by any court decision regarding the legal or
physical custody of the child; and
(D) specify a person who has agreed to take at least
temporary custody of the child if the inmate's participation in
the Program terminates before the inmate's release.
(g) Continuity of Care.--The Director shall take appropriate
actions to prevent detachment or disruption of either an inmate's or
infant's health and bonding-based well-being due to termination of the
Program.
(h) Reporting.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, and once each year thereafter for 5 years,
the Director shall submit a progress report to the Congress with
regards to implementing the Program.
(2) Final report.--Not later than 6 months after the
termination of the Program, the Director shall issue a final report
to the Congress that contains a detailed statement of the
Director's findings and conclusions, including recommendations for
legislation, administrative actions, and regulations the Director
considers appropriate.
SEC. 1003. RESEARCH AND REPORT ON WOMEN IN FEDERAL INCARCERATION.
Not later than 18 months after the date of enactment of this Act,
and thereafter, every other year, the National Institute of Justice, in
consultation with the Bureau of Justice Statistics and the Bureau of
Prisons (including the Women and Special Population Branch) shall
prepare a report on the status of women in Federal incarceration.
Depending on the topic to be addressed, and the facility, data shall be
collected from Bureau of Prisons personnel and a sample that is
representative of the population of incarcerated women. The report
shall include--
(1) with regard to Federal facilities wherein women are
incarcerated--
(A) responses by such women to questions from the Adverse
Childhood Experience (ACES) questionnaire;
(B) demographic data of such women;
(C) data on the number of women who are incarcerated and
placed in Federal and private facilities more than 200 miles
from their place of residence;
(D) responses by such women to questions about the extent
of exposure to sexual victimization, sexual violence and
domestic violence (both inside and outside of incarceration);
(E) the number of such women pregnant at the time that they
entered incarceration;
(F) the number of such women who have children age 18 or
under, and if so, how many; and
(G) the crimes for which such women are incarcerated and
the length of their sentence and to the extent practicable, any
information on the connection between the crime of which they
were convicted and their experience of domestic violence,
dating violence, sexual assault, or stalking; and
(2) with regard to all Federal facilities where persons are
incarcerated--
(A) a list of best practices with respect to women's
incarceration and transition, including staff led programs,
services, and management practices (including making sanitary
products readily available and easily accessible, and access to
and provision of healthcare);
(B) the availability of trauma treatment at each facility
(including number of beds, and number of trained staff);
(C) rates of serious mental illness broken down by gender
and security level and a list of residential programs available
by site; and
(D) the availability of vocational education and a list of
vocational programs provided by each facility.
SEC. 1004. REENTRY PLANNING AND SERVICES FOR INCARCERATED WOMEN.
(a) In General.--The Attorney General, in coordination with the
Director of the Office of Probation and Pretrial Services and the
Director of the Bureau of Prisons (including the Women and Special
Population Branch), shall collaborate on a model of gender responsive
transition for incarcerated women, including the development of a
national standard on prevention with respect to domestic and sexual
violence.
(b) Required Consultation.--In developing the model required under
subsection (a), the Attorney General shall consult with such experts
within the Federal government (including the Office on Violence Against
Women of the Department of Justice), within Indian Tribes (as defined
in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)), within Native Hawaiian organizations (as defined
in section 6207 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517)), and in the victim service provider community
(including sexual and domestic violence and homelessness, job training
and job placement service providers) as are necessary to the completion
of a comprehensive plan.
(c) Contents.--The model required under subsection (a) shall
address, at a minimum--
(1) the development by the Bureau of Prisons of a contract for
gender collaborative services; and
(2) identification by re-entry affairs coordinators and
responsive planning for the needs of re-entering women with respect
to--
(A) housing, including risk of homelessness;
(B) previous exposure to and risk for domestic and sexual
violence;
(C) the need for parenting classes, assistance securing
childcare, or assistance in seeking or securing jobs that
afford flexibility (as might be necessary in the re-entry,
parenting or other contexts);
(D) other support tailored to the needs of Indigenous
women, including American Indian, Alaska Native, and Native
Hawaiian women; and
(E) the need to ensure a family-focused reentry, by--
(i) including incarcerated mothers, their children, and
their caregivers to create family reentry planning and
programming; and
(ii) informing reentry information to visiting
families.
SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.
To carry out this title, there are authorized to be appropriated
$8,000,000 for each of fiscal years 2023 through 2027.
TITLE XI--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY
SEC. 1101. NICS DENIAL NOTIFICATION ACT OF 2022.
(a) Short Title.--This section may be cited as the ``NICS Denial
Notification Act of 2022''.
(b) Local Law Enforcement Authority Defined.--Section 921(a) of
title 18, United States Code, is amended by adding at the end the
following:
``(36) The term `local law enforcement authority' means a
bureau, office, department or other authority of a State or local
government or Tribe that has jurisdiction to investigate a
violation or potential violation of, or enforce, a State, local, or
Tribal law.''.
(c) Amendment.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State authorities
``(a) In General.--If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) (referred to in this section
as `NICS') provides a notice pursuant to section 922(t) that the
receipt of a firearm by a person would violate subsection (g) or (n) of
section 922 or State, local, or Tribal law, the Attorney General shall,
in accordance with subsection (b) of this section--
``(1) report to the local law enforcement authority of the
State or Tribe where the person sought to acquire the firearm and,
if different, the local law enforcement authorities of the State or
Tribe of residence of the person--
``(A) that the notice was provided;
``(B) the Federal, State, local or Tribal prohibition;
``(C) the date and time the notice was provided;
``(D) the location of the licensee where the firearm was
sought to be transferred; and
``(E) the identity of the person; and
``(2) where practicable, report the incident to State and local
prosecutors or Tribal prosecutors in the jurisdiction where the
firearm transfer was sought.
``(b) Requirements for Report.--A report is made in accordance with
this subsection if the report is made under subsection (a) within 24
hours after the NICS denies a firearm transfer in accordance with
section 922(t) of title 18, United States Code, except that the making
of the report may be delayed for so long as is necessary to avoid
compromising an ongoing investigation.
``(c) Amendment of Report.--If a report is made in accordance with
subsection (b) and, after such report is made, the Federal Bureau of
Investigation determines that the receipt of a firearm by a person for
whom the report was made would not violate subsection (g) or (n) of
section 922 or State, local, or Tribal law, the Attorney General shall
notify any law enforcement authority and any prosecutor to whom the
report was made of that determination.
``(d) Rule of Construction.--Nothing in subsection (a) shall be
construed to require a report with respect to a person to be made to
the same State authorities that made the original denial determination
with respect to the transfer of the firearm.''.
(d) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, is amended by inserting after the item
relating to section 925A the following:
``925B. Reporting of background check denials to State authorities.''.
SEC. 1102. ANNUAL REPORT TO CONGRESS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 1101, is amended by inserting after section 925B the
following:
``Sec. 925C. Annual report to Congress
``Not later than 1 year after the date of enactment of this
section, and annually thereafter, the Attorney General shall submit to
Congress a report detailing the following, broken down by Federal
judicial district:
``(1) With respect to each category of persons prohibited by
subsection (g) or (n) of section 922 or State law from receiving or
possessing a firearm who are so denied a firearm--
``(A) the number of denials;
``(B) the number of denials referred to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives;
``(C) the number of denials for which the Bureau of
Alcohol, Tobacco, Firearms, and Explosives determines that the
person denied was not prohibited by subsection (g) or (n) of
section 922 or State law from receiving or possessing a
firearm;
``(D) the number of denials overturned through the appeals
process of the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901);
``(E) the number of denials with respect to which an
investigation was opened by a field division of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives;
``(F) the number of persons charged with a Federal criminal
offense in connection with a denial; and
``(G) the number of convictions obtained by Federal
authorities in connection with a denial.
``(2) The number of background check notices reported pursuant
to section 925B (including the number of the notices that would
have been so reported but for section 925B(c)).''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, as amended by section 1101, is amended by
inserting after the item relating to section 925B the following:
``925C. Annual report to Congress.''.
SEC. 1103. SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED
ATTORNEYS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 1102, is further amended by inserting after section
925C the following:
``Sec. 925D. Special assistant U.S. attorneys and cross-deputized
attorneys
``(a) In General.--In order to improve the enforcement of
paragraphs (8) and (9) of section 922(g), the Attorney General may--
``(1) appoint, in accordance with section 543 of title 28,
qualified State, Tribal, territorial and local prosecutors and
qualified attorneys working for the United States government to
serve as special assistant United States attorneys for the purpose
of prosecuting violations of such paragraphs; and
``(2) deputize State, Tribal, territorial and local law
enforcement officers for the purpose of enhancing the capacity of
the agents of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives in responding to and investigating violations of such
paragraphs.
``(b) Improve Intimate Partner and Public Safety.--The Attorney
General shall--
``(1) identify not fewer than 75 jurisdictions among States,
territories and Tribes where there are high rates of firearms
violence and threats of firearms violence against intimate partners
and other persons protected under paragraphs (8) and (9) of section
922(g) and where local authorities lack the resources to address
such violence;
``(2) make such appointments as described in subsection (a) in
jurisdictions where enhanced enforcement of such paragraphs is
necessary to reduce firearms homicide and injury rates; and
``(3) establish, in order to receive and expedite requests for
assistance from State, Tribal, territorial, and local law
enforcement agencies responding to intimate partner violence cases
where such agencies have probable cause to believe that the
offenders may be in violation of such paragraphs, points of contact
within--
``(A) each Field Division of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives; and
``(B) each District Office of the United States Attorneys.
``(c) Qualified Defined.--For purposes of this section, the term
`qualified' means, with respect to an attorney, that the attorney is a
licensed attorney in good standing with any relevant licensing
authority.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, as amended by this Act, is further
amended by inserting after the item relating to section 925C the
following:
``925D. Special assistant U.S. attorneys and cross-deputized
attorneys.''.
SEC. 1104. UNLAWFUL ACTS.
(a) Misdemeanor Crime of Domestic Violence Defined.--Section
921(a)(33)(A)(i) of title 18, United States Code, is amended by
striking ``or Tribal law'' and inserting ``, Tribal, or local law''.
(b) Transfers.-- Section 922(t) of title 18, United States Code, is
amended-
(1) in paragraph (1)(B)(ii), by inserting ``, or State, local,
or Tribal law'' after ``subsection (g) or (n) of this section'';
(2) in paragraph (2), in the matter preceding subparagraph (A),
by inserting ``, local or Tribal'' after ``State'';
(3) in paragraph (4), by inserting ``local, or Tribal'' after
``State''; and
(4) in paragraph (5), by inserting ``local, or Tribal'' after
``State''.
SEC. 1105. REVIEW ON CRIMINAL OFFENSES AFFECTING NATIVE HAWAIIANS.
(a) Native Hawaiian Defined.--In this section, the term ``Native
Hawaiian'' has the meaning given the term in section 801 of the Native
American Housing Assistance and Self-Determination Act (25 U.S.C.
4221).
(b) Review of Relevant Federal Crime Prevention, Victim Service,
and Criminal Justice Programs Serving Native Hawaiians.--
(1) Report.--Not later than 18 months after the date of
enactment of this Act, the Attorney General shall submit a report
to Congress containing the following:
(A) The results and findings of the comprehensive review
required to be conducted under paragraph (2).
(B) The amount of Federal funding received by Native
Hawaiian-serving organizations from relevant Federal programs,
including the percentage of each such amount of funding
received by Native Hawaiian-serving organizations relative to
the total amount of funding dispersed for each relevant Federal
program.
(C) Recommendations and legislative proposals to--
(i) improve how relevant Federal programs address the
needs of Native Hawaiians;
(ii) improve responses to and investigation of
incidences of missing or murdered Native Hawaiians;
(iii) reduce the likelihood that a Native Hawaiian may
become involved in the criminal justice system; and
(iv) address any other relevant matters deemed
necessary by the Attorney General.
(2) Comprehensive review.--The Attorney General shall conduct a
comprehensive review of relevant Federal programs.
(3) Relevant federal program.--In this subsection, the term
``relevant Federal program'' means any--
(A) law enforcement or other crime prevention program
targeting criminal offenses that affect Native Hawaiians,
including child sexual exploitation, child abuse, intimate
partner violence, human trafficking, missing or murdered
individuals, and substance abuse;
(B) any program that provide services to victims of
criminal offenses affecting Native Hawaiians, including child
sexual exploitation, child abuse, intimate partner violence,
human trafficking, and substance abuse; and
(C) any criminal justice system program or service
available to and used by Native Hawaiians in various
jurisdictions, including diversion programs, in-prison
education programs, and reentry services.
(c) Report on Native Hawaiians in the Criminal Justice System.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, acting through the
National Institute of Justice, in coordination with the Bureau of
Justice Statistics, shall prepare a report on the interaction of
Native Hawaiians with the criminal justice system.
(2) Contents of report.--The report required under this
subsection shall include--
(A) known statistics related to the percentage of persons
who are Native Hawaiians out of the total of--
(i) all persons arrested;
(ii) all persons detained in Federal, State, and local
jails;
(iii) all persons subject to pretrial supervision;
(iv) all persons subject to post-conviction
supervision;
(v) all persons incarcerated in Federal and State
prisons; and
(vi) all persons subject to post-release supervision;
(B) an explanation of why the statistics described in
subparagraph (A) may not be comprehensive;
(C) recommendations on how data collection related to the
statistics described in subparagraph (A) could be improved;
(D) a description of any culturally relevant programs
available to Native Hawaiians who interact with the Federal
criminal justice system; and
(E) a summary of any available data on the number of Native
Hawaiians who are incarcerated and placed in Federal and
private correctional facilities more than 200 miles from their
place of residence.
TITLE XII--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Closing the Law Enforcement
Consent Loophole Act of 2022''.
SEC. 1202. PENALTIES FOR CIVIL RIGHTS OFFENSES INVOLVING SEXUAL
MISCONDUCT.
(a) Amendment.--
(1) In general.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 250. Penalties for civil rights offenses involving sexual
misconduct
``(a) Offense.--It shall be unlawful for any person to, in the
course of committing an offense under this chapter or under section 901
of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another
to engage in, sexual misconduct.
``(b) Penalties.--Any person who violates subsection (a) shall be--
``(1) in the case of an offense involving aggravated sexual
abuse, as defined in section 2241, or if the offense involved
sexual abuse, as defined in section 2242, or if the offense
involved an attempt to commit such aggravated sexual abuse or
sexual abuse, fined under this title and imprisoned for any term of
years or for life;
``(2) in the case of an offense involving abusive sexual
contact of a child who has not attained the age of 16, of the type
prohibited by section 2244(a)(5), fined under this title and
imprisoned for any term of years or for life;
``(3) in the case of an offense involving a sexual act, as
defined in section 2246, with another person without the other
person's permission, and it does not amount to sexual abuse or
aggravated sexual abuse, be fined under this title and imprisoned
for not more than 40 years;
``(4) in the case of an offense involving abusive sexual
contact of the type prohibited by subsection (a)(1) or (b) of
section 2244, but excluding abusive sexual contact through the
clothing--
``(A) fined under this title and imprisoned for not more
than 10 years; and
``(B) if the offense involves a child who has not attained
the age of 12 years, imprisoned for not more than 30 years;
``(5) in the case of an offense involving abusive sexual
contact of the type prohibited by section 2244(a)(2)--
``(A) fined under this title and imprisoned for not more
than 3 years; and
``(B) if the offense involves a child under the age of 12,
imprisoned for not more than 20 years; and
``(6) in the case of an offense involving abusive sexual
contact through the clothing of the type prohibited by subsection
(a)(3), (a)(4), or (b) of section 2244--
``(A) fined under this title and imprisoned for not more
than 2 years; and
``(B) if the offense involves a child under the age of 12,
imprisoned for not more than 10 years.''.
(2) Technical and conforming amendment.--The table of sections
for chapter 13 of title 18, United States Code, is amended by
inserting after the item relating to section 249 the following:
``250. Penalties for civil rights offenses involving sexual
misconduct.''.
(b) Sexual Abuse.--Section 2242 of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2)(B), by inserting ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) engages in a sexual act with another person without that
other person's consent, to include doing so through coercion;''.
(c) Sexual Abuse of a Minor, a Ward, or an Individual in Federal
Custody.--
(1) In general.--Section 2243 of title 18, United States Code,
is amended--
(A) by striking the section heading and inserting ``Sexual
abuse of a minor, a ward, or an individual in Federal
custody'';
(B) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(C) by adding after subsection (b) the following:
``(c) Of an Individual in Federal Custody.--Whoever, while acting
in their capacity as a Federal law enforcement officer, knowingly
engages in a sexual act with an individual who is under arrest, under
supervision, in detention, or in Federal custody, shall be fined under
this title, imprisoned not more than 15 years, or both.''.
(2) Clerical amendment.--The table of sections for chapter 109A
of title 18, United States Code, is amended by striking the item
relating to section 2243 and inserting the following:
``2243. Sexual abuse of a minor, a ward, or an individual in Federal
custody.''.
(d) Abusive Sexual Contact.--Section 2244(a) of title 18, United
States Code, is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) subsection (c) of section 2243 of this title had the
sexual contact been a sexual act, shall be fined under this title,
imprisoned not more than two years, or both;'';
(e) Definition.--Section 2246 of title 18, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) the term `Federal law enforcement officer' has the
meaning given the term in section 115.''.
SEC. 1203. INCENTIVES FOR STATES.
(a) Authority To Make Grants.--The Attorney General is authorized
to make grants to States that have in effect a law that--
(1) makes it a criminal offense for any person acting under
color of law of the State to knowingly engage in a sexual act with
an individual who is under arrest, in detention, or otherwise in
the actual custody of any law enforcement officer; and
(2) prohibits a person charged with an offense described in
paragraph (1) from asserting the consent of the other individual as
a defense.
(b) Reporting Requirement.--A State that receives a grant under
this section shall submit to the Attorney General, on an annual basis,
information on--
(1) the number of reports made to law enforcement agencies in
that State regarding persons engaging in a sexual act while acting
under color of law during the previous year; and
(2) the disposition of each case in which sexual misconduct by
a person acting under color of law was reported during the previous
year.
(c) Application.--A State seeking a grant under this section shall
submit an application to the Attorney General at such time, in such
manner, and containing such information as the Attorney General may
reasonably require, including information about the law described in
subsection (a).
(d) Grant Amount.--The amount of a grant to a State under this
section shall be in an amount that is not greater than 10 percent of
the average of the total amount of funding of the 3 most recent awards
that the State received under the following grant programs:
(1) Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to
as the ``STOP Violence Against Women Formula Grant Program'').
(2) Section 41601 of the Violence Against Women Act of 1994 (34
U.S.C. 12511) (commonly referred to as the ``Sexual Assault
Services Program'').
(e) Grant Term.--
(1) In general.--The Attorney General shall provide an increase
in the amount provided to a State under the grant programs
described in subsection (d) for a 2-year period.
(2) Renewal.--A State that receives a grant under this section
may submit an application for a renewal of such grant at such time,
in such manner, and containing such information as the Attorney
General may reasonably require.
(3) Limit.--A State may not receive a grant under this section
for more than 4 years.
(f) Uses of Funds.--A State that receives a grant under this
section shall use--
(1) 25 percent of such funds for any of the permissible uses of
funds under the grant program described in paragraph (1) of
subsection (d); and
(2) 75 percent of such funds for any of the permissible uses of
funds under the grant program described in paragraph (2) of
subsection (d).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023 through 2027.
(h) Definition.--For purposes of this section, the term ``State''
means each of the several States and the District of Columbia, Indian
Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.
SEC. 1204. REPORTS TO CONGRESS.
(a) Report by Attorney General.--Not later than 1 year after the
date of enactment of this Act, and each year thereafter, the Attorney
General shall submit to Congress and make publicly available on the
Department of Justice website a report containing--
(1) the information required to be reported to the Attorney
General under section 1203(b); and
(2) information on--
(A) the number of reports made, during the previous year,
to Federal law enforcement agencies regarding persons engaging
in a sexual act while acting under color of law; and
(B) the disposition of each case in which sexual misconduct
by a person acting under color of law was reported.
(b) Report by GAO.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Comptroller
General of the United States shall submit to Congress a report on any
violations of section 2243(c) of title 18, United States Code, as
amended by section 1302, committed during the 1-year period covered by
the report.
(c) Report by Attorney General on Conflicts Between State's
Marriage-age and Age-based Sex Offenses.--Not later than 1 year after
the date of enactment of this Act, and each year thereafter, the
Attorney General shall submit to Congress a report that examines
inconsistencies between State laws on marriage-age and State laws on
age-based sex offenses and, in particular, States with laws that--
(1) provide an exception to definitions of age-based sex
offenses (including statutory rape), or a defense to prosecution
for such offenses, based on the marriage of the perpetrator to the
victim; or
(2) allow marriages between parties at ages, or with age
differences between them, such that sexual acts between those
parties outside of marriage would constitute an age-based sex
offense (including statutory rape).
SEC. 1205. DEFINITION.
In this title, the term ``sexual act'' has the meaning given the
term in section 2246 of title 18, United States Code.
TITLE XIII--OTHER MATTERS
SEC. 1301. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
Section 40603 of the Violence Against Women Act of 1994 (34 U.S.C.
12402) is amended by striking ``2014 through 2018'' and inserting
``2023 through 2027''.
SEC. 1302. FEDERAL VICTIM AND WITNESS COORDINATORS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1910) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND WITNESS
COORDINATORS.
``There are authorized to be appropriated for the United States
attorneys for the purpose of appointing victim and witness coordinators
for the prosecution of sex crimes and domestic violence crimes where
applicable (such as the District of Columbia), $1,000,000 for each of
fiscal years 2023 through 2027.''.
SEC. 1303. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS REAUTHORIZATION.
Section 224(a) of the Crime Control Act of 1990 (34 U.S.C.
20334(a)) is amended by striking ``subtitle'' and all that follows and
inserting ``subtitle $2,300,000 for each of fiscal years 2023 through
2027''.
SEC. 1304. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violent Crime Control and Law Enforcement
Act of 1994 (34 U.S.C. 12311(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 1305. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 219(a) of the Crime Control Act of 1990 (34 U.S.C.
20324(a)) is amended by striking ``2014 through 2018'' and inserting
``2023 through 2027''.
SEC. 1306. REVIEW OF LINK BETWEEN SUBSTANCE USE AND VICTIMS OF DOMESTIC
VIOLENCE DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Health and Human Services shall complete a review and
submit to Congress a report on whether being a victim of domestic
violence, dating violence, sexual assault, or stalking increases the
likelihood of having a substance use disorder.
SEC. 1307. INTERAGENCY WORKING GROUP TO STUDY FEDERAL EFFORTS TO
COLLECT DATA ON SEXUAL VIOLENCE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish an
interagency working group to study Federal efforts to collect data on
sexual violence and to make recommendations on the harmonization of
such efforts.
(b) Composition.--The Working Group shall be comprised of at least
one representative from each of the following agencies, who shall be
selected by the head of that agency:
(1) The Centers for Disease Control and Prevention.
(2) The Department of Education.
(3) The Department of Health and Human Services.
(4) The Department of Justice.
(5) The Equal Employment Opportunity Commission.
(c) Duties.--The Working Group shall consider the following:
(1) What activity constitutes different acts of sexual
violence.
(2) Whether reports that use the same terms for acts of sexual
violence are collecting the same data on these acts.
(3) Whether the context which led to an act of sexual violence
should impact how that act is accounted for in reports.
(4) Whether the data collected is presented in a way that
allows the general public to understand what acts of sexual
violence are included in each measurement.
(5) Steps that agencies that compile reports relating to sexual
violence can take to avoid double counting incidents of sexual
violence.
(d) Report Required.--Not later than 2 years after the date of
enactment of this Act, the Working Group shall publish and submit to
Congress a report on the following:
(1) The activities of the Working Group.
(2) Recommendations to harmonize Federal efforts to collect
data on sexual violence.
(3) Actions Federal agencies can take to implement the
recommendations described in paragraph (2).
(4) Recommendations, if any, for congressional action to
implement the recommendations described in paragraph (2).
(e) Termination.--The Working Group shall terminate 30 days after
the date on which the report is submitted pursuant to subsection (d).
(f) Definitions.--In this section:
(1) Harmonize.--The term ``harmonize'' includes efforts to
coordinate sexual violence data collection to produce complementary
information, as appropriate, without compromising programmatic
needs.
(2) Sexual violence.--The term ``sexual violence'' includes an
unwanted sexual act (including both contact and non-contact) about
which the Federal Government collects information.
(3) Working group.--The term ``Working Group'' means the
interagency working group established under subsection (a).
SEC. 1308. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE; ASSISTANCE FOR
MICROBUSINESSES.
Section 41501(b) of the Violence Against Women Act of 1994 (34
U.S.C. 12501(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``companies and public entities'' and
inserting ``companies, public entities''; and
(B) by inserting ``, and employers with fewer than 20
employees'' after ``State and local governments''; and
(2) in paragraph (3), by inserting before the period at the end
the following: ``, which materials shall include a website with
resources for employers with fewer than 20 employees, including
live training materials''.
SEC. 1309. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE IMAGES.
(a) Definitions.--In this section:
(1) Commercial pornographic content.--The term ``commercial
pornographic content'' means any material that is subject to the
record keeping requirements under section 2257 of title 18, United
States Code.
(2) Consent.--The term ``consent'' means an affirmative,
conscious, and voluntary authorization made by the individual free
from force, fraud, misrepresentation, or coercion.
(3) Depicted individual.--The term ``depicted individual''
means an individual whose body appears in whole or in part in an
intimate visual depiction and who is identifiable by virtue of the
person's face, likeness, or other distinguishing characteristic,
such as a unique birthmark or other recognizable feature, or from
information displayed in connection with the visual depiction.
(4) Disclose.--The term ``disclose'' means to transfer,
publish, distribute, or make accessible.
(5) Intimate visual depiction.--The term ``intimate visual
depiction''--
(A) means a visual depiction, as that term is defined in
section 2256(5) of title 18, United States Code, that depicts--
(i) the uncovered genitals, pubic area, anus, or post-
pubescent female nipple of an identifiable individual; or
(ii) the display or transfer of bodily sexual fluids--
(I) on to any part of the body of an identifiable
individual;
(II) from the body of an identifiable individual;
or
(III) an identifiable individual engaging in
sexually explicit conduct and
(B) includes any visual depictions described in
subparagraph (A) produced while the identifiable individual was
in a public place only if the individual did not--
(i) voluntarily display the content depicted; or
(ii) consent to the sexual conduct depicted.
(6) Sexually explicit conduct.--The term ``sexually explicit
conduct'' has the meaning given the term in subparagraphs (A) and
(B) of section 2256(2) of title 18, United States Code.
(b) Civil Action.--
(1) Right of action.--
(A) In general.--Except as provided in paragraph (4), an
individual whose intimate visual depiction is disclosed, in or
affecting interstate or foreign commerce or using any means or
facility of interstate or foreign commerce, without the consent
of the individual, where such disclosure was made by a person
who knows that, or recklessly disregards whether, the
individual has not consented to such disclosure, may bring a
civil action against that person in an appropriate district
court of the United States for relief as set forth in paragraph
(3).
(B) Rights on behalf of certain individuals.--In the case
of an individual who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the
individual or representative of the identifiable individual's
estate, another family member, or any other person appointed as
suitable by the court, may assume the identifiable
individual's' rights under this section, but in no event shall
the defendant be named as such representative or guardian.
(2) Consent.--For purposes of an action under paragraph (1)--
(A) the fact that the individual consented to the creation
of the depiction shall not establish that the person consented
to its distribution; and
(B) the fact that the individual disclosed the intimate
visual depiction to someone else shall not establish that the
person consented to the further disclosure of the intimate
visual depiction by the person alleged to have violated
paragraph (1).
(3) Relief.--
(A) In general.--In a civil action filed under this
section--
(i) an individual may recover the actual damages
sustained by the individual or liquidated damages in the
amount of $150,000, and the cost of the action, including
reasonable attorney's fees and other litigation costs
reasonably incurred; and
(ii) the court may, in addition to any other relief
available at law, order equitable relief, including a
temporary restraining order, a preliminary injunction, or a
permanent injunction ordering the defendant to cease
display or disclosure of the visual depiction.
(B) Preservation of anonymity.--In ordering relief under
subparagraph (A), the court may grant injunctive relief
maintaining the confidentiality of a plaintiff using a
pseudonym.
(4) Exceptions.--An identifiable individual may not bring an
action for relief under this section relating to--
(A) an intimate image that is commercial pornographic
content, unless that content was produced by force, fraud,
misrepresentation, or coercion of the depicted individual;
(B) a disclosure made in good faith--
(i) to a law enforcement officer or agency;
(ii) as part of a legal proceeding;
(iii) as part of medical education, diagnosis, or
treatment; or
(iv) in the reporting or investigation of--
(I) unlawful content; or
(II) unsolicited or unwelcome conduct;
(C) a matter of public concern or public interest; or
(D) a disclosure reasonably intended to assist the
identifiable individual.
SEC. 1310. CHOOSE RESPECT ACT.
(a) Short Title.--This section may be cited as the ``Choose Respect
Act''.
(b) Designation.--
(1) In general.--Chapter 1 of title 36, United States Code, is
amended by adding at the end the following:
``Sec. 146. Choose Respect Day
``(a) Designation.--October 1 is Choose Respect Day.
``(b) Recognition.--All private citizens, organizations, and
Federal, State, and local governmental and legislative entities are
encouraged to recognize Choose Respect Day through proclamations,
activities, and educational efforts in furtherance of changing the
culture around the tolerance of violence against women.''.
(2) Technical and conforming amendment.--The table of sections
for chapter 1 of title 36, United States Code, is amended by adding
at the end the following:
``146. Choose Respect Day.''.
(c) Media Campaign.--
(1) Definitions.--In this subsection:
(A) Director.--The term ``Director'' means the Director of
the Office on Violence Against Women.
(B) National media campaign.--The term ``national media
campaign'' means the national ``Choose Respect'' media campaign
described in paragraph (2).
(2) Media campaign.--The Director shall, to the extent feasible
and appropriate, conduct a national ``Choose Respect'' media
campaign in accordance with this section for the purposes of--
(A) preventing and discouraging violence against women,
including domestic violence, dating violence, sexual assault,
and stalking by targeting the attitudes, perceptions, and
beliefs of individuals who have or are likely to commit such
crimes;
(B) encouraging victims of the crimes described in
subparagraph (A) to seek help through the means determined to
be most effective by the most current evidence available,
including seeking legal representation; and
(C) informing the public about the help available to
victims of the crimes described in subparagraph (A).
(3) Use of funds.--
(A) In general.--Amounts made available to carry out this
section for the national media campaign may only be used for
the following:
(i) The purchase of media time and space, including the
strategic planning for, tracking, and accounting of, such
purchases.
(ii) Creative and talent costs, consistent with
subparagraph (B).
(iii) Advertising production costs, which may include
television, radio, internet, social media, and other
commercial marketing venues.
(iv) Testing and evaluation of advertising.
(v) Evaluation of the effectiveness of the national
media campaign.
(vi) Costs of contracts to carry out activities
authorized by this subsection.
(vii) Partnerships with professional and civic groups,
community-based organizations, including faith-based
organizations and culturally specific organizations, and
government organizations related to the national media
campaign.
(viii) Entertainment industry outreach, interactive
outreach, media projects and activities, public
information, news media outreach, corporate sponsorship and
participation, and professional sports associations and
military branch participation.
(ix) Operational and management expenses.
(B) Specific requirements.--
(i) Creative services.--In using amounts for creative
and talent costs under subparagraph (A), the Director shall
use creative services donated at no cost to the Government
wherever feasible and may only procure creative services
for advertising--
(I) responding to high-priority or emergent
campaign needs that cannot timely be obtained at no
cost; or
(II) intended to reach a minority, ethnic, or other
special audience that cannot reasonably be obtained at
no cost.
(ii) Testing and evaluation of advertising.--In using
amounts for testing and evaluation of advertising under
subparagraph (A)(iv), the Director shall test all
advertisements prior to use in the national media campaign
to ensure that the advertisements are effective with the
target audience and meet industry-accepted standards. The
Director may waive this requirement for advertisements
using not more than 10 percent of the purchase of
advertising time purchased under this section in a fiscal
year and not more than 10 percent of the advertising space
purchased under this section in a fiscal year, if the
advertisements respond to emergent and time-sensitive
campaign needs or the advertisements will not be widely
utilized in the national media campaign.
(iii) Consultation.--For the planning of the campaign
under paragraph (2), the Director may consult with--
(I) the Office for Victims of Crime, the
Administration on Children, Youth and Families, and
other related Federal Government entities;
(II) State, local, and Indian Tribal governments;
(III) the prevention of domestic violence, dating
violence, sexual assault, or stalking, including
national and local non-profits; and
(IV) communications professionals.
(iv) Evaluation of effectiveness of national media
campaign.--In using amounts for the evaluation of the
effectiveness of the national media campaign under
subparagraph (A)(v), the Attorney General shall--
(I) designate an independent entity to evaluate by
April 20 of each year the effectiveness of the national
media campaign based on data from any relevant studies
or publications, as determined by the Attorney General,
including tracking and evaluation data collected
according to marketing and advertising industry
standards; and
(II) ensure that the effectiveness of the national
media campaign is evaluated in a manner that enables
consideration of whether the national media campaign
has contributed to changes in attitude or behaviors
among the target audience with respect to violence
against women and such other measures of evaluation as
the Attorney General determines are appropriate.
(4) Advertising.--In carrying out this subsection, the Director
shall ensure that sufficient funds are allocated to meet the stated
goals of the national media campaign.
(5) Responsibilities and functions under the program.--
(A) In general.--The Director shall determine the overall
purposes and strategy of the national media campaign.
(B) Director.--
(i) In general.--The Director shall approve--
(I) the strategy of the national media campaign;
(II) all advertising and promotional material used
in the national media campaign; and
(III) the plan for the purchase of advertising time
and space for the national media campaign.
(ii) Implementation.--The Director shall be responsible
for implementing a focused national media campaign to meet
the purposes described in paragraph (2) and shall ensure--
(I) information disseminated through the campaign
is accurate and scientifically valid; and
(II) the campaign is designed using strategies
demonstrated to be the most effective at achieving the
goals and requirements of paragraph (2), which may
include--
(aa) a media campaign, as described in
paragraph (3);
(bb) local, regional, or population specific
messaging;
(cc) the development of websites to publicize
and disseminate information;
(dd) conducting outreach and providing
educational resources for women;
(ee) collaborating with law enforcement
agencies; and
(ff) providing support for school-based public
health education classes to improve teen knowledge
about the effects of violence against women.
(6) Prohibitions.--None of the amounts made available under
paragraph (3) may be obligated or expended for any of the
following:
(A) To supplant current antiviolence against women
campaigns by community-based coalitions.
(B) To supplant pro bono public service time donated by
national and local broadcasting networks for other public
service campaigns.
(C) For partisan political purposes, or to express advocacy
in support of or to defeat any clearly identified candidate,
clearly identified ballot initiative, or clearly identified
legislative or regulatory proposal.
(D) To fund advertising that features any elected
officials, persons seeking elected office, cabinet level
officials, or other Federal officials employed pursuant to
schedule C of subpart C of title 5, Code of Federal
Regulations.
(E) To fund advertising that does not contain a primary
message intended to reduce or prevent violence against women.
(F) To fund advertising containing a primary message
intended to promote support for the national media campaign or
private sector contributions to the national media campaign.
(7) Financial and performance accountability.--The Director
shall cause to be performed--
(A) audits and reviews of costs of the national media
campaign pursuant to section 4706 of title 41, United States
Code; and
(B) an audit to determine whether the costs of the national
media campaign are allowable under chapter 43 of title 41,
United States Code.
(8) Report to congress.--The Director shall submit on an annual
basis a report to Congress that describes--
(A) the strategy of the national media campaign and whether
specific objectives of the national media campaign were
accomplished;
(B) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the national media campaign;
(C) plans to purchase advertising time and space;
(D) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse;
(E) all contracts entered into with a corporation,
partnership, or individual working on behalf of the national
media campaign;
(F) the results of any financial audit of the national
media campaign;
(G) a description of any evidence used to develop the
national media campaign;
(H) specific policies and steps implemented to ensure
compliance with this subsection;
(I) a detailed accounting of the amount of funds obligated
during the previous fiscal year for carrying out the national
media campaign, including each recipient of funds, the purpose
of each expenditure, the amount of each expenditure, any
available outcome information, and any other information
necessary to provide a complete accounting of the funds
expended; and
(J) a review and evaluation of the effectiveness of the
national media campaign strategy for the previous year.
(9) Authorization of appropriations.--There are authorized to
be appropriated to the Director to carry out this section
$5,000,000 for each of fiscal years 2023 through 2027, to remain
available until expended.
SEC. 1311. TECHNICAL CORRECTION TO VICTIMS OF CRIME ACT.
Section 1403(a)(1) of the Victims of Crime Act of 1984 (34 U.S.C.
20102(a)(1)) is amended by striking ``paragraph (3)'' and inserting
``paragraph (4)''.
SEC. 1312. ELIMINATING THE MARRIAGE DEFENSE TO STATUTORY RAPE.
Section 2243(c) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``(1) In a'' and inserting
``In a''; and
(2) by striking paragraph (2).
SEC. 1313. SENIOR POLICY ADVISOR ON CULTURALLY SPECIFIC COMMUNITIES
WITHIN THE OFFICE OF JUSTICE PROGRAMS.
(a) Establishment; Duties.--There shall be a Senior Policy Advisor
on Culturally Specific Communities within the Office of Justice
Programs who shall, under the guidance and authority of the Assistant
Attorney General of the Office of Justice Programs--
(1) advise on the administration of grants related to
culturally specific (as defined in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a))) services and
contracts with culturally specific organizations;
(2) coordinate development of Federal policy, protocols, and
guidelines on matters relating to domestic violence, dating
violence, sexual assault, and stalking (as those terms are defined
in section 40002(a) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(a)), in culturally specific communities;
(3) advise the Assistant Attorney General for the Office of
Justice Programs concerning policies, legislation, implementation
of laws, and other issues relating to domestic violence, dating
violence, sexual assault, and stalking in culturally specific
communities;
(4) provide technical assistance, coordination, and support to
other offices and bureaus in the Department of Justice to develop
policy and to enforce Federal laws relating to domestic violence,
dating violence, sexual assault, and stalking in culturally
specific communities;
(5) ensure that appropriate technical assistance, developed and
provided by entities having expertise in culturally specific
communities, is made available to grantees and potential grantees
proposing to serve culturally specific communities; and
(6) ensure access to grants and technical assistance for
culturally specific organizations and analyze the distribution of
funding in order to identify barriers for culturally specific
organizations.
(b) Qualifications.--The Senior Policy Advisor on Culturally
Specific Communities shall be an individual with--
(1) personal, lived, and work experience from a culturally
specific community; and
(2) a demonstrated history of and expertise in addressing
domestic violence or sexual assault in a nongovernmental agency.
(c) Initial Appointment.--Not later than 120 days after the date of
enactment of this Act, the Assistant Attorney General of the Office of
Justice Programs shall appoint an individual as Senior Policy Advisor
on Culturally Specific Communities.
SEC. 1314. TASK FORCE ON SEXUAL VIOLENCE IN EDUCATION.
(a) Task Force on Sexual Violence in Education.--Not later than
September 1, 2022, the Secretary of Education, the Secretary of Health
and Human Services, and the Attorney General shall establish a joint
interagency task force to be known as the ``Task Force on Sexual
Violence in Education'' that shall--
(1) provide pertinent information to the Secretary of
Education, the Attorney General, Congress, and the public with
respect to campus sexual violence prevention, investigations, and
responses, including the creation of consistent, public complaint
processes for violations of title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.) and section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f));
(2) provide recommendations to educational institutions for
establishing sexual assault prevention and response teams;
(3) develop recommendations for educational institutions on
providing survivor resources, including health care, sexual assault
kits, sexual assault nurse examiners, culturally responsive and
inclusive standards of care, trauma-informed services, and access
to confidential advocacy and support services;
(4) develop recommendations in conjunction with student groups
for best practices for responses to and prevention of sexual
violence and dating violence for educational institutions, taking
into consideration an institution's size and resources;
(5) develop recommendations for educational institutions on sex
education, as appropriate, training for school staff, and various
equitable discipline models;
(6) develop recommendations on culturally responsive and
inclusive approaches to supporting survivors, which include
consideration of race, ethnicity, national origin, religion,
immigrant status, lesbian, gay, bisexual, or transgender (commonly
referred to as ``LGBT'') status, ability, disability, socio-
economic status, exposure to trauma, and other compounding factors;
(7) solicit periodic input from a diverse group of survivors,
trauma specialists, advocates from national, State, and local anti-
sexual violence advocacy organizations, institutions of higher
education, and other public stakeholders;
(8) assess the Department of Education's ability under section
902 of the Education Amendments of 1972 (20 U.S.C. 1682) to levy
intermediate fines for noncompliance with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and the advisability of
additional remedies for such noncompliance, in addition to the
remedies already available under Federal law; and
(9) create a plan described in subsection (c).
(b) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other provision
of law, the head of a component of any Federal agency for which
appropriations are authorized under the Violence Against Women Act
of 1994 (34 U.S.C. 13925 et seq.), or any amendments made by that
Act, may detail an officer or employee of such component to the
Task Force on Sexual Violence in Education or to the Secretary of
Education to assist the Task Force with the duties described in
subsection (a), as jointly agreed to by the head of such component
and the Task Force.
(2) Terms of detail.--A personnel detail made under paragraph
(1) may be made--
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(c) Additional Plan.--Not later than 90 days after the date on
which the Task Force on Sexual Violence in Education is established
under subsection (a), the Task Force shall submit to Congress
recommendations for recruiting, retaining, and training a highly-
qualified workforce employed by the Department of Education to carry
out investigation of complaints alleging a violation of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 485(f)
of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), and
enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section
485(f) (20 U.S.C. 1092(f)), with respect to sexual violence in
education, which shall include--
(1) an assessment to identify gaps or challenges in carrying
out such investigation and enforcement, which may include surveying
the current investigative workforce to solicit feedback on areas in
need of improvement;
(2) an examination of issues of recruiting, retention, and the
professional development of the current investigative workforce,
including the possibility of providing retention bonuses or other
forms of compensation for the purpose of ensuring the Department of
Education has the capacity, in both personnel and skills, needed to
properly perform its mission and provide adequate oversight of
educational institutions;
(3) an assessment of the benefits of outreach and training with
both law enforcement agencies and educational institutions with
respect to such workforce;
(4) an examination of best practices for making educational
institutions aware of the most effective campus sexual violence
prevention, investigation, and response practices and identifying
areas where more research should be conducted; and
(5) strategies for addressing such other matters as the
Secretary of Education considers necessary to sexual violence
prevention, investigation, and responses.
(d) Annual Reporting.--The Task Force on Sexual Violence in
Education shall submit to Congress, and make publicly available, an
annual report of its activities and any update of the plan required
under subsection (c), including--
(1) the number of complaints received regarding sexual violence
at educational institutions;
(2) the number of open investigations of sexual violence at
educational institutions;
(3) the number of such complaints that continued to resolution;
(4) the number of such complaints resolved using informal
resolution;
(5) the average time to complete such an investigation;
(6) the number of such investigations initiated based on
complaints; and
(7) the number of such investigations initiated by the
Department of Education.
(e) Definitions.--In this section:
(1) Educational institution.--The term ``educational
institution'' includes an institution of higher education, an
elementary school, or a secondary school.
(2) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the meanings
given the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002).
SEC. 1315. BREE'S LAW.
(a) Short Title.--This section may be cited as ``Bree's Law''.
(b) Teen Dating Violence Prevention.--Section 1708 of the Public
Health Service Act (42 U.S.C. 300u-7) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Certain Demonstration Projects.--
``(1) In general.--In carrying out subsection (b)(3), the
Secretary may make grants to carry out demonstration projects for
the purpose of improving adolescent health, including--
``(A) projects to train health care providers in providing
services to adolescents; and
``(B) projects to reduce the incidence of violence among
adolescents, particularly violence related to teen dating,
which shall include projects to develop and implement
educational program to increase abuse awareness and prevention.
``(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there are authorized to be appropriated
$8,000,000 for each of fiscal years 2023 through 2027.''; and
(2) by adding at the end the following:
``(g) Interagency Work Group.--
``(1) Establishment.--The Secretary shall establish the Federal
Interagency Work Group on Teen Dating Violence (referred to in this
section as the `Work Group').
``(2) In general.--
``(A) Composition.--Not later than 120 days after the date
of enactment of Bree's Law, the Secretary shall appoint
representatives to the Work Group from the Administration for
Children and Families, the Centers for Disease Control and
Prevention, the Health Resources and Services Administration,
the Department of Education, the Department of Justice, and
other Federal agencies as determined appropriate by the
Secretary.
``(B) Consultation.--The Work Group shall consult with--
``(i) experts at the State, Tribal, and local levels
with relevant backgrounds in reducing and preventing the
incidence of teen dating violence;
``(ii) victims of teen dating violence; and
``(iii) family members of teens who were killed by a
dating partner.
``(3) Duties.--The Work Group shall--
``(A) examine all Federal efforts directed towards reducing
and preventing teen dating violence;
``(B) identify strategies, resources, and supports to
improve State, Tribal, and local responses to the incidence of
teen dating violence;
``(C) make recommendations to Congress for improving
Federal programs and efforts and coordination across such
programs and efforts to reduce and prevent teen dating
violence; and
``(D) make recommendations for educating middle and high
school students on teen dating violence.
``(4) Annual report to secretary.--The Work Group shall
annually prepare and submit to the Secretary, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and Labor of the House of Representatives, a
report on the activities carried out by the Work Group under
subsection (c), including recommendations to reduce and prevent
teen dating violence.''.
SEC. 1316. FAIRNESS FOR RAPE KIT BACKLOG SURVIVORS ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Fairness for
Rape Kit Backlog Survivors Act of 2022''.
(b) Crime Victim Compensation.--Section 1403(b) of the Victims of
Crime Act of 1984 (34 U.S.C. 20102(b)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) beginning not later than 3 years after the date of
enactment of this paragraph, such program--
``(A) provides a waiver for any application filing deadline
imposed by the program for a crime victim if--
``(i) the crime victim is otherwise eligible for
compensation; and
``(ii) the delay in filing the application was a result
of a delay in the testing of, or a delay in the DNA profile
matching from, a sexual assault forensic examination kit or
biological material collected as evidence related to a
sexual offense; and
``(B) does not require the crime victim to undergo an
appeals process to have the application of the crime victim
considered for a filing deadline waiver under subparagraph (A);
and''.
SEC. 1317. STUDY RELATING TO STATE ACTIONS TO PROHIBIT AIDING AND
ABETTING SEXUAL MISCONDUCT IN SCHOOLS.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Education shall publish in the Federal Register the
findings of the Department of Education's study, as described in the
notice published in the Federal Register entitled ``Agency Information
Collection Activities; Comment Request; Study of State Policies to
Prohibit Aiding and Abetting Sexual Misconduct in Schools'' (84 Fed.
Reg. 57708 (October 28, 2019)), reviewing State actions to prohibit, in
accordance with section 8546 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7926), the aiding and abetting of sexual
misconduct in schools.
SEC. 1318. SUPPORTING ACCESS TO NURSE EXAMS ACT.
(a) Short Title.--This section may be cited as the ``Supporting
Access to Nurse Exams Act'' or the ``SANE Act''.
(b) Definitions.--Section 304 of the DNA Sexual Assault Justice Act
of 2004 (34 U.S.C. 40723) is amended by striking subsections (a), (b),
and (c) and inserting the following:
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' includes--
``(A) a State, Tribal, or local government or hospital;
``(B) a sexual assault examination program, including--
``(i) a SANE program;
``(ii) a SAFE program;
``(iii) a SART program;
``(iv) medical personnel, including a doctor or nurse,
involved in treating victims of sexual assault; and
``(v) a victim service provider involved in treating
victims of sexual assault;
``(C) a State sexual assault coalition;
``(D) a health care facility, including a hospital that
provides sexual assault forensic examinations by a qualified or
certified SANE or SAFE;
``(E) a sexual assault examination program that provides
SANE or SAFE training; and
``(F) a community-based program that provides sexual
assault forensic examinations, including pediatric forensic
exams in a multidisciplinary setting, by a qualified or
certified SANE or SAFE outside of a traditional health care
setting.
``(2) Health care facility.--The term `health care facility'
means any State, local, Tribal, community, free, nonprofit,
academic, or private medical facility, including a hospital, that
provides emergency medical care to patients.
``(3) Medical forensic examination; mfe.--The term `medical
forensic examination' or `MFE' means an examination of a sexual
assault patient by a health care provider, who has specialized
education and clinical experience in the collection of forensic
evidence and treatment of these patients, which includes--
``(A) gathering information from the patient for the
medical forensic history;
``(B) an examination;
``(C) coordinating treatment of injuries, documentation of
biological and physical findings, and collection of evidence
from the patient;
``(D) documentation of findings;
``(E) providing information, treatment, and referrals for
sexually transmitted infections, pregnancy, suicidal ideation,
alcohol and substance abuse, and other non-acute medical
concerns; and
``(F) providing follow-up as needed to provide additional
healing, treatment, or collection of evidence.
``(4) Pediatric sane and safe.--The term `pediatric SANE and
SAFE' means a SANE or SAFE who is trained to conduct sexual assault
forensic examinations on children and youth between the ages of 0
and 18.
``(5) Qualified personnel.--The term `qualified personnel'
includes a registered or advanced practice nurse, physician, doctor
of osteopathy, or physician assistant who has specialized training
conducting medical forensic examinations.
``(6) Qualified sane and safe training program.--The term
`qualified SANE and SAFE training program' means a program that--
``(A) is qualified to prepare current and future sexual
assault nurse examiners to be profession-ready and meet the
applicable State and National certification and licensure
requirements, through didactic, clinical, preceptor, or
capstone programs that include longer-term training;
``(B) provides that preparation under a health care model
that uses trauma-informed techniques; and
``(C) is approved as meeting the most recent National
Training Standards for Sexual Assault Medical Forensic
Examiners.
``(7) Rural area.--The term `rural area' has the meaning given
the term in section 40002 of the Violence Against Women Act of 1994
(34 U.S.C. 12291).
``(8) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services.
``(9) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act or sexual contact proscribed by Federal,
Tribal, or State law, including when the individual lacks capacity
to consent.
``(10) Sexual assault forensic examiner; safe.--The term
`sexual assault forensic examiner' or `SAFE' means an individual
who has specialized forensic training in treating sexual assault
survivors and conducting medical forensic examinations.
``(11) Sexual assault forensic examination.--The term `sexual
assault forensic examination' means an examination of a sexual
assault patient by a health care provider, who has specialized
education and clinical experience in the collection of forensic
evidence and treatment of these patients, which includes--
``(A) gathering information from the patient for the
medical forensic history;
``(B) an examination;
``(C) coordinating treatment of injuries, documentation of
biological and physical findings, and collection of evidence
from the patient;
``(D) documentation of findings;
``(E) providing information, treatment, and referrals for
sexually transmitted infections, pregnancy, suicidal ideation,
alcohol and substance abuse, and other non-acute medical
concerns; and
``(F) providing follow-up as needed to provide additional
healing, treatment, or collection of evidence.
``(12) Sexual assault nurse examiner; sane.--The term `sexual
assault nurse examiner' or `SANE' means a registered or advanced
practice nurse who has specialized training conducting medical
forensic examinations.
``(13) Sexual assault response team; sart.--The term `sexual
assault response team' or `SART' means a multidisciplinary team
that--
``(A) provides a specialized and immediate response to
survivors of sexual assault; and
``(B) may include health care personnel, law enforcement
representatives, community-based survivor advocates,
prosecutors, and forensic scientists.
``(14) State.--The term `State' means any State of the United
States, the District of Columbia, and any territory or possession
of the United States.
``(15) Trauma-informed.--The term `trauma-informed' means, with
respect to services or training, services or training that--
``(A) use a patient-centered approach to providing services
or care;
``(B) promote the dignity, strength, and empowerment of
patients who have experienced trauma; and
``(C) incorporate evidence-based practices based on
knowledge about the impact of trauma on patients' lives.
``(16) Underserved populations.--The term `underserved
populations' has the meaning given the term in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291).''.
(c) Sexual Assault Nurse Examiner Grants.--Section 304 of the DNA
Sexual Assault Justice Act of 2004 (34 U.S.C. 40723) is amended by
inserting after subsection (a), as amended by subsection (b) of this
section, the following:
``(b) Sexual Assault Nurse Examiner Training Program Grants.--
``(1) Authorization for grants.--The Attorney General, in
consultation with the Secretary, shall make grants to eligible
entities for the following purposes:
``(A) To establish qualified regional SANE training
programs--
``(i) to provide clinical education for SANE students;
``(ii) to provide salaries for full and part-time SANE
instructors, including those specializing in pediatrics and
working in a multidisciplinary team setting, to help with
the clinical training of SANEs; and
``(iii) to provide access to simulation laboratories
and other resources necessary for clinical education.
``(B) To provide full and part time salaries for SANEs and
SAFEs, including pediatric SANEs and SAFEs.
``(C) To increase access to SANEs and SAFEs by otherwise
providing training, education, or technical assistance relating
to the collection, preservation, analysis, and use of DNA
samples and DNA evidence by SANEs, SAFEs, and other qualified
personnel.
``(2) Preference for grants.--In reviewing applications for
grants under this section, the Attorney General shall give
preference to any eligible entity that certifies in the grant
application that the entity will coordinate with a rape crisis
center or the State sexual assault coalition to facilitate sexual
assault advocacy to support sexual assault survivors and use the
grant funds to--
``(A) establish qualified SANE training programs in
localities with a high volume of forensic trauma cases,
including adult and child sexual assault, domestic violence,
elder abuse, sex trafficking, and strangulation cases;
``(B) increase the local and regional availability of full
and part time sexual assault nurse examiners in a rural area,
Tribal area, an area with a health professional shortage, or
for an underserved population, including efforts to provide
culturally competent services; or
``(C) establish or sustain sexual assault mobile teams or
units or otherwise enhance SANE and SAFE access through
telehealth.''.
(d) Directive.--Section 304 of the DNA Sexual Assault Justice Act
of 2004 (34 U.S.C. 40723) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (b), as added by subsection
(c) of this section, the following:
``(c) Directive to the Attorney General.--
``(1) In general.--Not later than the beginning of fiscal year
2022, the Attorney General shall coordinate with the Secretary to
inform health care facilities, including Federally qualified health
centers and hospitals, colleges and universities, and other
appropriate health-related entities about--
``(A) the availability of grant funding under this section;
and
``(B) the role of sexual assault nurse examiners, both
adult and pediatric, and available resources of the Department
of Justice and the Department of Health and Human Services to
train or employ sexual assault nurses examiners to address the
needs of communities dealing with sexual assault, domestic
violence, sex trafficking, elder abuse, strangulation, and, in
particular, the need for pediatric SANEs, including such nurse
examiners working in the multidisciplinary setting, in
responding to abuse of both children and adolescents.
``(2) Requirement.--In carrying out paragraph (1), the Attorney
General shall collaborate with nongovernmental organizations
representing SANEs.
``(d) Public Information on Access to Sexual Assault Forensic
Examinations.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Supporting Access to Nurse Exams Act, the Attorney
General, in consultation with the Secretary, shall establish, and
update annually, a public website on the access to forensic nurse
examiners.
``(2) Contents.--The website required under paragraph (1) shall
with specificity describe, by State--
``(A) funding opportunities for SANE training and
continuing education; and
``(B) the availability of sexual assault advocates at
locations providing sexual assault forensic exams.
``(3) Report to congress.--Not later than 4 years after the
date of enactment of the Supporting Access to Nurse Exams Act, the
Attorney General, in consultation with the Secretary, shall submit
to the Committee on the Judiciary of the Senate, the Committee on
Health, Education, Labor, and Pensions of the Senate, the Committee
on the Judiciary of the House of Representatives, and the Committee
on Energy and Commerce of the House of Representatives a report
on--
``(A) the availability of, and patient access to, trained
SANEs and other providers who perform MFEs or sexual assault
forensic examinations;
``(B) the health care facilities, including hospitals or
clinics, that offer SANEs and sexual assault forensic
examinations and whether each health care facility, including a
hospital or clinic, has full-time, part-time, or on-call
coverage;
``(C) regional, provider, or other barriers to access for
SANE care and services, including MFEs and sexual assault
forensic examinations;
``(D) State requirements, minimum standards, and protocols
for training SANEs, including trauma-informed and culturally
competent training standards;
``(E) State requirements, minimum standards, and protocols
for training emergency services personnel involved in MFEs and
sexual assault forensic examinations;
``(F) the availability of sexual assault nurse examiner
training, frequency of when training is convened, the providers
of such training, the State's role in such training, and what
process or procedures are in place for continuing education of
such examiners;
``(G) the dedicated Federal and State funding to support
SANE training;
``(H) funding opportunities for SANE training and
continuing education;
``(I) the availability of sexual assault advocates at
locations providing MFEs and sexual assault forensic exams; and
``(J) the total annual cost of conducting sexual assault
forensic exams described in section 2010(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10449(b)).''.
(e) Authorization of Appropriations.--Subsection (e) of section 304
of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723), as
redesignated by subsection (d) of this section, is amended to read as
follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $30,000,000 for each of fiscal years 2023 through 2027 to
carry out this section.''.
TITLE XIV--CYBERCRIME ENFORCEMENT
SEC. 1401. LOCAL LAW ENFORCEMENT GRANTS FOR ENFORCEMENT OF CYBERCRIMES.
(a) Definitions.--In this section:
(1) Computer.--The term ``computer'' includes a computer
network and an interactive electronic device.
(2) Cybercrime against individuals.--The term ``cybercrime
against individuals''--
(A) means a criminal offense applicable in the area under
the jurisdiction of the relevant State, Indian Tribe, or unit
of local government that involves the use of a computer to
harass, threaten, stalk, extort, coerce, cause fear to, or
intimidate an individual, or without consent distribute
intimate images of an adult, except that use of a computer need
not be an element of such an offense; and
(B) does not include the use of a computer to cause harm to
a commercial entity, government agency, or non-natural person.
(3) Indian tribe; state; tribal government; unit of local
government.--The terms ``Indian Tribe'', ``State'', ``Tribal
government'', and ``unit of local government'' have the meanings
given such terms in section 40002(a) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(a)), as amended by this Act.
(b) Authorization of Grant Program.--Subject to the availability of
appropriations, the Attorney General shall award grants under this
section to States, Indian Tribes, and units of local government for the
prevention, enforcement, and prosecution of cybercrimes against
individuals.
(c) Application.--
(1) In general.--To request a grant under this section, the
chief executive officer of a State, Tribal government, or unit of
local government shall submit an application to the Attorney
General not later than 90 days after the date on which funds to
carry out this section are appropriated for a fiscal year, in such
form as the Attorney General may require.
(2) Contents.--An application submitted under paragraph (1)
shall include the following:
(A) A certification that Federal funds made available under
this section will not be used to supplant State, Tribal, or
local funds, but will be used to increase the amounts of such
funds that would, in the absence of Federal funds, be made
available for law enforcement activities.
(B) An assurance that, not later than 30 days before the
application (or any amendment to the application) was submitted
to the Attorney General, the application (or amendment) was
submitted for review to the governing body of the State, Tribe,
or unit of local government (or to an organization designated
by that governing body).
(C) An assurance that, before the application (or any
amendment to the application) was submitted to the Attorney
General--
(i) the application (or amendment) was made public; and
(ii) an opportunity to comment on the application (or
amendment) was provided to citizens, to neighborhood or
community-based organizations, and to victim service
providers, to the extent applicable law or established
procedure makes such an opportunity available;
(D) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may reasonably require.
(E) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer of
the applicant (or by another officer of the applicant, if
qualified under regulations promulgated by the Attorney
General), that--
(i) the programs to be funded by the grant meet all the
requirements of this section;
(ii) all the information contained in the application
is correct;
(iii) there has been appropriate coordination with
affected agencies; and
(iv) the applicant will comply with all provisions of
this section and all other applicable Federal laws.
(F) A certification that the State, Tribe, or in the case
of a unit of local government, the State in which the unit of
local government is located, has in effect criminal laws which
prohibit cybercrimes against individuals.
(G) A certification that any equipment described in
subsection (d)(8) purchased using grant funds awarded under
this section will be used primarily for investigations and
forensic analysis of evidence in matters involving cybercrimes
against individuals.
(d) Use of Funds.--Grants awarded under this section may be used
only for programs that provide--
(1) training for State, Tribal, or local law enforcement
personnel relating to cybercrimes against individuals, including--
(A) training such personnel to identify and protect victims
of cybercrimes against individuals, provided that the training
is developed in collaboration with victim service providers;
(B) training such personnel to utilize Federal, State,
Tribal, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to identify and investigate
cybercrimes against individuals;
(D) training such personnel to enforce and utilize the laws
that prohibit cybercrimes against individuals;
(E) training such personnel to utilize technology to assist
in the investigation of cybercrimes against individuals and
enforcement of laws that prohibit such crimes; and
(F) the payment of overtime incurred as a result of such
training;
(2) training for State, Tribal, or local prosecutors, judges,
and judicial personnel relating to cybercrimes against individuals,
including--
(A) training such personnel to identify, investigate,
prosecute, or adjudicate cybercrimes against individuals;
(B) training such personnel to utilize laws that prohibit
cybercrimes against individuals;
(C) training such personnel to utilize Federal, State,
Tribal, local, and other resources to assist victims of
cybercrimes against individuals; and
(D) training such personnel to utilize technology to assist
in the prosecution or adjudication of acts of cybercrimes
against individuals, including the use of technology to protect
victims of such crimes;
(3) training for State, Tribal, or local emergency dispatch
personnel relating to cybercrimes against individuals, including--
(A) training such personnel to identify and protect victims
of cybercrimes against individuals;
(B) training such personnel to utilize Federal, State,
Tribal, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to utilize technology to assist
in the identification of and response to cybercrimes against
individuals; and
(D) the payment of overtime incurred as a result of such
training;
(4) assistance to State, Tribal, or local law enforcement
agencies in enforcing laws that prohibit cybercrimes against
individuals, including expenses incurred in performing enforcement
operations, such as overtime payments;
(5) assistance to State, Tribal, or local law enforcement
agencies in educating the public in order to prevent, deter, and
identify violations of laws that prohibit cybercrimes against
individuals;
(6) assistance to State, Tribal, or local law enforcement
agencies to support the placement of victim assistants to serve as
liaisons between victims of cybercrimes against individuals and
personnel of law enforcement agencies;
(7) assistance to State, Tribal, or local law enforcement
agencies to establish task forces that operate solely to conduct
investigations, forensic analyses of evidence, and prosecutions in
matters involving cybercrimes against individuals;
(8) assistance to State, Tribal, or local law enforcement
agencies and prosecutors in acquiring computers, computer
equipment, and other equipment necessary to conduct investigations
and forensic analysis of evidence in matters involving cybercrimes
against individuals, including expenses incurred in the training,
maintenance, or acquisition of technical updates necessary for the
use of such equipment for the duration of a reasonable period of
use of such equipment;
(9) assistance in the facilitation and promotion of sharing,
with State, Tribal, and local law enforcement agencies and
prosecutors, of the expertise and information of Federal law
enforcement agencies about the investigation, analysis, and
prosecution of matters involving laws that prohibit cybercrimes
against individuals, including the use of multijurisdictional task
forces; or
(10) assistance to State, Tribal, and local law enforcement and
prosecutors in processing interstate extradition requests for
violations of laws involving cybercrimes against individuals,
including expenses incurred in the extradition of an offender from
one State to another.
(e) Reports to the Attorney General.--On the date that is 1 year
after the date on which a State, Indian Tribe, or unit of local
government receives a grant under this section, and annually
thereafter, the chief executive officer of the State, Tribal
government, or unit of local government shall submit to the Attorney
General a report which contains--
(1) a summary of the activities carried out during the previous
year with any grant received under this section by such State,
Indian Tribe, or unit of local government;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(f) Reports to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the reports submitted under
subsection (e).
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years 2023
through 2027.
(2) Limitation.--Of the amount made available under paragraph
(1) in any fiscal year, not more than 5 percent may be used for
evaluation, monitoring, technical assistance, salaries, and
administrative expenses.
SEC. 1402. NATIONAL RESOURCE CENTER GRANT.
(a) Definitions.--In this section:
(1) Cybercrime against individuals.--The term ``cybercrime
against individuals'' has the meaning given such term in section
1401.
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit private organization that--
(A) focuses on cybercrimes against individuals;
(B) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; and
(C) includes on the organization's advisory board
representatives who--
(i) have a documented history of working directly on
issues of cybercrimes against individuals;
(ii) have a history of working directly with victims of
cybercrimes against individuals; and
(iii) are geographically and culturally diverse.
(b) Authorization of Grant Program.--Subject to the availability of
appropriations, the Attorney General shall award a grant under this
section to an eligible entity for the purpose of the establishment and
maintenance of a National Resource Center on Cybercrimes Against
Individuals to provide resource information, training, and technical
assistance to improve the capacity of individuals, organizations,
governmental entities, and communities to prevent, enforce, and
prosecute cybercrimes against individuals.
(c) Application.--
(1) In general.--To request a grant under this section, an
eligible entity shall submit an application to the Attorney General
not later than 90 days after the date on which funds to carry out
this section are appropriated for fiscal year 2022 in such form as
the Attorney General may require.
(2) Contents.--An application submitted under paragraph (1)
shall include the following:
(A) An assurance that, for each fiscal year covered by the
application, the applicant will maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may reasonably require.
(B) A certification, made in a form acceptable to the
Attorney General, that--
(i) the programs funded by the grant meet all the
requirements of this section;
(ii) all the information contained in the application
is correct; and
(iii) the applicant will comply with all provisions of
this section and all other applicable Federal laws.
(d) Use of Funds.--The eligible entity awarded a grant under this
section shall use such amounts for the establishment and maintenance of
a National Resource Center on Cybercrimes Against Individuals, which
shall--
(1) offer a comprehensive array of technical assistance and
training resources to Federal, State, and local governmental
agencies, community-based organizations, and other professionals
and interested parties related to cybercrimes against individuals,
including programs and research related to victims;
(2) maintain a resource library which shall collect, prepare,
analyze, and disseminate information and statistics related to--
(A) the incidence of cybercrimes against individuals;
(B) the enforcement and prosecution of laws relating to
cybercrimes against individuals; and
(C) the provision of supportive services and resources for
victims, including victims from underserved populations, of
cybercrimes against individuals; and
(3) conduct research related to--
(A) the causes of cybercrimes against individuals;
(B) the effect of cybercrimes against individuals on
victims of such crimes; and
(C) model solutions to prevent or deter cybercrimes against
individuals or to enforce the laws relating to cybercrimes
against individuals.
(e) Duration of Grant.--
(1) In general.--A grant awarded under this section shall be
awarded for a period of 5 years.
(2) Renewal.--A grant under this section may be renewed for
additional 5-year periods if the Attorney General determines that
the funds made available to the recipient were used in a manner
described in subsection (d), and if the recipient resubmits an
application described in subsection (c) in such form, and at such
time, as the Attorney General may reasonably require.
(f) Subgrants.--The eligible entity awarded a grant under this
section may make subgrants to other nonprofit private organizations
with relevant subject matter expertise in order to establish and
maintain the National Resource Center on Cybercrimes Against
Individuals in accordance with subsection (d).
(g) Reports to the Attorney General.--On the date that is 1 year
after the date on which an eligible entity receives a grant under this
section, and annually thereafter for the duration of the grant period,
the entity shall submit to the Attorney General a report which
contains--
(1) a summary of the activities carried out under the grant
program during the previous year;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(h) Reports to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the reports submitted under
subsection (g).
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2023 through 2027.
SEC. 1403. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING ON
CYBERCRIME.
(a) Definitions.--In this section:
(1) Computer.--The term ``computer'' includes a computer
network and any interactive electronic device.
(2) Cybercrime against individuals.--The term ``cybercrime
against individuals'' has the meaning given the term in section
1401.
(b) National Strategy.--The Attorney General shall develop a
national strategy to--
(1) reduce the incidence of cybercrimes against individuals;
(2) coordinate investigations of cybercrimes against
individuals by Federal law enforcement agencies;
(3) increase the number of Federal prosecutions of cybercrimes
against individuals; and
(4) develop an evaluation process that measures rates of
cybercrime victimization and prosecutorial rates among Tribal and
culturally specific communities.
(c) Classification of Cybercrimes Against Individuals for Purposes
of Crime Reports.--In accordance with the authority of the Attorney
General under section 534 of title 28, United States Code, the Director
of the Federal Bureau of Investigation shall--
(1) design and create within the Uniform Crime Reports a
category for offenses that constitute cybercrimes against
individuals;
(2) to the extent feasible, within the category established
under paragraph (1), establish subcategories for each type of
cybercrime against individuals that is an offense under Federal or
State law;
(3) classify the category established under paragraph (1) as a
Part I crime in the Uniform Crime Reports; and
(4) classify each type of cybercrime against individuals that
is an offense under Federal or State law as a Group A offense for
the purpose of the National Incident-Based Reporting System.
(d) Annual Summary.--The Attorney General shall publish an annual
summary of the information reported in the Uniform Crime Reports and
the National Incident-Based Reporting System relating to cybercrimes
against individuals, including an evaluation of the implementation
process for the national strategy developed under subsection (b) and
outcome measurements on its impact on Tribal and culturally specific
communities.
TITLE XV--KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Keeping Children Safe From Family
Violence Act'' or ``Kayden's Law''.
SEC. 1502. FINDINGS.
Congress finds the following:
(1) Approximately 1 in 15 children is exposed to domestic
violence each year.
(2) Most child abuse is perpetrated in the family and by a
parent. Intimate partner violence and child abuse overlap in the
same families at rates between 30 and 60 percent. A child's risk of
abuse increases after a perpetrator of intimate partner violence
separates from a domestic partner, even when the perpetrator has
not previously directly abused the child. Children who have
witnessed intimate partner violence are approximately 4 times more
likely to experience direct child maltreatment than children who
have not witnessed intimate partner violence.
(3) More than 75 percent of child sexual abuse is perpetrated
by a family member or a person known to the child. Data of the
Department of Justice shows that family members are 49 percent, or
almost half, of the perpetrators of crimes against child sex
assault victims younger than 6 years of age.
(4) Research suggests a child's exposure to a batterer is among
the strongest indicators of risk of incest victimization. One study
found that female children with fathers who are batterers of their
mothers were 6.5 times more likely to experience father-daughter
incest than female children who do not have abusive fathers.
(5) Child abuse is a major public health issue in the United
States. Total lifetime financial costs associated with just 1 year
of confirmed cases of child maltreatment, including child physical
abuse, sexual abuse, psychological abuse, and neglect, result in
$124,000,000,000 in annual costs to the economy of the United
States, or approximately 1 percent of the gross domestic product of
the United States.
(6) Empirical research indicates that courts regularly discount
allegations of child physical and sexual abuse when those
allegations are raised in child custody cases. Courts believed less
than \1/4\ of claims that a father has committed child physical or
sexual abuse. With respect to cases in which an allegedly abusive
parent claimed the mother ``alienated'' the child, courts believed
only 1 out of 51 claims of sexual molestation by a father.
Independent research indicates that child sexual abuse allegations
are credible between 50 and 70 percent of the time.
(7) Empirical research shows that alleged or known abusive
parents are often granted custody or unprotected parenting time by
courts. Approximately \1/3\ of parents alleged to have committed
child abuse took primary custody from the protective parent
reporting the abuse, placing children at ongoing risk.
(8) Researchers have documented nearly 800 child murders in the
United States since 2008 committed by a divorcing or separating
parent. More than 100 of these child murders are known to have
occurred after a court ordered the child to have contact with the
dangerous parent over the objection of a safe parent or caregiver.
(9) Scientifically unsound theories that treat abuse
allegations of mothers as likely false attempts to undermine
fathers are frequently applied in family court to minimize or deny
reports of abuse of parents and children. Many experts who testify
against abuse allegations lack expertise in the relevant type of
alleged abuse, relying instead on unsound and unproven theories.
(10) Judges presiding over custody cases involving allegations
of child abuse, child sexual abuse, and domestic violence are
rarely required to receive training on these subjects, and most
States have not established standards for such training.
SEC. 1503. PURPOSES.
The purposes of this title are to--
(1) increase the priority given to child safety in any State
court divorce, separation, visitation, paternity, child support,
civil protection order, or family custody court proceeding
affecting the custody and care of children, excluding child
protective, abuse, or neglect proceedings and juvenile justice
proceedings;
(2) strengthen the abilities of courts to--
(A) recognize and adjudicate domestic violence and child
abuse allegations based on valid, admissible evidence; and
(B) enter orders that protect and minimize the risk of harm
to children; and
(3) ensure that professional personnel involved in cases
containing domestic violence or child abuse allegations receive
trauma-informed and culturally appropriate training on the
dynamics, signs, and impact of domestic violence and child abuse,
including child sexual abuse.
SEC. 1504. INCREASED FUNDING FOR STOP GRANTS.
Section 2007 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10446) is amended by adding at the end
the following:
``(k) Grant Increases for States With Certain Child Custody
Proceeding Laws and Standards.--
``(1) Definitions.--In this subsection:
``(A) Child custody proceeding.--The term `child custody
proceeding'--
``(i) means a private family court proceeding in State
or local court that, with respect to a child, involves the
care or custody of the child in a private divorce,
separation, visitation, paternity, child support, legal or
physical custody, or civil protection order proceeding
between the parents of the child; and
``(ii) does not include--
``(I) any child protective, abuse, or neglect
proceeding;
``(II) a juvenile justice proceeding; or
``(III) any child placement proceeding in which a
State, local, or Tribal government, a designee of such
a government, or any contracted child welfare agency or
child protective services agency of such a government
is a party to the proceeding.
``(B) Eligible state.--The term `eligible State' means a
State that--
``(i) receives a grant under subsection (a); and
``(ii) has in effect--
``(I) each law described in paragraph (3);
``(II) the standards described in paragraph (4);
and
``(III) the training program described in paragraph
(5).
``(C) Reunification treatment.--The term `reunification
treatment' means a treatment or therapy aimed at reuniting or
reestablishing a relationship between a child and an estranged
or rejected parent or other family member of the child.
``(2) Increase.--
``(A) In general.--The Attorney General shall increase the
amount of a grant awarded under subsection (a) to an eligible
State that submits an application under paragraph (6) by an
amount that is not more than 10 percent of the average of the
total amount of funding provided to the State under subsection
(a) under the 3 most recent awards to the State.
``(B) Term of increase.--An increase of a grant under
subparagraph (A) shall be for 1 fiscal year.
``(C) Renewal.--An eligible State that receives an increase
under subparagraph (A) may submit an application for renewal of
the increase at such time, in such manner, and containing such
information as the Attorney General may reasonably require.
``(D) Limit.--An eligible State may not receive an increase
under subparagraph (A) for more than 4 fiscal years.
``(3) Laws.--The laws described in this paragraph are the
following:
``(A) A law that ensures that, with respect to a child
custody proceeding in which a parent has been alleged to have
committed domestic violence or child abuse, including child
sexual abuse--
``(i) expert evidence from a court-appointed or outside
professional relating to the alleged abuse may be admitted
only if the professional possesses demonstrated expertise
and clinical experience in working with victims of domestic
violence or child abuse, including child sexual abuse, that
is not solely of a forensic nature; and
``(ii) in making a finding regarding any allegation of
domestic violence or child abuse, including child sexual
abuse, in addition to any other relevant admissible
evidence, evidence of past sexual or physical abuse
committed by the accused parent shall be considered,
including--
``(I) any past or current protection or restraining
orders against the accused parent;
``(II) sexual violence abuse protection orders
against the accused parent;
``(III) arrests of the accused parent for domestic
violence, sexual violence, or child abuse; or
``(IV) convictions of the accused parent for
domestic violence, sexual violence, or child abuse.
``(B) A law that ensures that, during a child custody
proceeding--
``(i) a court may not, solely in order to improve a
deficient relationship with the other parent of a child,
remove the child from a parent or litigating party--
``(I) who is competent, protective, and not
physically or sexually abusive; and
``(II) with whom the child is bonded or to whom the
child is attached;
``(ii) a court may not, solely in order to improve a
deficient relationship with the other parent of a child,
restrict contact between the child and a parent or
litigating party--
``(I) who is competent, protective, and not
physically or sexually abusive; and
``(II) with whom the child is bonded or to whom the
child is attached;
``(iii) a court may not order a reunification
treatment, unless there is generally accepted and
scientifically valid proof of the safety, effectiveness,
and therapeutic value of the reunification treatment;
``(iv) a court may not order a reunification treatment
that is predicated on cutting off a child from a parent
with whom the child is bonded or to whom the child is
attached; and
``(v) any order to remediate the resistance of a child
to have contact with a violent or abusive parent primarily
addresses the behavior of that parent or the contributions
of that parent to the resistance of the child before
ordering the other parent of the child to take steps to
potentially improve the relationship of the child with the
parent with whom the child resists contact.
``(C) A law that requires judges and magistrates who hear
child custody proceedings and other relevant court personnel
involved in child custody proceedings, including guardians ad
litem, best interest attorneys, counsel for children, custody
evaluators, masters, and mediators to complete, with respect to
the training program described in paragraph (5)--
``(i) not less than 20 hours of initial training; and
``(ii) not less than 15 hours of ongoing training every
5 years.
``(4) Uniform required standards.--The standards described in
this paragraph are uniform required standards that--
``(A) apply to any neutral professional appointed by a
court during a child custody proceeding to express an opinion
relating to abuse, trauma, or the behaviors of victims and
perpetrators of abuse and trauma; and
``(B) require that a professional described in subparagraph
(A) possess demonstrated expertise and clinical experience in
working with victims of domestic violence or child abuse,
including child sexual abuse, that is not solely of a forensic
nature.
``(5) Training and education program.--The training program
described in this paragraph is an ongoing training and education
program that--
``(A) focuses solely on domestic and sexual violence and
child abuse, including--
``(i) child sexual abuse;
``(ii) physical abuse;
``(iii) emotional abuse;
``(iv) coercive control;
``(v) implicit and explicit bias, including biases
relating to parents with disabilities;
``(vi) trauma;
``(vii) long- and short-term impacts of domestic
violence and child abuse on children; and
``(viii) victim and perpetrator behavior patterns and
relationship dynamics within the cycle of violence;
``(B) is provided by--
``(i) a professional with substantial experience in
assisting survivors of domestic violence or child abuse,
including a victim service provider (as defined in section
40002 of the Violence Against Women Act of 1994 (34 U.S.C.
12291)); and
``(ii) if possible, a survivor of domestic violence or
child physical or sexual abuse;
``(C) relies on evidence-based and peer-reviewed research
by recognized experts in the types of abuse described in
subparagraph (A);
``(D) does not include theories, concepts, or belief
systems unsupported by the research described in subparagraph
(C); and
``(E) is designed to improve the ability of courts to--
``(i) recognize and respond to child physical abuse,
child sexual abuse, domestic violence, and trauma in all
family victims, particularly children; and
``(ii) make appropriate custody decisions that--
``(I) prioritize child safety and well-being; and
``(II) are culturally sensitive and appropriate for
diverse communities.
``(6) Application.--
``(A) In general.--An eligible State desiring a grant
increase under this subsection shall submit an application to
the Attorney General at such time, in such manner, and
containing such information as the Attorney General may
reasonably require.
``(B) Contents.--An application submitted by an eligible
State under subparagraph (A) shall include information relating
to--
``(i) the laws described paragraph (3);
``(ii) the standards described in paragraph (4); and
``(iii) the training program described in paragraph
(5).
``(7) Use of funds.--An eligible State that receives a grant
increase under paragraph (2)(A) shall use the total amount of the
increase for the purposes described in subparagraph (C) or (D) of
subsection (c)(4).
``(8) Rule of construction.--Nothing in this subsection shall
be interpreted as discouraging States from adopting additional
provisions to increase safe outcomes for children. Additional
protective provisions are encouraged.
``(9) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2023 through 2027.''.
SEC. 1505. SEXUAL ASSAULT SURVIVORS' RIGHTS.
Section 3772(a)(2) of title 18, United States Code, is amended--
(1) in subparagraph (B), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) be informed of the status and location of a sexual
assault evidence collection kit.''.
SEC. 1506. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT PROTECTION
ORDER PILOT PROGRAMS.
Part U of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10461 et seq.) is amended--
(1) by redesignating sections 2103, 2104, and 2105 as sections
2104, 2105, and 2106, respectively; and
(2) by inserting after section 2102 the following:
``SEC. 2103. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT PROTECTION
ORDER PILOT PROGRAMS.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a State or Tribal court that is part of a
multidisciplinary partnership that includes, to the extent
practicable--
``(1) a State, Tribal, or local law enforcement agency;
``(2) a State, Tribal, or local prosecutor's office;
``(3) a victim service provider or State or Tribal domestic
violence coalition;
``(4) a provider of culturally specific services;
``(5) a nonprofit program or government agency with
demonstrated experience in providing legal assistance or legal
advice to victims of domestic violence and sexual assault;
``(6) the bar association of the applicable State or Indian
Tribe;
``(7) the State or Tribal association of court clerks;
``(8) a State, Tribal, or local association of criminal defense
attorneys;
``(9) not fewer than 2 individuals with expertise in the design
and management of court case management systems and systems of
integration;
``(10) not fewer than 2 State or Tribal court judges with
experience in--
``(A) the field of domestic violence; and
``(B) issuing protective orders; and
``(11) a judge assigned to the criminal docket of the State or
Tribal court.
``(b) Grants Authorized.--
``(1) In general.--The Attorney General shall make grants to
eligible entities to carry out the activities described in
subsection (c) of this section.
``(2) Number.--The Attorney General may award not more than 10
grants under paragraph (1).
``(3) Amount.--The amount of a grant awarded under paragraph
(1) may be not more than $1,500,000.
``(c) Mandatory Activities.--
``(1) In general.--An eligible entity that receives a grant
under this section shall use the grant funds, in consultation with
the partners of the eligible entity described in subsection (a),
to--
``(A) develop and implement a program for properly and
legally serving protection orders through electronic
communication methods to--
``(i) modernize the service process and make the
process more effective and efficient;
``(ii) provide for improved safety of victims; and
``(iii) make protection orders enforceable as quickly
as possible;
``(B) develop best practices relating to the service of
protection orders through electronic communication methods;
``(C) ensure that the program developed under subparagraph
(A) complies with due process requirements and any other
procedures required by law or by a court; and
``(D) implement any technology necessary to carry out the
program developed under subparagraph (A), such as technology to
verify and track the receipt of a protection order by the
intended party.
``(2) Timeline.--An eligible entity that receives a grant under
this section shall--
``(A) implement the program required under paragraph (1)(A)
not later than 2 years after the date on which the eligible
entity receives the grant; and
``(B) carry out the program required under paragraph (1)(A)
for not fewer than 3 years.
``(d) Diversity of Recipients.--The Attorney General shall award
grants under this section to eligible entities in a variety of areas
and situations, including, to the extent practicable--
``(1) a State court that serves a population of not fewer than
1,000,000 individuals;
``(2) a State court that--
``(A) serves a State that is among the 7 States with the
lowest population density in the United States; and
``(B) has a relatively low rate of successful service with
respect to protection orders, as determined by the Attorney
General;
``(3) a State court that--
``(A) serves a State that is among the 7 States with the
highest population density in the United States; and
``(B) has a relatively low rate of successful service with
respect to protection orders, as determined by the Attorney
General;
``(4) a court that uses an integrated, statewide case
management system;
``(5) a court that uses a standalone case management system;
``(6) a Tribal court; and
``(7) a court that primarily serves a culturally specific and
underserved population.
``(e) Application.--
``(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Attorney General an application
that includes--
``(A) a description of the process that the eligible entity
uses for service of protection orders at the time of submission
of the application;
``(B) to the extent practicable, statistics relating to
protection orders during the 3 calendar years preceding the
date of submission of the application, including rates of--
``(i) successful service; and
``(ii) enforcement;
``(C) an initial list of the entities serving as the
partners of the eligible entity described in subsection (a);
and
``(D) any other information the Attorney General may
reasonably require.
``(2) No other application required.--An eligible entity shall
not be required to submit an application under section 2102 to
receive a grant under this section.
``(f) Report to Attorney General.--
``(1) Initial report.--Not later than 2 years after the date on
which an eligible entity receives a grant under this section, the
eligible entity shall submit to the Attorney General a report that
details the plan of the eligible entity for implementation of the
program under subsection (c).
``(2) Subsequent reports.--
``(A) In general.--Not later than 1 year after the date on
which an eligible entity implements a program under subsection
(c), and not later than 2 years thereafter, the eligible entity
shall submit to the Attorney General a report that describes
the program, including, with respect to the program--
``(i) the viability;
``(ii) the cost;
``(iii) service statistics;
``(iv) the challenges;
``(v) an analysis of the technology used to fulfill the
goals of the program;
``(vi) an analysis of any legal or due process issues
resulting from the electronic service method described in
subsection (c)(1)(A); and
``(vii) best practices for implementing such a program
in other similarly situated locations.
``(B) Contents of final report.--An eligible entity shall
include in the second report submitted under subparagraph (A)
recommendations for--
``(i) future nationwide implementation of the program
implemented by the eligible entity; and
``(ii) usage of electronic service, similar to the
service used by the eligible entity, for other commonly
used court orders, including with respect to viability and
cost.
``(g) No Regulations or Guidelines Required.--Notwithstanding
section 2105, the Attorney General shall not be required to publish
regulations or guidelines implementing this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal years
2023 through 2027.''.
SEC. 1507. ONLINE SURVEY TOOL FOR CAMPUS SAFETY.
(a) In General.--The Secretary of Education, in consultation with
the Attorney General, the Director of the Centers for Disease Control
and Prevention, the Secretary of Health and Human Services, and experts
in domestic violence, dating violence, sexual assault, sexual
harassment, and stalking, shall develop, design, and make available
through a secure and accessible online portal, a standardized online
survey tool regarding postsecondary student experiences with domestic
violence, dating violence, sexual assault, sexual harassment, and
stalking.
(b) Development of Survey Tool.--In developing the survey tool
required under subsection (a), the Secretary of Education shall--
(1) use best practices from peer-reviewed research measuring
domestic violence, dating violence, sexual assault, sexual
harassment, and stalking;
(2) consult with the higher education community, experts in
survey research related to domestic violence, dating violence,
sexual assault, sexual harassment, and stalking, and organizations
engaged in the prevention of and response to, and advocacy on
behalf of victims of, domestic violence, dating violence, sexual
assault, sexual harassment, and stalking, including victims from
culturally specific populations and victims with disabilities,
regarding the development and design of such survey tool and the
methodology for administration of such survey tool; and
(3) ensure that the survey tool is readily accessible to and
usable by individuals with disabilities.
(c) Elements.--
(1) In general.--The survey tool developed pursuant to this
section shall be fair and unbiased, be scientifically valid and
reliable, meet the highest standards of survey research, and notify
the participant that anonymized results of the survey may be
published.
(2) Survey questions.--Survey questions included in the survey
tool developed pursuant to this section shall--
(A) be designed to gather information on student
experiences with domestic violence, dating violence, sexual
assault, sexual harassment, and stalking, including the
experiences of victims of such incidents;
(B) use trauma-informed language to prevent re-
traumatization; and
(C) include--
(i) questions that give students the option to report
their demographic information;
(ii) questions designed to determine the incidence and
prevalence of domestic violence, dating violence, sexual
assault, sexual harassment, and stalking;
(iii) questions regarding whether students know about
institutional policies and procedures related to domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking;
(iv) questions designed to determine, if victims
reported domestic violence, dating violence, sexual
assault, sexual harassment, or stalking--
(I) to whom the incident was reported and what
response the victim may have received;
(II) whether the victim was informed of, or
referred to, national, State, local, Tribal, or on-
campus resources; and
(III) whether the entity to whom the victim
reported the incident conducted an investigation and
the duration and final resolution of such an
investigation;
(v) questions regarding contextual factors, such as
whether force, incapacitation, or coercion was involved;
(vi) questions to determine whether an accused
individual was a student at the institution;
(vii) questions to determine whether a victim reported
an incident to Federal, State, local, Tribal, or campus law
enforcement;
(viii) questions to determine why the victim chose to
report or not report an incident to the institution or
State, local, or campus law enforcement;
(ix) questions to determine the impact of domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking on the victim's education,
including diminished grades, dropped classes, leaves of
absence, and negative financial consequences (such as costs
associated with loss in paid tuition due to leaves of
absence, loss in scholarship awards due to diminished
grades, loss of foreign-student visas, and costs associated
with counseling, medical services, or housing changes);
(x) questions to determine the impact and effectiveness
of prevention and awareness programs and complaints
processes;
(xi) questions to determine attitudes toward sexual
violence and harassment, including the willingness of
individuals to intervene as a bystander to sex-based
(including against lesbian, gay, bisexual, or transgender
(commonly referred to as ``LGBT'') individuals), race-
based, national origin-based, and disability-based
discrimination, harassment, assault, domestic violence,
dating violence, sexual assault, sexual harassment, and
stalking; and
(xii) other questions, as determined by the Secretary
of Education.
(3) Additional elements.--In addition to the standardized
questions developed by the Secretary of Education under paragraph
(2), subject to the review and approval of the Secretary of
Education, an institution of higher education may request
additional information from students that would increase the
understanding of the institution of school climate factors unique
to the campuses affiliated with the institution.
(4) Responses.--The responses to the survey questions described
in paragraph (2) shall--
(A) be submitted confidentially;
(B) not be included in crime statistics; and
(C) in the case of such responses being included in a
report, not include personally identifiable information.
(d) Administration of Survey.--
(1) Federal administration.--The Secretary of Education, in
consultation with the Attorney General, the Director of the Centers
for Disease Control and Prevention, and the Secretary of Health and
Human Services, shall develop a mechanism by which institutions of
higher education may, with respect to the survey tool developed
pursuant to this section--
(A) administer such survey tool; and
(B) modify such survey tool to include additional elements
or requirements, as determined by the institution, subject to
the review and approval of the Secretary of Education.
(2) Costs.--The Secretary of Education may not require an
institution of higher education to pay to modify the survey tool in
accordance with paragraph (1)(B).
(3) Accessibility.--The Secretary of Education shall ensure
that the survey tool is administered in such a way as to be readily
accessible to and usable by individuals with disabilities.
(4) Institutional administration.--Beginning not later than 1
year after the date on which the Secretary of Education makes
available to institutions the mechanism described in paragraph (1),
and every 2 years thereafter, each institution of higher education
that receives Federal educational assistance shall administer the
survey tool developed pursuant to this section.
(e) Completed Surveys.--The Secretary of Education shall require
each institution of higher education that administers the survey tool
developed pursuant to this section to ensure, to the maximum extent
practicable, that an adequate, random, and representative sample size
of students (as determined by the Secretary) enrolled at the
institution complete the survey tool developed pursuant to this
section.
(f) Report.--
(1) In general.--Beginning not later than 2 years after the
date of enactment of this Act, the Secretary of Education shall--
(A) prepare a biennial report on the information gained
from the standardized elements of the survey under this section
and publish such report in an accessible format on the website
of the Department of Education, including as part of any online
consumer tool offered or supported by the Department of
Education that provides information to students regarding
specific postsecondary educational institutions, such as the
College Scorecard or any successor or similar tool; and
(B) submit such report to Congress.
(2) Inclusions and exclusions.--The report required to be
prepared under paragraph (1)--
(A) shall include campus-level data for each institution
and attributed by name of each campus in a manner that permits
comparisons across institutions and campuses; and
(B) shall not publish any individual survey responses.
(g) Publication.--Each institution of higher education shall
publish, in a manner that is readily accessible and usable by
individuals, including individuals with disabilities--
(1) the campus-level results of the standardized elements of
the survey under this section on the website of the institution and
in the biennial report required under subsection (f) for the
campuses affiliated with the institution; and
(2) the campus-level results of the additional elements
modifying the survey by the institution, if any, on the website of
the institution.
SEC. 1508. STUDY ON CHILD CUSTODY IN DOMESTIC VIOLENCE CASES.
The Attorney General, in consultation with the Secretary of Health
and Human Services, shall conduct a study that shall--
(1) provide a review of State laws, regulations, and practices
on how child neglect and custody situations are handled in domestic
violence situations; and
(2) include a list of recommendations on how to restructure
State laws, regulations, and practices to better protect victims of
domestic violence and their children.
DIVISION X--INTELLIGENCE AUTHORIZATION FOR FISCAL YEAR 2022
SEC. 1. SHORT TITLE.
This division may be cited as the ``Intelligence Authorization Act
for Fiscal Year 2022''.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Permanent Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives; and
(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives and in the Senate section of the Congressional Record
by the Chairman of the Select Committee on Intelligence of the Senate,
shall have the same effect with respect to the implementation of this
division as if it were a joint explanatory statement of a committee of
conference.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(17) The Space Force.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (17) of
section 101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any portion
of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2022 the sum of
$587,100,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2022 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2022.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 303. PROHIBITION ON COLLECTION AND MAINTENANCE OF INFORMATION
OF UNITED STATES PERSONS BY INTELLIGENCE COMMUNITY BASED ON FIRST
AMENDMENT-PROTECTED ACTIVITIES.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
seq.) is amended by inserting after section 105B the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 105C. PROHIBITION ON COLLECTION AND MAINTENANCE OF INFORMATION
OF UNITED STATES PERSONS BASED ON FIRST AMENDMENT-PROTECTED ACTIVITIES.
``No element of the intelligence community may collect or maintain
information concerning a United States person (as defined in section
105A) solely for the purpose of monitoring an activity protected by the
first amendment to the Constitution of the United States.''.
SEC. 304. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR CERTAIN ACTIVITIES RELATING TO INTELLIGENCE
COMMUNITY WORKFORCE.
Title X of the National Security Act of 1947 (50 U.S.C. 3191 et
seq.) is amended by inserting after section 1024 the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 1025. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR CERTAIN WORKFORCE ACTIVITIES.
``(a) Authorization.--The Director may, with or without
reimbursement, obligate or expend amounts authorized to be appropriated
or otherwise made available for the Office of the Director of National
Intelligence for covered workforce activities for the purpose of
supporting a covered workforce activity of an element of the
intelligence community.
``(b) Notification.--Not later than 30 days after the date on which
the Director exercises the authority in subsection (a), the Director
shall submit to the congressional intelligence committees and the
Committees on Appropriations of the House of Representatives and the
Senate written notification of such exercise.
``(c) Covered Workforce Activity Defined.--In this section, the
term `covered workforce activity' means an activity relating to--
``(1) recruitment or retention of the intelligence community
workforce; or
``(2) diversity, equality, inclusion, or accessibility, with
respect to such workforce.''.
SEC. 305. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES TO BE
USED PRIMARILY BY INTELLIGENCE COMMUNITY.
Section 602(a) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)) is amended--
(1) in paragraph (1), by striking ``$5,000,000'' and inserting
``$6,000,000''; and
(2) in paragraph (2), by striking ``$5,000,000'' and inserting
``$6,000,000''.
SEC. 306. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED CANINES
ASSOCIATED WITH FORCE PROTECTION DUTIES OF INTELLIGENCE
COMMUNITY.
Section 1344(a)(2)(B) of title 31, United States Code, is amended
by inserting ``, or transportation of federally owned canines
associated with force protection duties of any part of the intelligence
community (as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003))'' after ``duties''.
SEC. 307. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS ON
INTELLIGENCE COMMUNITY PARTICIPATION IN VULNERABILITIES EQUITIES
PROCESS.
Section 6720(c) of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3316a(c)) is amended by adding at the end the following:
``(4) Publication.--The Director of National Intelligence shall
make available to the public each unclassified appendix submitted
with a report under paragraph (1) pursuant to paragraph (2).''.
SEC. 308. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) Modifications to Requirement.--
(1) In general.--Section 304 of the National Security Act of
1947 (50 U.S.C. 3073a) is amended to read as follows:
``SEC. 304. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY
FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
``(a) Temporary Restriction.--
``(1) Covered post-service position.--Except as provided by
paragraph (2), an employee of an element of the intelligence
community who occupies a covered intelligence position may not
occupy a covered post-service position during the 30-month period
following the date on which the employee ceases to occupy a covered
intelligence position.
``(2) Waiver.--
``(A) Authority.--On a case-by-case basis, the Director of
National Intelligence may temporarily waive the restriction in
paragraph (1) with respect to an employee or former employee
who is subject to that restriction if--
``(i) the employee or former employee submits to the
Director a written application for such waiver in such form
and manner as the Director determines appropriate; and
``(ii) the Director determines that such waiver is
necessary to advance the national security interests of the
United States.
``(B) Period of waiver.--A waiver issued under subparagraph
(A) shall apply for a period not exceeding 5 years. The
Director may renew such a waiver.
``(C) Revocation.--The Director may revoke a waiver issued
under subparagraph (A) to an employee or former employee,
effective on the date that is 60 days after the date on which
the Director provides the employee or former employee written
notice of such revocation.
``(D) Tolling.--The 30-month restriction in paragraph (1)
shall be tolled for an employee or former employee during the
period beginning on the date on which a waiver is issued under
subparagraph (A) and ending on the date on which the waiver
expires or on the effective date of a revocation under
subparagraph (C), as the case may be.
``(E) Notification.--Not later than 30 days after the date
on which the Director issues a waiver under subparagraph (A) or
a revocation of a waiver under subparagraph (C), the Director
shall submit to the congressional intelligence committees
written notification of the waiver or revocation, as the case
may be. Such notification shall include the following:
``(i) With respect to a waiver issued to an employee or
former employee--
``(I) the details of the application, including the
covered intelligence position held or formerly held by
the employee or former employee;
``(II) the nature of the activities of the employee
or former employee after ceasing to occupy a covered
intelligence position;
``(III) a description of the national security
interests that will be advanced by reason of issuing
such waiver; and
``(IV) the specific reasons why the Director
determines that issuing such waiver will advance such
interests.
``(ii) With respect to a revocation of a waiver issued
to an employee or former employee--
``(I) the details of the waiver, including any
renewals of such waiver, and the dates of such waiver
and renewals; and
``(II) the specific reasons why the Director
determined that such revocation is warranted.
``(b) Covered Post-service Employment Reporting.--
``(1) Requirement.--During the period described in paragraph
(2), an employee who ceases to occupy a covered intelligence
position shall--
``(A) report covered post-service employment to the head of
the element of the intelligence community that employed such
employee in such covered intelligence position upon accepting
such covered post-service employment; and
``(B) annually (or more frequently if the head of such
element considers it appropriate) report covered post-service
employment to the head of such element.
``(2) Period described.--The period described in this paragraph
is the period beginning on the date on which an employee ceases to
occupy a covered intelligence position and ending on the date that
is--
``(A) 5 years after the employee ceases to occupy such
position, plus
``(B) the number of months for which the employee is issued
a waiver under subsection (a)(2).
``(3) Regulations.--The head of each element of the
intelligence community shall issue regulations requiring, as a
condition of employment, each employee of such element occupying a
covered intelligence position to sign a written agreement requiring
the regular reporting of covered post-service employment to the
head of such element pursuant to paragraph (1).
``(c) Penalties.--
``(1) Criminal penalties.--A former employee who knowingly and
willfully violates subsection (a) or who knowingly and willfully
fails to make a required report under subsection (b) shall be fined
under title 18, United States Code, or imprisoned for not more than
5 years, or both. Each report under subsection (b) shall be subject
to section 1001 of title 18, United States Code.
``(2) Security clearances.--The head of an element of the
intelligence community shall revoke the security clearance of a
former employee if the former employee knowingly and willfully
fails to make a required report under subsection (b) or knowingly
and willfully makes a false report under such subsection.
``(d) Provision of Information.--
``(1) Training.--The head of each element of the intelligence
community shall regularly provide training on the reporting
requirements under subsection (b) to employees of that element who
occupy a covered intelligence position.
``(2) Written notice.--The head of each element of the
intelligence community shall provide written notice of the
reporting requirements under subsection (b) to an employee when the
employee ceases to occupy a covered intelligence position.
``(e) Annual Reports.--
``(1) Requirement.--Not later than March 31 of each year, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report on covered post-service employment
occurring during the year covered by the report.
``(2) Elements.--Each report under paragraph (1) shall include
the following:
``(A) The number of former employees who occupy a covered
post-service position, broken down by--
``(i) the name of the employer;
``(ii) the foreign government, including by the
specific foreign individual, agency, or entity, for whom
the covered post-service employment is being performed; and
``(iii) the nature of the services provided as part of
the covered post-service employment.
``(B) A certification by the Director that--
``(i) each element of the intelligence community
maintains adequate systems and processes for ensuring that
former employees are submitting reports required under
subsection (b);
``(ii) to the knowledge of the heads of the elements of
the intelligence community, all former employees who occupy
a covered post-service position are in compliance with this
section;
``(iii) the services provided by former employees who
occupy a covered post-service position do not--
``(I) pose a current or future threat to the
national security of the United States; or
``(II) pose a counterintelligence risk; and
``(iv) the Director and the heads of such elements are
not aware of any credible information or reporting that any
former employee who occupies a covered post-service
position has engaged in activities that violate Federal
law, infringe upon the privacy rights of United States
persons, or constitute abuses of human rights.
``(3) Form.--Each report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
``(f) Notification.--In addition to the annual reports under
subsection (e), if a head of an element of the intelligence community
determines that the services provided by a former employee who occupies
a covered post-service position pose a threat or risk described in
clause (iii) of paragraph (2)(B) of such subsection, or include
activities described in clause (iv) of such paragraph, the head shall
notify the congressional intelligence committees of such determination
by not later than 7 days after making such determination. The
notification shall include the following:
``(1) The name of the former employee.
``(2) The name of the employer.
``(3) The foreign government, including the specific foreign
individual, agency, or entity, for whom the covered post-service
employment is being performed.
``(4) As applicable, a description of--
``(A) the risk to national security, the
counterintelligence risk, or both; and
``(B) the activities that may violate Federal law, infringe
upon the privacy rights of United States persons, or constitute
abuses of human rights.
``(g) Definitions.--In this section:
``(1) Covered intelligence position.--The term `covered
intelligence position' means a position within an element of the
intelligence community that, based on the level of access of a
person occupying such position to information regarding sensitive
intelligence sources or methods or other exceptionally sensitive
matters, the head of such element determines should be subject to
the requirements of this section.
``(2) Covered post-service employment.--The term `covered post-
service employment' means direct or indirect employment by,
representation of, or any provision of advice or services relating
to national security, intelligence, the military, or internal
security to, the government of a foreign country or any company,
entity, or other person whose activities are directly or indirectly
supervised, directed, controlled, financed, or subsidized, in whole
or in major part, by any government of a foreign country.
``(3) Covered post-service position.--The term `covered post-
service position' means a position of employment described in
paragraph (2).
``(4) Employee.--The term `employee', with respect to an
employee occupying a covered intelligence position, includes an
officer or official of an element of the intelligence community, a
contractor of such an element, a detailee to such an element, or a
member of the Armed Forces assigned to such an element.
``(5) Former employee.--The term `former employee' means an
individual--
``(A) who was an employee occupying a covered intelligence
position; and
``(B) who is subject to the requirements under subsection
(a) or (b).
``(6) Government of a foreign country.--The term `government of
a foreign country' has the meaning given the term in section 1(e)
of the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(e)).''.
(2) Application.--Such section 304, as amended by paragraph
(1), shall apply with respect to employees who occupy covered
intelligence positions (as defined in such section) on or after the
date of the enactment of this Act.
(3) Revised regulations.--
(A) Submission.--Not later than 90 days after the date of
the enactment of this Act, the head of each element of the
intelligence community shall submit to the congressional
intelligence committees new or updated regulations issued under
such section 304, as amended by paragraph (1).
(B) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees--
(i) a written certification for each head of an element
of the intelligence community who has issued the updated
regulations under such section 304, as amended by paragraph
(1); and
(ii) for each head of an element of the intelligence
community who has not issued such updated regulations, an
explanation for the failure to issue such updated
regulations.
(4) Initial report.--In the first report submitted by the
Director of National Intelligence under subsection (e) of such
section 304, as amended by paragraph (1), the Director shall
include an assessment of the licensing requirements under the Arms
Export Control Act (22 U.S.C. 2751 et seq.) and recommendations
with respect to strengthening the activities regulated under such
section 304.
(b) Clerical Amendment.--The table of sections at the beginning of
such Act is amended by striking the item relating to section 304 and
inserting the following new item:
``Sec. 304. Requirements for certain employment activities by former
intelligence officers and employees.''.
SEC. 309. DEVELOPMENT OF DEFINITIONS FOR CERTAIN TERMS RELATING TO
INTELLIGENCE.
(a) Development.--Not later than September 30, 2023, the Director
of National Intelligence and the Under Secretary of Defense for
Intelligence and Security, in consultation with the heads of the
elements of the intelligence community, shall jointly develop and
publish definitions for the following terms:
(1) Acoustic intelligence.
(2) All-source intelligence.
(3) Communications intelligence.
(4) Critical intelligence.
(5) Cyber-threat intelligence.
(6) Electronic intelligence.
(7) Explosive ordnance intelligence.
(8) General military intelligence.
(9) Imagery intelligence.
(10) Geospatial intelligence.
(11) Instrumentation signals intelligence.
(12) Intelligence-related activity.
(13) Joint intelligence.
(14) Measurement and signature intelligence.
(15) Medical intelligence.
(16) Open-source intelligence.
(17) Operational intelligence.
(18) Scientific and technical intelligence.
(19) Signals intelligence.
(20) Strategic intelligence.
(21) Tactical intelligence.
(22) Target intelligence.
(23) Technical intelligence.
(24) Such others terms as may be jointly determined necessary
by the Director of National Intelligence and the Under Secretary of
Defense for Intelligence and Security.
(b) Application to Activities of Intelligence Community.--The
Director of National Intelligence shall ensure that the definitions
developed under subsection (a) are used uniformly across activities of
the intelligence community with respect to the corresponding terms
specified in such subsection.
(c) Notice of Modifications.--The Director of National Intelligence
and the Under Secretary of Defense for Intelligence shall submit to the
appropriate congressional committees notification of any modification
by the Director and Under Secretary to a definition of a term specified
in subsection (a) following the initial publication of the definition
under such subsection.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
SEC. 310. DIRECTOR OF NATIONAL INTELLIGENCE DECLASSIFICATION REVIEW
OF INFORMATION RELATING TO TERRORIST ATTACKS OF SEPTEMBER 11,
2001.
(a) Declassification Review Required.--Not later than 30 days after
the date of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Director of the Federal
Bureau of Investigation, the Director of the Central Intelligence
Agency, and the heads of such other elements of the intelligence
community as the Director of National Intelligence considers
appropriate, commence a declassification review (which the Director of
National Intelligence shall complete by not later than 120 days after
the date of the enactment of this Act) to determine what, if any,
additional information relating to the terrorist attacks of September
11, 2001, can be appropriately declassified and shared with the public.
(b) Information Covered.--The information reviewed under subsection
(a) shall include the following:
(1) Information relating to the direction, facilitation, and
other support provided to the individuals who carried out the
terrorist attacks of September 11, 2001.
(2) Information from Operation Encore and the PENTTBOM
investigation of the Federal Bureau of Investigation.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the
findings of the Director with respect to the declassification review
conducted under subsection (a).
SEC. 311. PERFORMANCE MEASURES REGARDING TIMELINESS FOR PERSONNEL
MOBILITY.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
issue a policy for measuring the total time it takes to transfer
personnel with security clearances and eligibility for access to
information commonly referred to as ``sensitive compartmented
information'' from one element of the intelligence community to
another, or from one contract to another in the case of a contractor.
(b) Requirements.--The policy issued under subsection (a) shall--
(1) to the degree practicable, cover all personnel who are
moving to positions that require a security clearance and access to
sensitive compartmented information;
(2) cover the period from the first time an element of the
intelligence community or company submits a request to an element
of the intelligence community for the transfer of the employment of
an individual with a clearance access or eligibility determination
to another element of the intelligence community, to the time the
individual is authorized by that receiving element to start to work
in the new position; and
(3) include analysis of all appropriate phases of the process,
including polygraph, suitability determination, fitness
determination, human resources review, transfer of the sensitive
compartmented information access, and contract actions.
(c) Updated Policies.--
(1) Modifications.--Not later than 1 year after the date on
which the Director issues the policy under subsection (a), the
Director shall issue modifications to such policies as the Director
determines were issued before the issuance of the policy under such
subsection and are relevant to such updated policy, as the Director
considers appropriate.
(2) Recommendations.--Not later than 1 year after the date on
which the Director issues the policy under subsection (a), the
Director shall submit to the appropriate congressional committees
recommendations for legislative action to update metrics specified
elsewhere in statute to measure parts of the process that support
transfers described in subsection (a).
(d) Annual Reports.--Not later than 180 days after issuing the
policy required by subsection (a) and not less frequently than once
each year thereafter until the date that is 3 years after the date of
such issuance, the Director shall submit to the appropriate
congressional committees a report on the implementation of such policy.
Such report shall address performance by department or agency and by
clearance type in meeting such policy.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Subcommittees on Commerce, Justice, Science, and
Related Agencies of the Committees on Appropriations of the House
of Representatives and the Senate.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. NATIONAL COUNTERPROLIFERATION AND BIOSECURITY CENTER.
(a) Redesignation of Center.--Section 119A of the National Security
Act of 1947 (50 U.S.C. 3057) is amended by striking ``National Counter
Proliferation Center'' each place it appears and inserting ``National
Counterproliferation and Biosecurity Center''.
(b) Establishment and Head.--Subsection (a) of such section is
amended--
(1) in paragraph (1)--
(A) by striking ``government tools to prevent'' and
inserting ``government tools to--
``(A) prevent'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new subparagraph:
``(B) lead integration and mission management of all
intelligence activities pertaining to biosecurity and foreign
biological threats.''; and
(2) by adding at the end the following new paragraph:
``(4) The Director of the National Counterproliferation and
Biosecurity Center shall serve as the principal coordinator for the
intelligence community, and as the principal advisor to the Director of
National Intelligence, with respect to biosecurity and foreign
biological threats.''.
(c) Missions and Objectives.--Subsection (b) of such section is
amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(2) in the matter preceding subparagraph (A), as so
redesignated, by striking ``In establishing'' and inserting the
following:
``(1) Counterproliferation.--In establishing''; and
(3) by adding at the end the following new paragraph:
``(2) Biosecurity.--In establishing the National
Counterproliferation and Biosecurity Center, the President shall
address the following missions and objectives to ensure that the
Center serves as the lead for the intelligence community for the
integration, mission management, and coordination of intelligence
activities pertaining to biosecurity and foreign biological
threats, regardless of origin:
``(A) Ensuring that the elements of the intelligence
community provide timely and effective warnings to the
President and the Director of National Intelligence regarding
emerging foreign biological threats, including diseases with
pandemic potential.
``(B) Overseeing and coordinating the collection and
analysis of intelligence on biosecurity and foreign biological
threats in support of the intelligence needs of the Federal
departments and agencies responsible for public health,
including by conveying collection priorities to elements of the
intelligence community.
``(C) Coordinating intelligence support to the Federal
departments and agencies responsible for public health,
including by ensuring that intelligence pertaining to
biosecurity and foreign biological threats is disseminated
among appropriately cleared personnel of such departments and
agencies.
``(D) Coordinating with the Federal departments and
agencies responsible for public health to encourage information
sharing with the intelligence community.
``(E) Identifying gaps in the capabilities of the
intelligence community regarding biosecurity and countering
foreign biological threats and providing to the Director of
National Intelligence recommended solutions for such gaps,
including by encouraging research and development of new
capabilities to counter foreign biological threats.''.
(d) Conforming Amendments.--Such section is further amended--
(1) by striking ``counter proliferation'' each place it appears
and inserting ``counterproliferation''; and
(2) in the section heading, by striking ``counter
proliferation'' and inserting ``counterproliferation and
biosecurity'' (and conforming the table of sections at the
beginning of such Act accordingly).
(e) References.--Any reference in any law, regulation, guidance,
instruction, or other document of the United States Government to the
National Counter Proliferation Center shall be deemed to refer to the
National Counterproliferation and Biosecurity Center.
SEC. 402. CLARIFICATION OF CERTAIN RESPONSIBILITIES OF DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A(f)(8) of the National Security Act of 1947 (50 U.S.C.
3024(f)(8)) is amended by striking ``such other functions'' and
inserting ``such other intelligence-related functions''.
SEC. 403. RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE
REGARDING NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING FEDERAL
BUREAU OF INVESTIGATION.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024)
is amended--
(1) in subsection (c)(5), by adding at the end the following
new subparagraph:
``(D) Consistent with subparagraph (C), the Director of National
Intelligence shall ensure that the programs and activities that are
part of the National Intelligence Program, including those of the
Federal Bureau of Investigation, are structured and executed in a
manner than enables budget traceability.''; and
(2) in subsection (p)--
(A) by striking the heading and inserting ``Certain
Responsibilities of Director of National Intelligence Relating
to National Intelligence Program'';
(B) by striking ``Subject to'' and inserting ``(1) Subject
to''; and
(C) by adding at the end the following new paragraph:
``(2) Consistent with subsection (c)(5)(C), the Director of
National Intelligence shall, after consultation with the Director of
the Federal Bureau of Investigation, ensure that the programs and
activities of the Federal Bureau of Investigation that are part of the
National Intelligence Program are executed in a manner that conforms
with the requirements of the national intelligence strategy under
section 108A of this Act and the National Intelligence Priorities
Framework of the Office of the Director of National Intelligence (or
any successor mechanism established for the prioritization of such
programs and activities).''.
SEC. 404. CLIMATE SECURITY ADVISORY COUNCIL.
(a) Reports.--Subsection (d) of section 120 of the National
Security Act of 1947 (50 U.S.C. 3060) is amended--
(1) by striking ``Not later'' and inserting the following:
``(1) Requirement.--Not later''; and
(2) by adding at the end the following new paragraph:
``(2) Matters included.--Each report under paragraph (1) shall
include a description of any obstacles or gaps relating to--
``(A) the Council fulfilling its duties and
responsibilities under subsection (c); or
``(B) the responsiveness of the intelligence community to
the climate security needs and priorities of the policymaking
elements of the Federal Government.''.
(b) Extension of Sunset; Technical Amendments.--Such section 120 is
amended--
(1) in subsection (b)(1)(B)(v), by inserting ``and Security''
after ``for Intelligence'';
(2) by redesignating the second subsection (e) as subsection
(f); and
(3) in subsection (e), by striking ``the date that is 4 years
after the date of the enactment of this section'' and inserting
``December 31, 2025''.
SEC. 405. REMOVAL OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY FROM LEVEL IV OF THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by striking
``Chief Information Officer of the Intelligence Community.''.
Subtitle B--Other Elements
SEC. 411. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL
INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by adding at the end the following:
``SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
``(a) Establishment of Chaplain Corps.--There is in the Agency a
Chaplain Corps for the provision of spiritual or religious pastoral
services.
``(b) Chief of Chaplains.--The head of the Chaplain Corps shall be
the Chief of Chaplains, who shall be appointed by the Director.
``(c) Staff and Administration.--
``(1) Staff.--The Director may appoint and fix the compensation
of such staff of the Chaplain Corps as the Director considers
appropriate, except that the Director may not--
``(A) appoint more than 10 full-time equivalent positions;
or
``(B) provide basic pay to any member of the staff of the
Chaplain Corps at an annual rate of basic pay in excess of the
maximum rate of basic pay for grade GS-15 as provided in
section 5332 of title 5, United States Code.
``(2) Administration.--The Director may--
``(A) reimburse members of the staff of the Chaplain Corps
for work-related travel expenses;
``(B) provide security clearances to such members;
``(C) furnish such physical workspace at the headquarters
building of the Agency as the Director considers appropriate;
and
``(D) certify that all Chaplains meet common standards for
professional chaplaincy and board certification by a national
chaplaincy and pastoral care organization or equivalent.''.
SEC. 412. MODIFICATION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND
ENGINEERING.
Section 4092(b)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) in the case of employees appointed pursuant to
paragraph (1)(G), to any of 2 positions of administration or
management designated by the Director of the National
Geospatial-Intelligence Agency for purposes of this
subparagraph; and''.
SEC. 413. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL
PHENOMENA TASK FORCE.
(a) Availability of Data on Unidentified Aerial Phenomena.--The
Director of National Intelligence and the Secretary of Defense shall
jointly require that each element of the intelligence community and
component of the Department of Defense with data relating to
unidentified aerial phenomena makes such data available immediately to
the Unidentified Aerial Phenomena Task Force, or successor entity, and
to the National Air and Space Intelligence Center.
(b) Quarterly Reports.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than quarterly
thereafter, the Unidentified Aerial Phenomena Task Force, or
successor entity, consistent with the protection of intelligence
sources and methods, shall submit to the appropriate congressional
committees a report on the findings of the Unidentified Aerial
Phenomena Task Force, or successor entity.
(2) Contents.--Each report submitted under paragraph (1) shall
include, at a minimum, the following:
(A) All reported unidentified aerial phenomena-related
events that occurred during the period covered by the report.
(B) All reported unidentified aerial phenomena-related
events that occurred during a period other than the period
covered by the report but were not included in an earlier
report.
(3) Form.--Each report submitted under paragraph (1) shall be
submitted in classified form.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committees on Armed Services of the House of
Representatives and the Senate.
(2) Unidentified aerial phenomena task force.--The term
``Unidentified Aerial Phenomena Task Force'' means the task force
established by the Department of Defense on August 4, 2020, to be
led by the Department of the Navy, under the Office of the Under
Secretary of Defense for Intelligence and Security.
SEC. 414. LIMITATION ON PROCUREMENT BY FEDERAL BUREAU OF
INVESTIGATION OF PEOPLE'S REPUBLIC OF CHINA PRODUCTS AND
SERVICES.
(a) Security Assessment.--The Director of the Federal Bureau of
Investigation may not procure a People's Republic of China product or
service unless, before such procurement--
(1) the Federal Bureau of Investigation conducts a security
assessment of such product or service, including with respect to
any physical, counterintelligence, or cyber vulnerabilities;
(2) there is included in the process of conducting such
security assessment a formal mechanism through which input shall be
submitted by the Counterintelligence Division and Cyber Division of
the Federal Bureau of Investigation regarding such security
assessment, including with respect to any such vulnerabilities; and
(3) the Director (or a designee of the Director) approves a
recommendation, based on the results of such security assessment,
to procure such product or service.
(b) Submission.--Not later than 30 days after the date on which the
Director (or a designee of the Director, as applicable) approves a
recommendation pursuant to subsection (a)(3), the Director shall submit
to the appropriate congressional committees the recommendation and a
copy of the security assessment upon which the recommendation was
based.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Subcommittees on Commerce, Justice, Science, and
Related Agencies of the Committees on Appropriations of the
House of Representatives and the Senate.
(2) People's republic of china product or service.--The term
``People's Republic of China product or service'' means an
information or communication technology product manufactured in
China, Hong Kong, or Macau, or a product or service provided by an
entity that is fully or partially owned or controlled by, or
otherwise connected to, the government of China.
SEC. 415. COUNTERINTELLIGENCE UNITS AT NON-INTELLIGENCE COMMUNITY
FEDERAL DEPARTMENTS AND AGENCIES.
(a) Establishment.--The Director of the Federal Bureau of
Investigation shall establish counterintelligence units in the
departments and agencies described in subsection (b). Such units shall
be composed of officers of the Counterintelligence Division of the
Federal Bureau of Investigation.
(b) Departments and Agencies Described.--The departments and
agencies described in this subsection are the following departments and
agencies of the United States Government:
(1) The Department of Agriculture.
(2) Any other department or agency that the Director, in
coordination with the Director of National Intelligence, determines
appropriate.
(c) Duties.--The Director of the Federal Bureau of Investigation
shall ensure that each counterintelligence unit established under
subsection (a) in a department or agency described in subsection (b)
carries out the following duties:
(1) Conducts assessments, in coordination with the leadership
of the department or agency, to determine the counterintelligence
posture of the department or agency, including any components
thereof.
(2) Informs and consults with the leadership of the department
or agency, including any components thereof, and provides
recommendations with respect to any counterintelligence threats
identified by the intelligence community.
(3) Provides such administrative and technical support as is
necessary to develop, in coordination with the leadership of the
department or agency, a plan to eliminate or reduce the threats
described in paragraph (2).
(4) Serves as the primary point of contact for the department
or agency with respect to counterintelligence for the intelligence
community.
(d) Intelligence Community Support.--The heads of the elements of
the intelligence community shall ensure that relevant
counterintelligence information is provided to counterintelligence
units established under subsection (a) in a manner that is consistent
with the need to protect sources and methods.
(e) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of such other departments and agencies of
the Federal Government as the Director determines appropriate, shall
submit to the appropriate congressional committees a report detailing
options for the intelligence community to improve intelligence support
to the Department of Agriculture and the Department of Commerce. The
report shall be submitted in unclassified form, but may include a
classified annex.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Subcommittees on Commerce, Justice, Science, and
Related Agencies of the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 416. PILOT PROGRAM ON RECRUITMENT AND RETENTION IN OFFICE OF
INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF THE TREASURY.
(a) Pilot Program Required.--The Assistant Secretary for
Intelligence and Analysis of the Department of the Treasury shall carry
out a pilot program to assess the feasibility and advisability of using
adjustments of rates of pay to recruit and retain staff for high-demand
positions in the Office of Intelligence and Analysis of the Department
of the Treasury.
(b) Duration.--The Assistant Secretary shall carry out the pilot
program required by subsection (a) during the 4-year period beginning
on the date of the enactment of this Act.
(c) Additional Pay.--Under the pilot program required by subsection
(a), the Assistant Secretary shall, notwithstanding any provision of
title 5, United States Code, governing the rates of pay or
classification of employees in the executive branch, prescribe the rate
of basic pay for financial and cyber intelligence analyst positions
designated under subsection (d) at rates--
(1) not greater than 130 percent of the maximum basic rate of
pay and locality pay for which such positions would otherwise be
eligible; and
(2) not greater than the rate of basic pay payable for level II
of the Executive Schedule under section 5313 of title 5, United
States Code.
(d) Designated Positions.--
(1) In general.--Subject to paragraph (2), under the pilot
program required by subsection (a), the Assistant Secretary shall
designate not fewer than 5 percent of the total number of positions
in the Office, including positions to be filled by new hires, as
financial or cyber intelligence analyst positions eligible for the
additional pay under subsection (c).
(2) Current employees.--The Assistant Secretary may designate
under paragraph (1) a position filled by an employee who was
employed in that position on the day before the date of the
enactment of this Act only if the employee was in the top one-third
of performance rankings for the position within the Office for the
duration of the 2-year period ending on the date of the enactment
of this Act.
(e) Briefing on the Pilot Program.--Not later than 180 days after
the date of the enactment of this Act and not less frequently than once
each year thereafter for the duration of the period specified in
subsection (b), the Assistant Secretary shall provide to the
appropriate congressional committees and the Director of National
Intelligence a briefing on the pilot program required by subsection
(a).
(f) Report on the Pilot Program.--Not later than 180 days before
the last day of the period specified in subsection (b), the Assistant
Secretary shall submit to the appropriate congressional committees, the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Oversight and Reform of the House of Representatives,
and the Director of National Intelligence a report on the effectiveness
of the pilot program required by subsection (a) and recommendations as
to whether such pilot program should be extended, modified, or ended.
(g) Recommendations of Director of National Intelligence.--Not
later than 3 years after the date of the enactment of this Act, the
Director of National Intelligence shall submit to the appropriate
congressional committees recommendations as to--
(1) which, if any, other elements of the intelligence community
would benefit from a program similar to the pilot program required
by subsection (a); and
(2) what, if any, modifications the Director would recommend
for such elements.
(h) Retention of Prescribed Rates of Pay After Termination of Pilot
Program.--After the conclusion of the period specified in subsection
(b), the Assistant Secretary may continue to pay a person, who received
pay during such period pursuant to a rate of basic pay prescribed under
subsection (c), at a rate of basic pay not to exceed the rate of basic
pay that was in effect for the person pursuant to such subsection on
the day before the last day of such period, until such time as the
applicable rate of basic pay for the person under the General Schedule
exceeds the rate of basic pay that was so in effect under subsection
(c).
(i) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Subcommittees on Financial Services and General
Government of the Committees on Appropriations of the House of
Representatives and the Senate.
SEC. 417. DESIGNATION OF SENATOR ROY BLUNT GEOSPATIAL LEARNING
CENTER.
(a) Designation.--The Geospatial Learning Center in the Next NGA
West facility in St. Louis, Missouri, shall after the date of the
enactment of this Act be known and designated as the ``Senator Roy
Blunt Geospatial Learning Center''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the Geospatial
Learning Center in the Next NGA West facility referred to in subsection
(a) shall be deemed to be a reference to the ``Senator Roy Blunt
Geospatial Learning Center''.
TITLE V--MATTERS RELATING TO OVERSIGHT
SEC. 501. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.
(a) Prohibited Personnel Practices in the Intelligence Community.--
(1) Threats relating to personnel actions.--
(A) Agency employees.--Section 1104(b) of the National
Security Act of 1947 (50 U.S.C. 3234(b)) is amended, in the
matter preceding paragraph (1)--
(i) by striking ``Any employee of an agency'' and
inserting ``Any employee of a covered intelligence
community element or an agency''; and
(ii) by inserting ``, or threaten to take or fail to
take,'' after ``take or fail to take''.
(B) Contractor employees.--Section 1104(c)(1) of such Act
(50 U.S.C. 3234(c)(1)) is amended, in the matter preceding
subparagraph (A), by inserting ``, or threaten to take or fail
to take,'' after ``take or fail to take''.
(2) Protection for contractor employees against reprisal from
agency employees.--Section 1104(c)(1) of such Act (50 U.S.C.
3234(c)(1)), as amended by paragraph (1)(B) of this subsection, is
further amended, in the matter preceding subparagraph (A), by
inserting ``of an agency or'' after ``Any employee''.
(3) Enforcement.--Subsection (d) of section 1104 of such Act
(50 U.S.C. 3234) is amended to read as follows:
``(d) Enforcement.--The President shall provide for the enforcement
of this section consistent, to the fullest extent possible, with the
policies and procedures used to adjudicate alleged violations of
section 2302(b)(8) of title 5, United States Code.''.
(b) Retaliatory Revocation of Security Clearances and Access
Determinations.--
(1) Enforcement.--Section 3001(j) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is
amended--
(A) by redesignating paragraph (8) as paragraph (9); and
(B) by inserting after paragraph (7) the following:
``(8) Enforcement.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of this
section consistent, to the fullest extent possible, with the
policies and procedures used to adjudicate alleged violations of
section 2302(b)(8) of title 5, United States Code.''.
(2) Tolling of deadline for appeal of prohibited reprisal.--
Section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is amended--
(A) in subparagraph (A), by inserting ``(except as provided
by subparagraph (D))'' after ``within 90 days''; and
(B) by adding at the end the following new subparagraph:
``(D) Tolling.--The time requirement established by
subparagraph (A) for an employee or former employee to appeal
the decision of an agency may be tolled if the employee or
former employee presents substantial credible evidence showing
why the employee or former employee did not timely initiate the
appeal and why the enforcement of the time requirement would be
unfair, such as evidence showing that the employee or former
employee--
``(i) did not receive notice of the decision; or
``(ii) could not timely initiate the appeal because of
factors beyond the control of the employee or former
employee.''.
(c) Correction of Definition of Agency.--Section 3001(a)(1)(B) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)(1)(B)) is amended by striking ``and'' and inserting ``or''.
(d) Establishing Consistency With Respect to Protections for
Disclosures of Mismanagement.--
(1) Security clearance and access determinations.--Section
3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3341(j)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''; and
(B) in subparagraph (B)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(2) Personnel actions against contractor employees.--Section
1104(c)(1)(B) of the National Security Act of 1947 (50 U.S.C.
3234(c)(1)(B)) is amended by striking ``gross mismanagement'' and
inserting ``mismanagement''.
(e) Protected Disclosures to Supervisors.--
(1) Personnel actions.--
(A) Disclosures by agency employees to supervisors.--
Section 1104(b) of the National Security Act of 1947 (50 U.S.C.
3234(b)), as amended by subsection (a)(1)(A), is further
amended, in the matter preceding paragraph (1), by inserting
``a supervisor in the employee's direct chain of command, or a
supervisor of the employing agency with responsibility for the
subject matter of the disclosure, up to and including'' before
``the head of the employing agency''.
(B) Disclosures by contractor employees to supervisors.--
Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as
amended by subsection (a), is further amended, in the matter
preceding subparagraph (A), by inserting ``a supervisor in the
contractor employee's direct chain of command, or a supervisor
of the contracting agency with responsibility for the subject
matter of the disclosure, up to and including'' before ``the
head of the contracting agency''.
(2) Security clearance and access determinations.--Section
3001(j)(1)(A) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, in the matter
preceding clause (i), by inserting ``a supervisor in the employee's
direct chain of command, or a supervisor of the employing agency
with responsibility for the subject matter of the disclosure, up to
and including'' before ``the head of the employing agency''.
(f) Establishing Parity for Protected Disclosures.--Section 1104 of
the National Security Act of 1947 (50 U.S.C. 3234) is further amended--
(1) in subsection (b), as amended by subsections (a)(1)(A) and
(e)(1)(A)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(B) in the matter preceding subparagraph (A), as
redesignated and moved by subparagraph (A) of this paragraph,
by striking ``for a lawful disclosure'' and inserting the
following: ``for--
``(1) any lawful disclosure''; and
(C) by adding at the end the following:
``(2) any lawful disclosure that complies with--
``(A) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(C) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(3) if the actions do not result in the employee unlawfully
disclosing information specifically required by Executive order to
be kept classified in the interest of national defense or the
conduct of foreign affairs, any lawful disclosure in conjunction
with--
``(A) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(B) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in
subparagraph (A); or
``(C) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''; and
(2) in subsection (c)(1), as amended by subsections (a),
(d)(2), and (e)(1)(B)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as so
redesignated, 2 ems to the right;
(B) in the matter preceding clause (i), as redesignated and
moved by subparagraph (A) of this paragraph, by striking ``for
a lawful disclosure'' and inserting the following: ``for--
``(A) any lawful disclosure''; and
(C) by adding at the end the following:
``(B) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(ii) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(C) if the actions do not result in the contractor employee
unlawfully disclosing information specifically required by
Executive order to be kept classified in the interest of national
defense or the conduct of foreign affairs, any lawful disclosure in
conjunction with--
``(i) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(ii) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in clause
(i); or
``(iii) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''.
(g) Clarification Relating to Protected Disclosures.--Section 1104
of the National Security Act of 1947 (50 U.S.C. 3234) is further
amended--
(1) by redesignating subsections (d) and (e) as subsections (f)
and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Rule of Construction.--Consistent with the protection of
intelligence sources and methods, nothing in subsection (b) or (c)
shall be construed to authorize--
``(1) the withholding of information from Congress; or
``(2) the taking of any personnel action against an employee
who lawfully discloses information to Congress.
``(e) Disclosures.--A disclosure shall not be excluded from this
section because--
``(1) the disclosure was made to an individual, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered under subsection (b)(1)(B) or the
contractor employee reasonably believed to be covered under
subsection (c)(1)(A)(ii);
``(2) the disclosure revealed information that had been
previously disclosed;
``(3) the disclosure was not made in writing;
``(4) the disclosure was made while the employee was off duty;
``(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure; or
``(6) the disclosure was made during the normal course of
duties of an employee or contractor employee.''.
(h) Correction Relating to Normal Course Disclosures.--Section
3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(3)) is amended--
(1) by striking ``Disclosures.--'' and all that follows through
``because--'' and inserting ``Disclosures.--A disclosure shall not
be excluded from paragraph (1) because--'';
(2) by striking subparagraph (B);
(3) by redesignating clauses (i) through (v) as subparagraphs
(A) through (E), respectively, and moving such subparagraphs, as so
redesignated, 2 ems to the left;
(4) in subparagraph (D), as so redesignated, by striking ``or''
at the end;
(5) in subparagraph (E), as redesignated by paragraph (3), by
striking the period at the end and inserting ``; or''; and
(6) by adding at the end the following:
``(F) the disclosure was made during the normal course of
duties of an employee.''.
(i) Clarification Relating to Rule of Construction.--Section
3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(2)) is amended by inserting ``or clearance
action'' after ``personnel action''.
(j) Clarification Relating to Prohibited Practices.--Section
3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(1)), as amended by this section, is further
amended by striking ``over'' and inserting ``to take, direct others to
take, recommend, or approve''.
(k) Technical Correction.--Section 3001(j)(1)(C)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)(C)(i)) is amended by striking ``(h)'' and inserting ``(g)''.
(l) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report assessing the extent to which protections provided under
Presidential Policy Directive 19 (relating to protecting whistleblowers
with access to classified information) have been codified in statutes.
SEC. 502. AUTHORITIES REGARDING WHISTLEBLOWER COMPLAINTS AND
INFORMATION OF URGENT CONCERN RECEIVED BY INSPECTORS GENERAL OF
THE INTELLIGENCE COMMUNITY.
(a) Authority of Inspector General of the Intelligence Community to
Determine Matters of Urgent Concern.--Section 103H(k)(5)(G) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is amended--
(1) by redesignating clauses (i), (ii), and (iii) as subclauses
(I), (II), and (III), respectively;
(2) in the matter preceding subclause (I), as redesignated by
paragraph (1), by inserting ``(i)'' before ``In this''; and
(3) by adding at the end the following new clause:
``(ii) Within the executive branch, the Inspector General shall
have sole authority to determine whether any complaint or information
reported to the Inspector General is a matter of urgent concern under
this paragraph.''.
(b) Authority of Inspectors General to Determine Matters of Urgent
Concern.--Subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by redesignating paragraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively (and indenting
such clauses accordingly);
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively (and indenting such subparagraphs
accordingly);
(3) in the matter preceding subparagraph (A), as redesignated
by paragraph (2), by inserting ``(1)'' before ``In this''; and
(4) by adding at the end the following new paragraph:
``(2) Within the executive branch, an Inspector General to whom any
complaint or information is reported under this section shall have sole
authority to determine whether the complaint or information is a matter
of urgent concern under this section.''.
(c) Authority of Inspector General of Central Intelligence Agency
to Determine Matters of Urgent Concern.--Section 17(d)(5)(G) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)) is
amended--
(1) in clause (i), by redesignating subclauses (I), (II), and
(III) as items (aa), (bb), and (cc), respectively (and indenting
such items accordingly);
(2) by redesignating clauses (i) and (ii) as subclauses (I) and
(II), respectively (and indenting such subclauses accordingly);
(3) in the matter preceding clause (I), as redesignated by
subparagraph (B), by inserting ``(i)'' before ``In this''; and
(4) by adding at the end the following new clause:
``(ii) Within the executive branch, the Inspector General shall
have sole authority to determine whether any complaint or information
reported to the Inspector General is a matter of urgent concern under
this paragraph.''.
SEC. 503. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF FUNDING
FOR INTELLIGENCE ACTIVITIES.
Paragraph (1) of section 504(a) of the National Security Act of
1947 (50 U.S.C. 3094(a)) is amended to read as follows:
``(1) those funds were specifically authorized by Congress for
use for such intelligence or intelligence-related activities; or''.
SEC. 504. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS PROGRAMS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) is amended by inserting after section 501 the
following new section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 501A. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS PROGRAMS.
``(a) Periodic Briefings.--
``(1) Requirement.--Not less frequently than semiannually or
upon request by one of the appropriate congressional committees or
a member of congressional leadership, the Director of National
Intelligence shall provide to such committees and congressional
leadership a briefing on each controlled access program in effect.
``(2) Contents.--Each briefing provided under paragraph (1)
shall include, at a minimum, the following:
``(A) A description of the activity of the controlled
access programs during the period covered by the briefing.
``(B) Documentation with respect to how the controlled
access programs have achieved outcomes consistent with
requirements documented by the Director and, as applicable, the
Secretary of Defense.
``(b) Limitation on Establishment.--A head of an element of the
intelligence community may not establish a controlled access program,
or a compartment or subcompartment therein, until the head notifies the
appropriate congressional committees and congressional leadership of
such controlled access program, compartment, or subcompartment, as the
case may be.
``(c) Annual Reports.--
``(1) Requirement.--On an annual basis, the head of each
element of the intelligence community shall submit to the
appropriate congressional committees and congressional leadership a
report on controlled access programs administered by the head.
``(2) Matters included.--Each report submitted under paragraph
(1) shall include, with respect to the period covered by the
report, the following:
``(A) A list of all compartments and subcompartments of
controlled access programs active as of the date of the report.
``(B) A list of all compartments and subcompartments of
controlled access programs terminated during the period covered
by the report.
``(C) With respect to the report submitted by the Director
of National Intelligence, in addition to the matters specified
in clauses (A) and (B)--
``(i) a certification regarding whether the creation,
validation, or substantial modification, including
termination, for all existing and proposed controlled
access programs, and the compartments and subcompartments
within each, are substantiated and justified based on the
information required by clause (ii); and
``(ii) for each certification--
``(I) the rationale for the revalidation,
validation, or substantial modification, including
termination, of each controlled access program,
compartment, and subcompartment;
``(II) the identification of a control officer for
each controlled access program; and
``(III) a statement of protection requirements for
each controlled access program.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
``(B) the Committee on Appropriations of the Senate; and
``(C) the Committee on Appropriations of the House of
Representatives.
``(2) Congressional leadership.--The term `congressional
leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives; and
``(D) the minority leader of the House of Representatives.
``(3) Controlled access program.--The term `controlled access
program' means a program created or managed pursuant to
Intelligence Community Directive 906, or successor directive.''.
(b) First Reports.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall submit to the appropriate congressional committees
and congressional leadership a report on all controlled access
programs of the element in effect.
(2) Matters addressed.--Each report under paragraph (1) shall
address, for each controlled access program covered by the report,
the following:
(A) Date of initial operational capability.
(B) Rationale.
(C) Annual level of funding.
(D) Current operational use.
(c) Briefing.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide to the appropriate congressional committees and
congressional leadership a briefing on all controlled access
programs established during the 3-year period preceding such date
of enactment that have not been previously briefed to such
committees and leadership.
(2) Limitation.--If the Director does not carry out paragraph
(1) by the date specified in that paragraph, no funds may be
obligated or expended by an element of the intelligence community
to carry out a controlled access program described in that
paragraph, or a compartment or subcompartment therein, until the
head of that element has provided to the appropriate congressional
committees and congressional leadership a briefing on the
controlled access program.
(d) Definitions.--In this section, the terms ``appropriate
congressional committees'', ``congressional leadership'', and
``controlled access programs'' have the meanings given those terms in
section 501A of the National Security Act of 1947, as added by
subsection (a).
(e) Conforming Repeal.--Section 608 of the Intelligence
Authorization Act for Fiscal Year 2017 (division N of Public Law 115-
31; 131 Stat. 833; 50 U.S.C. 3315) is amended by striking subsection
(b).
SEC. 505. ANNUAL REPORTS ON DOMESTIC ACTIVITIES OF INTELLIGENCE
COMMUNITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Bureau of Investigation and the Department of
Homeland Security conduct vital work in enforcing the rule of law
and safeguarding the people of the United States from harm;
(2) the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) sought to facilitate
greater information sharing between law enforcement and
intelligence communities for the purpose of thwarting attacks on
the homeland from international terrorist organizations;
(3) National Intelligence Program funds should be expended only
in support of intelligence activities with a foreign nexus,
consistent with the definition of ``intelligence'' provided by
Congress in section 3 of the National Security Act of 1947 (50
U.S.C. 3003); and
(4) the intelligence community should not engage in the
collection, assessment, or analysis of information that pertains
exclusively to United States persons absent a foreign nexus.
(b) Requirement.--Title V of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), is amended by adding at the end the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 513. ANNUAL REPORTS ON THE DOMESTIC ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
``(a) Reports.--Not later than January 31 of each year, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report--
``(1) identifying all domestic activities undertaken by each
element of the intelligence community during the prior fiscal year;
and
``(2) for each activity identified under paragraph (1), a
statement of the legal authority authorizing such activity to be
undertaken.
``(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.''.
(c) First Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees the first report
required under section 513 of the National Security Act of 1947, as
added by subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Subcommittees on Commerce, Justice, Science, and
Related Agencies and the Subcommittees on Homeland Security of the
Committees on Appropriations of the House of Representatives and
the Senate.
SEC. 506. REPORTS RELATING TO INSPECTOR GENERAL OF DEFENSE
INTELLIGENCE AGENCY.
(a) Report on Responses by Inspector General to Substantiated
Allegations.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Defense Intelligence
Agency shall submit to the appropriate congressional committees a
report on allegations of reprisal or abuse of authority determined
to be substantiated by the Inspector General of the Defense
Intelligence Agency during the 5-year period preceding the date of
the enactment of this Act.
(2) Matters included.--The report under paragraph (1) shall
include, with respect to each allegation determined to be
substantiated during the 5-year period specified in such paragraph,
a description of the following:
(A) Details of each substantiated allegation.
(B) The rank or grade of the individuals involved in the
allegation.
(C) Any disciplinary action recommended by the Inspector
General in response to the allegation, or, if the Inspector
General recommended no disciplinary action be taken in
response, any justification for such recommendation.
(D) Any disciplinary action taken by the relevant manager
of the Defense Intelligence Agency in response to the
allegation.
(E) Whether the relevant manager reduced, or declined to
take, a disciplinary action recommended by the Inspector
General in response to the allegation.
(F) Any justification from the relevant manager regarding
the decision to take, reduce, or decline to take, a
disciplinary action recommended by the Inspector General in
response to the allegation.
(G) The process by which Defense Intelligence Agency
management reviews and makes decisions regarding disciplinary
actions in response to substantiated allegations, including--
(i) the criteria applied by management in making the
decision to take, reduce, or decline to take, a
disciplinary action;
(ii) a description of which managers have the authority
to make such decisions, including the rank or grade of the
managers; and
(iii) a description of any formal or informal appeals
processes available with respect to such decisions.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(b) Report on Processes for Ensuring Independence of Inspector
General.--
(1) Report.--Not later than 30 days after the date of the
enactment of this Act, the Director of the Defense Intelligence
Agency shall submit to the appropriate congressional committees and
the Council of the Inspectors General on Integrity and Efficiency
established under section 11 of the Inspector General Act of 1978
(5 U.S.C. App.) a report on the processes of the Defense
Intelligence Agency for ensuring the independence of the position
of the Inspector General of the Defense Intelligence Agency.
(2) Matters included.--The report under paragraph (1) shall
include a description of the following:
(A) The selection criteria used by the Director in the
appointment of the Inspector General.
(B) The methods used by the Director to ensure the
independence of the position of the Inspector General,
including--
(i) the process for vetting candidates for such
position for independence from leadership of the Defense
Intelligence Agency and from officials occupying positions
in the Defense Intelligence Senior Executive Service; and
(ii) the process for evaluating such candidates for
conflicts of interest.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(c) Assessment by Council of Inspectors General on Integrity and
Efficiency.--
(1) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Council of the Inspectors General on
Integrity and Efficiency shall--
(A) conduct an assessment of the effectiveness of the
selection criteria and methods specified in subsection (b)(2)
with respect to the position of the Inspector General of the
Defense Intelligence Agency; and
(B) submit to the appropriate congressional committees a
report containing the results of such assessment.
(2) Form.--The report under paragraph (1)(B) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
TITLE VI--ANOMALOUS HEALTH INCIDENTS AND OTHER HEALTH CARE MATTERS
SEC. 601. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN
MEDICAL OFFICERS OF CENTRAL INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.), as amended by section 411, is further amended by adding at the
end the following new section:
``SEC. 27. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN
MEDICAL OFFICERS.
``(a) Office of Medical Services.--There is in the Agency an Office
of Medical Services.
``(b) Compensation.--Beginning not later than 1 year after the date
of the enactment of the Intelligence Authorization Act for Fiscal Year
2022, each medical officer of the Office of Medical Services who meets
the qualifications under subsection (c) shall be compensated during a
pay period pursuant to a pay range that is equal to the pay range
published in the Federal Register pursuant to section 7431(e)(1)(C) of
title 38, United States Code (for the corresponding pay period), for a
physician in the Veterans Health Administration in the District of
Columbia region with a medical subspecialty that is the equivalent of
the medical subspecialty of the officer.
``(c) Clinical Practice Qualifications.--A medical officer meets
the qualifications under this subsection if the officer provides direct
care services to patients in connection with the official duties of the
officer and--
``(1) maintains current, active, full, and unrestricted
licensure or registration as a physician from a State, the District
of Columbia, or a commonwealth or territory of the United States;
``(2) holds active board certification and maintains
accreditation in an American Board of Medical Specialties direct
care clinical specialty; and
``(3) except as provided in subsection (d), maintains a minimum
of 96 hours per year of clinical practice in an accredited clinic
or hospital facility that is not affiliated with the Central
Intelligence Agency.
``(d) Exception for Overseas Service.--If a medical officer is a
medical officer located in a duty station outside of the United States
pursuant to a permanent change of station and greater than 50 percent
of the official duties of the officer in such duty station involve
direct patient care, the officer, in lieu of performing the minimum
hours under subsection (c)(3) on an annual basis, may count up to 480
hours of clinical practice performed as specified in such subsection
prior to such change of station, to fulfill in advance the requirement
under such subsection for up to 3 years.
``(e) Clinical Practice Hours.--The head of the Office of Medical
Services shall make available to medical officers excused absence time
to allow for the maintenance of clinical practice hours in accordance
with subsection (c)(3).''.
SEC. 602. MEDICAL ADVISORY BOARD OF CENTRAL INTELLIGENCE AGENCY.
(a) Establishment.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.), as amended by section 601, is further amended by
adding at the end the following new section:
``SEC. 28. MEDICAL ADVISORY BOARD.
``(a) Establishment.--The Director shall establish within the
Agency a medical advisory board (in this section referred to as the
`Board').
``(b) Duties.--The Board shall--
``(1) conduct a study on the Office of Medical Services of the
Agency, and submit reports regarding such study, in accordance with
subsection (c); and
``(2) upon request, provide advice and guidance in connection
with any independent review of the Office conducted by an inspector
general.
``(c) Study.--
``(1) Objectives.--In conducting the study under subsection
(b)(1), the Board shall seek to--
``(A) contribute to the modernization and reform of the
Office of Medical Services;
``(B) ensure that the activities of the Office are of the
highest professional quality; and
``(C) ensure that all medical care provided by the Office
is provided in accordance with the highest professional medical
standards.
``(2) Reports.--The Board shall submit to the congressional
intelligence committees, in writing--
``(A) interim reports on the study; and
``(B) a final report on the study, which shall--
``(i) set forth in detail the findings of the study and
the recommendations of the Board, based on such findings
and taking into consideration the objectives under
paragraph (1), regarding any changes to the activities of
the Office of Medical Services; and
``(ii) include, as applicable, any additional or
dissenting views submitted by a member of the Board.
``(d) Membership.--
``(1) Number and appointment.--The Board shall be composed of 9
members, appointed as follows:
``(A) 1 member appointed by the Speaker of the House of
Representatives.
``(B) 1 member appointed by the minority leader of the
House of Representatives.
``(C) 1 member appointed by the majority leader of the
Senate.
``(D) 1 member appointed by the minority leader of the
Senate.
``(E) 1 member appointed by the Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives.
``(F) 1 member appointed by the ranking minority member of
the Permanent Select Committee on Intelligence of the House of
Representatives.
``(G) 1 member appointed by the Chairman of the Select
Committee on Intelligence of the Senate.
``(H) 1 member appointed by the Vice Chairman of the Select
Committee on Intelligence of the Senate.
``(I) 1 member appointed by the Director of National
Intelligence.
``(2) Chairperson.--During the first meeting under subsection
(e)(1), the members of the Board shall elect a Chairperson of the
Board. In addition to meeting the criteria under paragraph (3), the
Chairperson may not be an employee, or former employee, of the
Agency.
``(3) Criteria.--The members appointed under paragraph (1)
shall meet the following criteria:
``(A) Each member shall be a recognized expert in at least
1 medical field, as demonstrated by appropriate credentials.
``(B) Each member shall possess significant and diverse
medical experience, including clinical experience.
``(C) Each member shall be eligible to hold an appropriate
security clearance.
``(4) Terms.--
``(A) In general.--Each member, including the Chairperson,
shall be appointed or elected, as applicable, for the life of
the Board.
``(B) Vacancies.--Any vacancy in the Board occurring prior
to the expiration of the term under subparagraph (A) shall be
filled in the manner in which the original appointment or
election was made.
``(5) Compensation and travel expenses.--
``(A) Compensation.--Except as provided in subparagraph
(B), each member of the Board, including the Chairperson, may
be compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties under subsection (b).
``(B) Exception for federal employees.--Members of the
Board, including the Chairperson, who are officers or employees
of the United States shall receive no additional pay by reason
of the service of the member on the Board.
``(C) Travel expenses.--Each member of the Board, including
the Chairperson, while away from the home or regular places of
business of the member in the performance of services for the
Board, may be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
``(6) Detailees.--
``(A) In general.--Upon request of the Board, the Director
of National Intelligence may detail to the Board, without
reimbursement from the Board, any of the personnel of the
Office of the Director of National Intelligence to assist in
carrying out the duties under subsection (b). Any such detailed
personnel shall retain the rights, status, and privileges of
the regular employment of the personnel without interruption.
``(B) Clearance.--Any personnel detailed to the Board under
subparagraph (A) shall possess a security clearance in
accordance with applicable laws and regulations concerning the
handling of classified information.
``(e) Meetings.--
``(1) Board meetings.--The Board shall meet not less frequently
than on a quarterly basis.
``(2) Meetings with congress.--The Board shall meet with the
congressional intelligence committees on a biannual basis.
``(f) Information Access.--
``(1) In general.--Except as provided in paragraph (2), the
Board may secure directly from any department or agency of the
United States Government information necessary to enable it to
carry out the duties under subsection (b) and, upon request of the
Chairperson of the Board, the head of that department or agency
shall furnish such information to the Board.
``(2) Exception.--The Director (without delegation) may deny a
request for information made by the Board pursuant to paragraph
(1), regardless of the agency from which such information is
requested.
``(3) Notification requirement.--If the Director denies a
request under paragraph (2), not later than 15 days after the date
of such denial, the Director shall submit to the congressional
intelligence committees a written notification of such denial.
``(4) Briefings.--The Director shall ensure that the Board
receives comprehensive briefings on all activities of the Office of
Medical Services, including by promptly scheduling such briefings
at the request of the Board.
``(g) Termination.--The Board shall terminate on the date that is 5
years after the date of the first meeting of the Board.
``(h) Definitions.--In this section, the terms `congressional
intelligence committees' and `intelligence community' have the meanings
given such terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
(b) Deadline for Appointments; First Meetings.--
(1) Deadline for appointments.--Each member of the medical
advisory board established under section 28 of the Central
Intelligence Agency Act of 1949 (as added by subsection (a)),
including the Chairperson, shall be appointed or elected, as
applicable, in accordance with subsection (d) of such section by
not later than 45 days after the date of the enactment of this Act.
(2) First board meeting.--Not later than 30 days after the
first date on which at least 5 members of the Board described in
paragraph (1) hold the security clearance and are able to access
information in accordance with subsection (d)(3)(C) of such section
28, the Board shall meet. During such meeting, the Director of the
Central Intelligence Agency shall provide to the Board a
comprehensive briefing on all aspects of the Office of Medical
Services of the Central Intelligence Agency.
(3) First meeting with congress.--Not later than 30 days after
the date of the briefing under paragraph (2), the Board described
in such paragraph shall meet with the staff members of the
congressional intelligence committees to discuss topics for the
Board to examine in carrying out the duties under subsection (b) of
such section 28.
SEC. 603. CLARIFICATION OF EFFECT OF CERTAIN BENEFITS RELATING TO
INJURIES TO THE BRAIN.
(a) Personnel of Central Intelligence Agency.--Section 19A(d) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) is
amended by adding at the end the following new paragraph:
``(5) No effect on other benefits.--Payments made under
paragraph (2) are supplemental to any other benefit furnished by
the United States Government for which a covered dependent, covered
employee, or covered individual is entitled, and the receipt of
such payments may not affect the eligibility of such a person to
any other benefit furnished by the United States Government.''.
(b) Personnel of Department of State.--Section 901(i) of title IX
of division J of the Further Consolidated Appropriations Act, 2020 (22
U.S.C. 2680b(i)) is amended by adding at the end the following new
paragraph:
``(5) No effect on other benefits.--Payments made under
paragraph (2) are supplemental to any other benefit furnished by
the United States Government for which a covered dependent,
dependent of a former employee, covered employee, former employee,
or covered individual is entitled, and the receipt of such payments
may not affect the eligibility of such a person to any other
benefit furnished by the United States Government.''.
SEC. 604. ACCESS TO CERTAIN FACILITIES OF UNITED STATES GOVERNMENT
FOR ASSESSMENT OF ANOMALOUS HEALTH CONDITIONS.
(a) Assessment.--The Director of National Intelligence shall ensure
that the elements of the intelligence community provide to individuals
described in subsection (c) who are experiencing symptoms of anomalous
health conditions timely access for medical assessment to facilities of
the United States Government with expertise in traumatic brain injury.
(b) Process for Assessment and Treatment.--In carrying out
subsection (a), the Director of National Intelligence shall coordinate
with the Secretary of Defense and the heads of such Federal agencies as
the Director considers appropriate to ensure that, by not later than 60
days after the date of the enactment of this Act, there is a process to
provide the individuals described in subsection (c) with timely access
to the National Intrepid Center of Excellence, an Intrepid Spirit
Center, or an appropriate medical treatment facility for assessment as
described in subsection (a) and, if necessary, treatment.
(c) Individuals Described.--The individuals described in this
subsection are employees of elements of the intelligence community and
the dependents or other immediate family members of such employees.
SEC. 605. REPORT ON PROTOCOLS FOR CERTAIN INTELLIGENCE COMMUNITY
EMPLOYEES AND DEPENDENTS.
(a) In General.--Beginning not later than 180 days after the date
of enactment of this Act, the President shall develop, for uniform
implementation across the elements of the intelligence community, each
of the protocols described in subsections (c) through (f). Such
protocols shall be subject to review and revision on a periodic basis,
and any implementation of such protocols shall be conducted in
accordance with applicable laws and current clinical and professional
practices of the interagency medical community.
(b) Privacy.--No data collected pursuant to any protocol under this
section may be used for research or analytical purposes without the
written consent of the individual from whom such data was collected
with respect to such use.
(c) Protocol on Baseline Medical Testing.--The protocol described
in this subsection is a protocol for conducting voluntary baseline
medical testing of covered employees, covered individuals, and the
dependents of covered employees who are included on the overseas travel
orders of the covered employee. Such protocol shall set forth the
required elements of such baseline medical testing, such as--
(1) standard lab collection and testing of relevant biofluids;
(2) the conduct of relevant visual and auditory examinations;
(3) the conduct of Acquired Brain Injury Tool assessments, or
other relevant assessments for balance, eye motion, and cognition;
(4) the assessment of relevant medical histories; and
(5) the conduct of any other standard relevant medical or
neurological examinations, testing, or assessments.
(d) Protocols on Post-incident Medical Testing.--The protocols
described in this subsection are protocols to enable voluntary medical
testing and the coordination of treatment for covered employees,
covered individuals, and the dependents of covered employees, following
a reported anomalous health incident, such as--
(1) a protocol that sets forth elements, similar to the
elements described in subsection (c), of such testing;
(2) a protocol pertaining to the voluntary testing and
treatment for victims of anomalous health incidents who are
children;
(3) a protocol for ensuring that all victims of anomalous
health incidents receive access to prompt and consistent medical
treatment, including from medical professionals holding appropriate
security clearances and medical professionals with expertise in
child care;
(4) a protocol for ensuring that all victims of anomalous
health incidents are offered options for psychological treatment
for the effects of such incidents; and
(5) a protocol for ensuring that any testing, evaluation, or
collection of biofluids or other samples following a reported
anomalous health incident may be compared against the baseline for
the victim of the anomalous health incident, to the extent the
individual participated in the baseline medical testing, consistent
with subsections (b) and (c).
(e) Protocol on Information Collection, Storage, and
Safeguarding.--The protocol described in this subsection is a protocol
for the collection, storage, and safeguarding of information acquired
as a result of the protocols described in subsections (c) and (d).
(f) Protocol on Reporting Mechanisms.--The protocol described in
this subsection is a protocol for the reporting of matters relating to
anomalous health incidents by covered employees, covered individuals,
and the dependents of covered employees, including the development of a
system for the adjudication of complaints regarding medical treatment
received by such covered employees, covered individuals, and dependents
of covered employees.
(g) Report and Briefings.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report on the
protocols described in subsections (c) through (f).
(2) Elements.--Such report shall include the following
elements:
(A) A copy of each protocol under this section.
(B) A description of the following:
(i) Any interagency agreements, authorities, or
policies required to effectively implement the protocols
under this section.
(ii) Any new facilities, medical equipment, tools,
training, or other resources required to effectively
implement such protocols.
(C) A timeline for the implementation of the protocols
under this section, including a proposal for the prioritization
of implementation with respect to various categories of covered
employees and the dependents of covered employees.
(3) Briefing.--Not later than 60 days following the date of
submission of the report under paragraph (1), and biannually
thereafter, the Director shall provide to the appropriate
congressional committees a briefing regarding the implementation of
the protocols under this section.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the House of
Representatives and the Senate.
(2) Covered employee.--The term ``covered employee'' means an
individual who is an employee, assignee, or detailee of an element
of the intelligence community.
(3) Covered individual.--The term ``covered individual'' means
a contractor to an element of the intelligence community.
(4) Dependent of a covered employee.--The term ``dependent of a
covered employee'' means, with respect to a covered employee, a
family member (including a child), as defined by the Director of
National Intelligence.
(5) Victim of an anomalous health incident.--The term ``victim
of an anomalous health incident'' means a covered employee, covered
individual, or dependent of a covered employee, who is, or is
suspected to have been, affected by an anomalous health incident.
SEC. 606. INSPECTOR GENERAL OF CENTRAL INTELLIGENCE AGENCY
INSPECTION OF OFFICE OF MEDICAL SERVICES.
(a) Inspection.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Central
Intelligence Agency, in coordination with, and with the support of, the
Inspector General of the Intelligence Community, shall submit to the
congressional intelligence committees a report containing an inspection
of the responsibilities, authorities, resources, and performance of the
Office of Medical Services of the Central Intelligence Agency (in this
section referred to as the ``Office'').
(b) Matters Included.--The inspection under subsection (a) shall
include the following:
(1) A detailed description of the responsibilities and
authorities of the Office, as set forth in Federal law and any
applicable regulation, policy, or other document of the Central
Intelligence Agency.
(2) A detailed description of the budgetary, human, and other
resources available to the Office, including with respect to
employees and any other personnel.
(3) An assessment of the ability of the Office to consistently
discharge the responsibilities of the Office, with an emphasis on
the provision of medical treatment and care by personnel of the
Office, including with respect to--
(A) the roles of personnel of the Office, and of senior
officials of the Agency outside of the Office, in determining
what medical evaluation, treatment, and care should be provided
in a particular case, including the provision of specialty care
by medical personnel outside of the Office;
(B) whether personnel of the Office consistently provide
appropriate and high-quality medical treatment and care in
accordance with standards set independently by the professional
medical community;
(C) whether the Office has sufficient human and other
resources, including personnel with specialized background,
qualifications, or expertise, to consistently provide high-
quality medical treatment and care in accordance with standards
set independently by the professional medical community;
(D) whether personnel of the Office, including personnel
claiming specialized medical backgrounds and expertise, are
required by the Agency to maintain current board certifications
or other certifications and licenses, and the extent to which
the Office verifies such certifications and licenses;
(E) the extent to which the Office makes consistent and
effective use of the specialized medical background,
qualifications, and expertise of the personnel of the Office in
providing medical treatment and care;
(F) an assessment of whether personnel of the Office who
provide medical treatment and care, or who make decisions with
respect to such treatment or care, are required to have
extensive clinical or other experience in directly treating
patients, including in areas requiring specialized background,
qualifications, or expertise;
(G) any factors that have frustrated or delayed the
provision of medical treatment and care by personnel of the
Office in significant cases; and
(H) any factors that have frustrated or could frustrate
prompt detection, effective oversight, and swift remediation of
problems within the Office, including such factors that
frustrate or delay the provision of medical treatment and care
in significant cases.
(c) Independent Advice.--In conducting the inspection under
subsection (a), the Inspector General may obtain the advice of the
medical advisory board established under section 28 of the Central
Intelligence Agency Act of 1949 (as added by section 602).
(d) Form.--The report under subsection (a) shall be submitted in an
unclassified form to the extent practicable, consistent with the
protection of intelligence sources and methods, but may include a
classified annex.
TITLE VII--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to China
SEC. 701. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
CAMPAIGNS IN THE UNITED STATES BY THE CHINESE COMMUNIST PARTY.
Section 1107(b) of the National Security Act of 1947 (50 U.S.C.
3237(b)) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) A listing of all known Chinese talent recruitment
programs operating in the United States as of the date of the
report.''.
SEC. 702. ASSESSMENT OF GENOMIC COLLECTION BY CHINA.
(a) Assessment Submitted to Congressional Intelligence
Committees.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of other entities of the United States
Government the Director determines appropriate, shall submit to the
congressional intelligence committees an assessment of the plans,
intentions, capabilities, and resources of China devoted to
biotechnology, and the objectives underlying those plans,
intentions, capabilities, and resources.
(2) Elements.--The assessment under paragraph (1) shall
include--
(A) a detailed analysis of efforts undertaken by China to
acquire foreign-origin biotechnology, research and development,
and genetic information, including technology owned by United
States companies, research by United States institutions, and
the genetic information of United States citizens;
(B) identification of China-based organizations conducting
or directing efforts described in subparagraph (A), including
information about the ties between those organizations and the
Chinese government, the Chinese Communist Party, or the
People's Liberation Army; and
(C) a detailed analysis of the resources of the
intelligence community devoted to biotechnology, including
synthetic biology and genomic-related issues, and a plan to
improve understanding of these issues and ensure the
intelligence community has the requisite expertise.
(3) Form.--The assessment under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(b) Assessment Submitted to Certain Other Committees.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of other entities of the United States
Government the Director determines appropriate, shall submit to the
appropriate congressional committees an assessment of the plans,
intentions, capabilities, and resources of China devoted to
biotechnology, and the objectives underlying those plans,
intentions, capabilities, and resources.
(2) Elements.--The assessment required by paragraph (1) shall
include the elements described in subparagraphs (A) and (B) of
subsection (a)(2).
(3) Form.--The assessment under paragraph (1) shall be
submitted in unclassified form.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on Foreign Affairs of
the House of Representatives.
SEC. 703. REPORT ON THREAT POSED BY EMERGING CHINESE TECHNOLOGY
COMPANIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Assistant Secretary of the Treasury for
Intelligence and Analysis and the Director of the Federal Bureau of
Investigation, and consistent with the protection of intelligence
sources and methods, shall submit to the appropriate congressional
committees a report on the threat to the economic and security
interests of the United States posed by emerging Chinese technology
companies.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment of the threat to the economic and security
interests of the United States posed by emerging Chinese technology
companies, including with respect to--
(A) the practices of such companies and the relationships
of such companies to the government of China and the Chinese
Communist Party;
(B) the extent to which such companies benefit from
government financing or contracting vehicles outside of China;
(C) the extent to which such companies facilitate the
targeting of dissidents and other vulnerable populations;
(D) the market penetration of such companies among allies
and strategic partners of the United States;
(E) the security of the communications, data, and
commercial interests of consumer and commercial end-users of
the products of such companies; and
(F) the privacy interests of such consumers and commercial
end-users.
(2) An assessment of the ability of the United States to
counter any such threat, including with respect to different tools
that could counter such a threat.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committees on Armed Services of the House of
Representatives and the Senate;
(C) the Subcommittees on Commerce, Justice, Science, and
Related Agencies and the Subcommittees on Financial Services
and General Government of the Committees on Appropriations of
the House of Representatives and the Senate; and
(D) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Emerging chinese technology companies.--The term ``emerging
Chinese technology companies'' means a Chinese technology company,
including a company listed on the Science and Technology Innovation
Board of the Shanghai Stock Exchange, that the Assistant Secretary
of the Treasury for Intelligence and Analysis determines poses a
significant threat to the national security of the United States.
SEC. 704. REPORT AND BRIEFING ON COOPERATION BETWEEN CHINA AND
UNITED ARAB EMIRATES.
(a) Requirement.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of elements of the intelligence community
that the Director determines appropriate, and consistent with the
protection of intelligence sources and methods, shall provide to the
appropriate congressional committees a briefing, and submit to the
appropriate congressional committees a report, containing the
following:
(1) Details on the cooperation between China and the United
Arab Emirates regarding defense, security, technology, and other
strategically sensitive matters that implicate the national
security interests of the United States.
(2) The most recent (as of the date of the report or briefing,
as the case may be) quarterly assessment by the intelligence
community of measures that the United Arab Emirates has implemented
to safeguard technology of the United States and the reliability of
any assurances by the United Arab Emirates (with respect to both
current assurances and assurances being considered as of such
date).
(3) A certification by the Director regarding whether such
assurances described in paragraph (2) are viable and sufficient to
protect technology of the United States from being transferred to
China or other third parties.
(b) Form.--The report under subsection (a) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(3) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 705. REPORT ON CREATION OF OFFICIAL DIGITAL CURRENCY BY CHINA.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the President, consistent with the protection of
intelligence sources and methods, shall transmit to the appropriate
congressional committees a report on the short-, medium-, and long-term
national security risks associated with the creation and use of the
official digital renminbi of China, including--
(1) risks arising from potential surveillance of transactions;
(2) risks relating to security and illicit finance; and
(3) risks relating to economic coercion and social control by
China.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Banking, Housing, and Urban Affairs, the
Committee on Foreign Relations, and the Committee on Appropriations
of the Senate; and
(3) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the House
of Representatives.
SEC. 706. REPORT ON INFLUENCE OF CHINA THROUGH BELT AND ROAD
INITIATIVE PROJECTS WITH OTHER COUNTRIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report on
recent projects negotiated by China with other countries as part of the
Belt and Road Initiative of China. The Director shall include in the
report information about the types of such projects, costs of such
projects, and the potential national security implications of such
projects.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 707. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO ERODE
FREEDOM AND AUTONOMY IN HONG KONG.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report on
efforts of the Chinese Communist Party to stifle political freedoms in
Hong Kong, influence or manipulate the judiciary of Hong Kong, destroy
freedom of the press and speech in Hong Kong, and take actions to
otherwise undermine the democratic processes of Hong Kong.
(b) Contents.--The report submitted under subsection (a) shall
include an assessment of the implications of the efforts of the Chinese
Communist Party described in such subsection for international
business, investors, academic institutions, and other individuals
operating in Hong Kong.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
SEC. 708. REPORT ON TARGETING OF RENEWABLE SECTORS BY CHINA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report
assessing the efforts and advancements of China in the wind power,
solar power, and electric vehicle battery production sectors (or key
components of such sectors).
(b) Contents.--The report under subsection (b) shall include the
following:
(1) An assessment of how China is targeting rare earth minerals
and the effect of such targeting on the sectors described in
subsection (a).
(2) Details of the use by the Chinese Communist Party of state-
sanctioned forced labor schemes, including forced labor and the
transfer of Uyghurs and other ethnic groups, and other human rights
abuses in such sectors.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
Subtitle B--Matters Relating to Other Countries
SEC. 711. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN
AFGHANISTAN AND RELATED REGION.
(a) Requirement.--The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on the situation in Afghanistan and the covered
region.
(b) Matters.--The National Intelligence Estimate produced under
subsection (a) shall include, with respect to the 2-year period
beginning on the date on which the Estimate is produced, an assessment
of the following:
(1) The presence in Afghanistan (including financial
contributions to the Taliban, political relations with the Taliban,
military presence in the covered region, economic presence in the
covered region, and diplomatic presence in the covered region) of
China, Iran, Pakistan, Russia, and any other foreign country
determined relevant by the Director, respectively, and an
assessment of the potential risks, or benefits, of any such
presence, contributions, or relations.
(2) Any change in the threat to the United States homeland or
United States entities abroad as a result of the withdrawal of the
Armed Forces from Afghanistan on August 31, 2021, including an
assessment of the risk of al-Qaeda or any affiliates thereof, the
Islamic State of Iraq and ash Sham-Khorasan or any affiliates
thereof, or any other similar international terrorist group, using
Afghanistan as a safe haven for launching attacks on the United
States and its interests abroad.
(3) The political composition and sustainability of the
governing body of Afghanistan, including an assessment of the
ability of the United States Government to influence the policies
of such governing body on the following:
(A) Counterterrorism.
(B) Counternarcotics.
(C) Human rights (particularly regarding women and girls
and traditionally targeted ethnic groups).
(D) The treatment and safe transit of Afghans holding
special immigrant visa status under section 602 of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other
Afghans who, during the period beginning in 2001, assisted
efforts of the United States in Afghanistan or the covered
region.
(4) The effect on the covered region, and Europe, of refugees
leaving Afghanistan.
(5) The commitments of the Taliban relating to
counterterrorism, including an assessment of--
(A) whether such commitments required under the agreement
entered into between the United States Government and the
Taliban in February 2020, have been tested, or will be tested
during the 2-year period covered by the Estimate, and what such
commitments entail;
(B) whether any additional commitments relating to
counterterrorism agreed to by the Taliban pursuant to
subsequent negotiations with the United States Government
following February 2020, have been tested, or will be tested
during the 2-year period covered by the Estimate, and, if
applicable, what such commitments entail;
(C) any benchmarks against which the Taliban are to be
evaluated with respect to commitments relating to
counterterrorism; and
(D) the intentions and capabilities of the Taliban with
respect to counterterrorism (as such term is understood by the
United States and by the Taliban, respectively), including the
relations of the Taliban with al-Qaeda or any affiliates
thereof, the Islamic State of Iraq and ash Sham-Khorasan or any
affiliates thereof, or any other similar international
terrorist group.
(c) Submission to Congress.--
(1) Submission.--Not later than one year after the date of the
enactment of this Act, the Director shall submit to the appropriate
congressional committees the National Intelligence Estimate
produced under subsection (a). In so submitting the Estimate to the
congressional intelligence committees, the Director shall include
all intelligence reporting underlying the Estimate.
(2) Form.--The National Intelligence Estimate shall be
submitted under paragraph (1) in classified form.
(d) Public Version.--Consistent with the protection of intelligence
sources and methods, at the same time as the Director submits to the
appropriate congressional committees the National Intelligence Estimate
under subsection (c), the Director shall make publicly available on the
internet website of the Director an unclassified version of the key
findings of the National Intelligence Estimate.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the House of
Representatives and the Senate.
(2) Covered region.--The term ``covered region'' includes the
following countries:
(A) China.
(B) The Gulf Cooperation Council countries, including
Qatar, Saudi Arabia, the United Arab Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
(3) United states entity.--The term ``United States entity''
means a citizen of the United States, an embassy or consulate of
the United States, or an installation, facility, or personnel of
the United States Government.
SEC. 712. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER
MATTERS RELATING TO AFGHANISTAN AND RELATED REGION.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence, in consultation
with the heads of elements of the intelligence community determined
relevant by the Director, shall submit to the congressional
intelligence committees a report on the collection posture of the
intelligence community and other matters relating to Afghanistan and
the covered region.
(b) Matters.--The report under subsection (a) shall include the
following:
(1) A detailed description of the collection posture of the
intelligence community with respect to Afghanistan, including with
respect to the following:
(A) The countering of terrorism threats that are directed
at the United States homeland or United States entities abroad.
(B) The finances of the Taliban, including financial and
nonfinancial contributions to the Taliban from foreign
countries (particularly from China, Iran, Russia, and any other
foreign country in the Arab Gulf region (or elsewhere)
determined relevant by the Director, respectively).
(C) The detection, and prevention of, any increased threat
to the United States homeland or United States entities abroad
as a result of the withdrawal of the United States Armed Forces
from Afghanistan on August 31, 2021, including any such
increased threat resulting from al-Qaeda or any affiliates
thereof, the Islamic State of Iraq and ash Sham-Khorasan or any
affiliates thereof, or any other similar international
terrorist group, using Afghanistan as a safe harbor.
(2) A detailed description of any plans, strategies, or efforts
to improve the collection posture described in paragraph (1)(A),
including by filling any gaps identified pursuant to such
paragraph.
(3) An assessment of the effect of publicly documenting abuses
engaged in by the Taliban, and a description of the efforts of the
intelligence community to support other departments and agencies in
the Federal Government with respect to the collection and
documentation of such abuses.
(4) An assessment of the relationship between the intelligence
community and countries in the covered region, including an
assessment of the following:
(A) Intelligence and information sharing with such
countries.
(B) Any change in the collection posture of the
intelligence community with respect to the nuclear activities
of such countries as a result of the withdrawal of the United
States Armed Forces from Afghanistan on August 31, 2021.
(C) The collection posture of the intelligence community
with respect to the presence of such countries in Afghanistan
(including financial contributions to the Taliban, political
relations with the Taliban, military presence in Afghanistan,
economic presence in Afghanistan, and diplomatic presence in
Afghanistan) and the understanding of the intelligence
community regarding the potential risks, or benefits, of any
such presence, contributions, or relations.
(D) The ability of the intelligence community to use the
airspace of any such countries.
(5) An assessment of any financial contributions to the Taliban
from foreign countries (particularly from China, Iran, Russia, and
any other foreign country in the Arab Gulf region (or elsewhere)
determined relevant by the Director, respectively) made during the
year preceding the withdrawal of the United States Armed Forces
from Afghanistan on August 31, 2021.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but shall include an unclassified summary.
(d) Biannual Updates.--On a biannual basis during the 5-year period
following the date of the submission of the report under subsection
(a), the Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community determined relevant
by the Director, shall submit to the congressional intelligence
committees an update to such report.
(e) Definitions.--In this section:
(1) Covered region.--The term ``covered region'' includes the
following countries:
(A) China.
(B) The Gulf Cooperation Council countries, including
Qatar, Saudi Arabia, the United Arab Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
(2) United states entity.--The term ``United States entity''
means a citizen of the United States, an embassy or consulate of
the United States, or an installation, facility, or personnel of
the United States Government.
SEC. 713. REPORT ON PROPAGATION OF EXTREMIST IDEOLOGIES FROM SAUDI
ARABIA.
(a) Report.--Not later than May 30, 2022, the Director of National
Intelligence, in consultation with other relevant Federal departments
and agencies, and consistent with the protection of intelligence
sources and methods, shall submit to the appropriate congressional
committees a report on the threat of extremist ideologies propagated
from Saudi Arabia and the failure of the Government of Saudi Arabia to
prevent the propagation of such ideologies. Such report shall include a
detailed description of--
(1) the role of governmental and nongovernmental entities and
individuals of Saudi Arabia in promoting, funding, and exporting
ideologies, including so-called ``Wahhabist ideology'', that
inspire extremism or extremist groups in other countries; and
(2) the practical and strategic consequences for vital national
security interests of the United States as a result of such
promotion, funding, or export.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(3) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 714. REPORT ON LIKELIHOOD OF MILITARY ACTION BY COUNTRIES OF
THE SOUTH CAUCASUS.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence, consistent with the
protection of intelligence sources and methods, shall submit to the
appropriate congressional committees a report assessing the likelihood
of a South Caucasus country taking military action against another
country (including in Nagorno-Karabakh or any other disputed
territory). Such report shall include an indication of the strategic
balance in the region, including with respect to the offensive military
capabilities of each South Caucasus country.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(C) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) South caucasus country.--The term ``South Caucasus
country'' means any of the following:
(A) Armenia.
(B) Azerbaijan.
(C) Georgia.
SEC. 715. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE TIES.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, the Director of National Intelligence, consistent with the
protection of intelligence sources and methods, and in consultation
with the heads of other departments and agencies of the United States
Government as the Director determines appropriate, shall submit to the
appropriate congressional committees a report on Nord Stream II
efforts, including--
(1) an unclassified list of all companies supporting the Nord
Stream II project; and
(2) an updated assessment of current or former ties between
Nord Stream's Chief Executive Officer and Russian, East German, or
other hostile intelligence agencies.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, the Committee on Banking, Housing, and
Urban Affairs, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Energy
and Commerce, the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the House
of Representatives.
SEC. 716. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION AND
RESEARCH ACTIVITIES.
(a) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence,
consistent with the protection of intelligence sources and methods, and
in consultation with the heads of other departments and agencies of the
United States Government as the Director determines appropriate, shall
submit to the appropriate congressional committees an assessment of the
activities and objectives of the Organization of Defensive Innovation
and Research. The Director shall include in the assessment information
about the composition of the organization, the relationship of the
personnel of the organization to any research on weapons of mass
destruction, and any sources of financial and material support that
such organization receives, including from the Government of Iran.
(b) Form.--The assessment under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 717. REPORT ON EFFECTS OF ECONOMIC SANCTIONS BY UNITED STATES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Assistant Secretary of the Treasury for
Intelligence and Analysis, shall submit to the appropriate
congressional committees a report on the effects of economic sanctions
imposed by the United States.
(b) Matters Included.--The report under subsection (a) shall--
(1) cover entities, individuals, and governments that the
Director, in consultation with the Assistant Secretary of the
Treasury for Intelligence and Analysis, determines appropriate as
case studies for the purposes of the report, including with respect
to China and Iran; and
(2) include--
(A) an assessment of whether economic sanctions imposed by
the United States on entities, individuals, or governments have
constrained, modified, or otherwise affected the ability of the
individuals, entities, or governments to continue the
activities for which they were sanctioned; and
(B) an assessment of the effectiveness of imposing
additional sanctions.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Subcommittees on Financial Services and General
Government of the Committees on Appropriations of the House of
Representatives and the Senate;
(3) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(4) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate.
TITLE VIII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Personnel
SEC. 801. PERIODIC REPORT ON POSITIONS IN INTELLIGENCE COMMUNITY
THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED INFORMATION,
NETWORKS, OR FACILITIES.
Section 6610 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3352e) is amended--
(1) by striking ``this Act and not less frequently than once
every 5 years thereafter,'' and inserting ``this Act, and
biennially thereafter,''; and
(2) by adding at the end the following new sentence: ``Such
report shall take into account the potential effect of maintaining
continuity of operations during a covered national emergency (as
defined by section 303 of the Intelligence Authorization Act for
Fiscal Year 2021 (division W of Public Law 116-260)) and the
assessed needs of the intelligence community to maintain such
continuity of operations.''.
SEC. 802. IMPROVEMENTS TO ANNUAL REPORT ON DEMOGRAPHIC DATA OF
EMPLOYEES OF INTELLIGENCE COMMUNITY.
Section 5704(c) of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3334b(c)) is amended--
(1) in the matter preceding paragraph (1), by striking ``After
making available a report under subsection (b), the Director of
National Intelligence shall annually provide a report'' and
inserting ``Not later than March 31 of each year, the Director of
National Intelligence shall provide a report''; and
(2) by striking paragraph (1) and inserting the following new
paragraph:
``(1) demographic data and information on the status of
diversity and inclusion efforts of the intelligence community,
including demographic data relating to--
``(A) the average years of service;
``(B) the average number of years of service for each level
in the General Schedule, Senior Executive Service, Senior
Intelligence Service, or equivalent; and
``(C) career categories;''.
SEC. 803. PLAN FOR AUTHORITY TO ENTER INTO CONTRACTS WITH PROVIDERS
OF SERVICES RELATING TO SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a plan for providing
elements of the intelligence community with the authority to enter into
contracts with providers of services relating to sensitive
compartmented information facilities for the providers to facilitate
the use of such facilities by businesses and organizations performing
work, at multiple security levels, in such facilities pursuant to
contracts with the element.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) An explanation of how the Director of National Intelligence
will leverage the contracting methodology of the National
Reconnaissance Office for leasing sensitive compartmented
information facilities, or space therein, to businesses and
organizations.
(2) Policy and budget guidance to incentivize the heads of the
elements of the intelligence community to implement such plan.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
SEC. 804. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT
AUTHORITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence
and Security and the Director of National Intelligence shall jointly
submit to the appropriate congressional committees a study on the
utility of providing elements of the intelligence community of the
Department of Defense, other than the National Geospatial-Intelligence
Agency, personnel management authority to attract experts in science
and engineering under section 4092 of title 10, United States Code.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
SEC. 805. REPORT ON PROSPECTIVE ABILITY TO ADMINISTER COVID-19
VACCINES AND OTHER MEDICAL INTERVENTIONS TO CERTAIN INTELLIGENCE
COMMUNITY PERSONNEL.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Under Secretary of Defense for Intelligence and Security, in
consultation with the elements of the intelligence community and
relevant public health agencies of the United States, shall jointly
develop and submit to the appropriate congressional committees a report
on the prospective ability of the intelligence community to administer
COVID-19 vaccines, and such other medical interventions as may be
relevant in the case of a future covered national emergency, to covered
personnel (particularly with respect to essential covered personnel and
covered personnel deployed outside of the United States).
(b) Matters Included.--The report under subsection (a) shall
include an assessment of the following:
(1) The prospective ability of the elements of the intelligence
community to administer COVID-19 vaccines (including subsequent
booster shots for COVID-19), to covered personnel, and whether
additional authorities or resources are necessary for, or may
otherwise facilitate, such administration.
(2) The potential risks and benefits of granting the additional
authorities or resources described in paragraph (1) to the
Director, the Under Secretary, or both.
(3) With respect to potential future covered national
emergencies, including future outbreaks of an infectious pandemic
disease or similar public health emergencies, the following:
(A) The ability of the intelligence community to ensure the
timely administration of medical interventions to covered
personnel during the covered national emergency.
(B) Whether additional authorities or resources are
necessary to ensure, or may otherwise facilitate, such timely
administration, including with respect to the ability of the
Director or Under Secretary to provide an alternative means of
access to covered personnel with reduced access to the
interventions provided by the respective element.
(C) The potential risks and benefits of granting the
additional authorities or resources described in subparagraph
(B) to the Director, the Under Secretary, or both.
(4) A summary of the findings of the survey under subsection
(c).
(c) Survey.--Not later than 120 days after the date of the
enactment of this Act, and prior to submitting the report under
subsection (a), the Director and the Under Secretary shall jointly
conduct a survey to determine the process by which each element of the
intelligence community has administered COVID-19 vaccines to covered
personnel, to inform continued medical care relating to COVID-19 and
future responses to covered national emergencies. Such survey shall
address, with respect to each element, the following:
(1) The timeline of the element with respect to the
administration of COVID-19 vaccines prior to the date of the
enactment of this Act.
(2) The process by which the element determined when covered
personnel would become eligible to receive the COVID-19 vaccine
(including if certain categories of such personnel became eligible
before others).
(3) A general approximation of the percentage of covered
personnel of the element that received the COVID-19 vaccine from
the element versus through an alternative means (such as a private
sector entity, foreign government, State, or local government),
particularly with respect to covered personnel deployed outside of
the United States.
(4) Any challenges encountered by the element with respect to
the administration of COVID-19 vaccines prior to the date of the
enactment of this Act.
(5) Any other feedback determined relevant for purposes of the
survey.
(d) Privacy Considerations.--In carrying out the report and survey
requirements under this section, the Director, the Under Secretary, and
the heads of the elements of the intelligence community shall ensure,
to the extent practicable, the preservation of medical privacy and the
anonymity of data.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the House of
Representatives and the Senate.
(2) Covered national emergency.--The term ``covered national
emergency'' has the meaning given such term in section 303 of the
Intelligence Authorization Act for Fiscal Year 2021 (50 U.S.C.
3316b).
(3) Covered personnel.--The term ``covered personnel'' means
personnel who are--
(A) employees of, or otherwise detailed or assigned to, an
element of the intelligence community; or
(B) funded under the National Intelligence Program or the
Military Intelligence Program.
(4) Essential covered personnel.--The term ``essential covered
personnel'' means covered personnel deemed essential to--
(A) continuity of operations of the intelligence community;
(B) continuity of operations of the United States
Government; or
(C) other purposes related to the national security of the
United States.
(5) National intelligence program.--The term ``National
Intelligence Program'' has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 806. FEDERAL POLICY ON SHARING OF COVERED INSIDER THREAT
INFORMATION PERTAINING TO CONTRACTOR EMPLOYEES IN THE TRUSTED
WORKFORCE.
(a) Policy Required.--Not later than 2 years after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Defense, the Director of the Office
of Management and Budget, and the Attorney General, shall issue a
policy for the Federal Government on sharing covered insider threat
information pertaining to contractor employees.
(b) Consent Requirement.--The Director shall ensure that the policy
issued under subsection (a) requires, as a condition of obtaining and
maintaining a security clearance with the Federal Government, that a
contractor employee provide prior written consent for the Federal
Government to share covered insider threat information with the senior
official responsible for the insider threat program of the contracting
agency. The Director may include in such policy restrictions on the
further disclosure of such information.
(c) Consultation.--On a quarterly basis during the period in which
the Director is developing the policy under subsection (a), the
Director shall consult with Congress and industry partners with respect
to such development.
(d) Review.--
(1) Submission.--Not later than 1 year after the date of the
issuance of the policy under subsection (a), the Director of
National Intelligence and the Secretary of Defense shall jointly
submit to Congress and make available to such industry partners as
the Director and the Secretary consider appropriate a review of the
policy.
(2) Contents.--The review under paragraph (1) shall include the
following:
(A) An assessment of the utility and effectiveness of the
policy issued under subsection (a).
(B) Such recommendations as the Director and the Secretary
determine appropriate with respect to legislative or
administrative action relevant to such policy.
(e) Definitions.--In this section:
(1) Covered insider threat information.--The term ``covered
insider threat information''--
(A) means information that--
(i) is relevant with respect to adjudications relating
to determinations of eligibility for access to classified
information;
(ii) an agency or department of the Federal Government
has vetted and verified; and
(iii) according to Director of National Intelligence
policy, is considered relevant to the ability of a
contractor employee to protect against insider threats as
required by section 117.7(d) of title 32, Code of Federal
Regulations, or successor regulation; and
(B) includes pertinent information considered in the
counter-threat assessment, as authorized by a provision of
Federal law or Executive Order.
(2) Contractor employee.--The term ``contractor employee''
means an employee of a contractor, subcontractor, grantee,
subgrantee, or personal services contractor, of a department or
agency of the Federal Government.
SEC. 807. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Governance.--The Director of National Intelligence, acting as
the Security Executive Agent, and the Director of the Office of
Personnel Management, acting as the Suitability and Credentialing
Executive Agent, in coordination with the Deputy Director for
Management in the Office of Management and Budget, acting as the
chairman of the Performance Accountability Council, and the Under
Secretary of Defense for Intelligence and Security shall jointly--
(1) not later than 180 days after the date of the enactment of
this Act, publish, in the Federal Register as appropriate, a policy
with guidelines and standards for Federal Government agencies and
industry partners to implement the Trusted Workforce 2.0
initiative;
(2) not later than 2 years after the date of the enactment of
this Act and not less frequently than once every 6 months
thereafter, submit to Congress a report on the timing, delivery,
and adoption of Federal Government agencies' policies, products,
and services to implement the Trusted Workforce 2.0 initiative,
including those associated with the National Background
Investigation Service; and
(3) not later than 90 days after the date of the enactment of
this Act, submit to Congress performance management metrics for the
implementation of the Trusted Workforce 2.0 initiative, including
performance metrics regarding timeliness, cost, and measures of
effectiveness.
(b) Independent Study on Trusted Workforce 2.0.--
(1) Study required.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence
shall enter into an agreement with an entity that is not part of
the Federal Government to conduct a study on the effectiveness of
the initiatives of the Federal Government known as Trusted
Workforce 1.25, 1.5, and 2.0.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of how effective such initiatives are or
will be in determining who should or should not have access to
classified information.
(B) A comparison of the effectiveness of such initiatives
with the system of periodic reinvestigations that was in effect
on the day before the date of the enactment of this Act.
(C) Identification of what is lost from the suspension of
universal periodic reinvestigations in favor of a system of
continuous vetting.
(D) An assessment of the relative effectiveness of Trusted
Workforce 1.25, Trusted Workforce 1.5, and Trusted Workforce
2.0.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit a report on the
findings from the study conducted under paragraph (1) to the
following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(C) The Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
Subtitle B--Matters Relating to Organizations and Capabilities
SEC. 811. PLAN TO ESTABLISH INTEGRATED COMMERCIAL GEOSPATIAL
INTELLIGENCE DATA PROGRAM OFFICE.
(a) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Director of the National Reconnaissance Office and the
Director of the National Geospatial-Intelligence Agency, in
consultation with the Director of National Intelligence, shall jointly
develop and submit to the appropriate congressional committees a plan
to establish an integrated commercial geospatial intelligence data
program office.
(b) Contents.--The plan under subsection (a) shall include the
following:
(1) An explanation of how the Director of the National
Reconnaissance Office will elevate the commercial space program
office within the organizational structure of the National
Reconnaissance Office.
(2) An explanation of how the Director of the National
Reconnaissance Office and the Director of the National Geospatial-
Intelligence Agency will integrate the commercial space program
office within the National Reconnaissance Office to include
empowered functional manager personnel to ensure imagery purchases
are responsive to functional manager-provided requirements and
priorities.
(3) An explanation of--
(A) an approach that will rapidly leverage innovative
commercial geospatial intelligence data capabilities to meet
new intelligence challenges and inform operational
requirements;
(B) how the Directors will annually evaluate new
commercially available capabilities and provide opportunities
for new entrants; and
(C) how the Directors will synchronize the procurement of
commercial geospatial intelligence data and commercial
geospatial intelligence analytic services, respectively.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
SEC. 812. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION CENTER
REPORT, STRATEGY, AND PLAN.
(a) Requirement for Report and Strategy.--Not later than 120 days
after the date of the enactment of this Act, the Director of the
Central Intelligence Agency shall submit to the congressional
intelligence committees--
(1) a report stating the mission and purpose of the Acquisition
Innovation Center of the Agency; and
(2) a strategy for incorporating the Acquisition Innovation
Center into the standard operating procedures and procurement and
acquisition practices of the Agency.
(b) Requirement for Implementation Plan.--Not later than 120 days
after the date of the enactment of this Act, the Director shall, using
the findings of the Director with respect to the report submitted under
subsection (a)(1), submit to the congressional intelligence committees
an implementation plan that addresses--
(1) how the Director will ensure the contracting officers of
the Agency and the technical representatives of the Acquisition
Innovation Center for the contracting officers have access to the
technical expertise required to inform requirements development,
technology maturity assessments, and monitoring of acquisitions;
(2) how the plan specifically applies to technical industries,
including telecommunications, software, aerospace, and large-scale
construction; and
(3) projections for resources necessary to support the
Acquisition Innovation Center, including staff, training, and
contracting support tools.
SEC. 813. REPORT ON UNITED STATES SOUTHERN COMMAND INTELLIGENCE
CAPABILITIES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency,
in consultation with such other Federal Government entities as the
Director considers relevant, and consistent with the protection of
intelligence sources and methods, shall submit to the appropriate
congressional committees a report detailing the status of the
intelligence collection, analysis, and operational capabilities of the
United States Southern Command to support Latin America-based missions.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
SEC. 814. REPORT ON PROJECT MAVEN TRANSITION.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Director of the National Geospatial-
Intelligence Agency, in consultation with such other Federal Government
entities as the Director considers appropriate, shall submit to the
appropriate congressional committees a report on the transition of
Project Maven to operational mission support.
(b) Plan of Action and Milestones.--The report required by
subsection (a) shall include a detailed plan of action and milestones
that identifies--
(1) the milestones and decision points leading up to the
transition of successful geospatial intelligence capabilities
developed under Project Maven to the National Geospatial-
Intelligence Agency; and
(2) the metrics of success regarding the transition described
in paragraph (1) and mission support provided to the National
Geospatial-Intelligence Agency for each of fiscal years 2022 and
2023.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
SEC. 815. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF
FOREIGN MALIGN INFLUENCE CENTER.
(a) Assessment and Report Required.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall--
(1) conduct an assessment as to the future structure,
responsibilities, and organizational placement of the Foreign
Malign Influence Center; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(b) Elements.--The assessment conducted under subsection (a)(1)
shall include--
(1) an assessment of whether the statutory functions of the
Foreign Malign Influence Center are optimized to the needs of the
intelligence community and policymakers;
(2) a description of potential changes to the statutory
functions of the Foreign Malign Influence Center that might further
advance the counter-foreign malign influence mission of the Center
and the intelligence community, including whether the Director of
the Foreign Malign Influence Center should continue to report
directly to the Director of National Intelligence and whether the
Foreign Malign Influence Center should remain a separate, stand-
alone center; and
(3) an assessment of the risks, benefits, and feasibility of
predominantly staffing the Foreign Malign Influence Center with
detailees from other agencies, including from outside the
intelligence community.
Subtitle C--Other Matters
SEC. 821. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.
(a) Requirement.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 1111. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.
``(a) Reports.--On a biennial basis until the date that is 10 years
after the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2022, the Director of National Intelligence shall
submit to the congressional intelligence committees a comprehensive
report on the activities, prioritization, and responsibilities of the
intelligence community with respect to foreign biological threats
emanating from the territory of, or sponsored by, a covered country.
``(b) Matters Included.--Each report under subsection (a) shall
include, with respect to foreign biological threats emanating from the
territory of, or sponsored by, a covered country, the following:
``(1) A detailed description of all activities relating to such
threats undertaken by each element of the intelligence community,
and an assessment of any gaps in such activities.
``(2) A detailed description of all duties and responsibilities
relating to such threats explicitly authorized or otherwise
assigned, exclusively or jointly, to each element of the
intelligence community, and an assessment of any identified gaps in
such duties or responsibilities.
``(3) A description of the coordination among the relevant
elements of the intelligence community with respect to the
activities specified in paragraph (1) and the duties and
responsibilities specified in paragraph (2).
``(4) An inventory of the strategies, plans, policies, and
interagency agreements of the intelligence community relating to
the collection, monitoring, analysis, mitigation, and attribution
of such threats, and an assessment of any identified gaps therein.
``(5) A description of the coordination and interactions among
the relevant elements of the intelligence community and non-
intelligence community partners.
``(6) An assessment of foreign malign influence efforts
relating to such threats, including any foreign academics engaged
in such efforts, and a description of how the intelligence
community contributes to efforts by non-intelligence community
partners to counter such foreign malign influence.
``(c) Form.--Each report submitted under subsection (a) may be
submitted in classified form, but if so submitted shall include an
unclassified executive summary.
``(d) Definitions.--In this section:
``(1) Covered country.--The term `covered country' means--
``(A) China;
``(B) Iran;
``(C) North Korea;
``(D) Russia; and
``(E) any other foreign country--
``(i) from which the Director of National Intelligence
determines a biological threat emanates; or
``(ii) that the Director determines has a known history
of, or has been assessed as having conditions present for,
infectious disease outbreaks or epidemics.
``(2) Foreign biological threat.--The term `foreign biological
threat' means biological warfare, bioterrorism, naturally occurring
infectious diseases, or accidental exposures to biological
materials, without regard to whether the threat originates from a
state actor, a non-state actor, natural conditions, or an
undetermined source.
``(3) Foreign malign influence.--The term `foreign malign
influence' has the meaning given such term in section 119C(e) of
this Act.
``(4) Non-intelligence community partner.--The term `non-
intelligence community partner' means a Federal department or
agency that is not an element of the intelligence community.''.
(b) First Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees the first report
required under section 1111 of the National Security Act of 1947, as
added by subsection (a).
SEC. 822. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES PROCURED
BY INTELLIGENCE COMMUNITY AND FOREIGN COMMERCIAL PROVIDERS OF
CYBER VULNERABILITIES.
(a) Requirement.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 821, is further amended by
adding at the end the following new section (and conforming the table
of contents at the beginning of such Act accordingly):
``SEC. 1112. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES PROCURED
BY INTELLIGENCE COMMUNITY AND FOREIGN COMMERCIAL PROVIDERS OF CYBER
VULNERABILITIES.
``(a) Annual Reports.--On an annual basis through 2026, the
Director of the Central Intelligence Agency and the Director of the
National Security Agency, in coordination with the Director of National
Intelligence, shall jointly submit to the congressional intelligence
committees a report containing information on foreign commercial
providers and the cyber vulnerabilities procured by the intelligence
community through foreign commercial providers.
``(b) Elements.--Each report under subsection (a) shall include,
with respect to the period covered by the report, the following:
``(1) A description of each cyber vulnerability procured
through a foreign commercial provider, including--
``(A) a description of the vulnerability;
``(B) the date of the procurement;
``(C) whether the procurement consisted of only that
vulnerability or included other vulnerabilities;
``(D) the cost of the procurement;
``(E) the identity of the commercial provider and, if the
commercial provider was not the original supplier of the
vulnerability, a description of the original supplier;
``(F) the country of origin of the vulnerability; and
``(G) an assessment of the ability of the intelligence
community to use the vulnerability, including whether such use
will be operational or for research and development, and the
approximate timeline for such use.
``(2) An assessment of foreign commercial providers that--
``(A) pose a significant threat to the national security of
the United States; or
``(B) have provided cyber vulnerabilities to any foreign
government that--
``(i) has used the cyber vulnerabilities to target
United States persons, the United States Government,
journalists, or dissidents; or
``(ii) has an established pattern or practice of
violating human rights or suppressing dissent.
``(3) An assessment of whether the intelligence community has
conducted business with the foreign commercial providers identified
under paragraph (2) during the 5-year period preceding the date of
the report.
``(c) Form.--Each report under subsection (a) may be submitted in
classified form.
``(d) Definitions.--In this section:
``(1) Commercial provider.--The term `commercial provider'
means any person that sells, or acts as a broker, for a cyber
vulnerability.
``(2) Cyber vulnerability.--The term `cyber vulnerability'
means any tool, exploit, vulnerability, or code that is intended to
compromise a device, network, or system, including such a tool,
exploit, vulnerability, or code procured by the intelligence
community for purposes of research and development.''.
(b) First Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
and the Director of the National Security Agency shall jointly submit
the first report required under section 1112 of the National Security
Act of 1947, as added by subsection (a).
SEC. 823. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF INTELLIGENCE
COMMUNITY.
(a) Periodic Reports Required.--Title XI of the National Security
Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 822, is
further amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 1113. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF INTELLIGENCE
COMMUNITY.
``(a) Reports.--On a basis that is not less frequent than once
every 4 years, the Director of National Intelligence, in coordination
with the Director of the Office of Science and Technology Policy, the
Secretary of Commerce, and the heads of such other agencies as the
Director considers appropriate, shall submit to the congressional
intelligence committees a comprehensive report on the technology
strategy of the intelligence community, which shall be designed to
support the maintenance of the leadership of the United States in
critical and emerging technologies essential to the national security
of the United States.
``(b) Elements.--Each report submitted under subsection (a) shall
include the following:
``(1) An assessment of technologies critical to the national
security of the United States, particularly those technologies with
respect to which foreign countries that are adversarial to the
United States have or are poised to match or surpass the technology
leadership of the United States.
``(2) A review of current technology policies of the
intelligence community, including long-term goals.
``(3) An identification of sectors and supply chains the
Director determines to be of the greatest strategic importance to
national security.
``(4) An identification of opportunities to protect the
leadership of the United States, and the allies and partners of the
United States, in critical technologies, including through targeted
export controls, investment screening, and counterintelligence
activities.
``(5) An identification of research and development areas the
Director determines critical to the national security of the United
States, including areas in which the private sector does not focus.
``(6) Recommendations for growing talent in key critical and
emerging technologies and enhancing the ability of the intelligence
community to recruit and retain individuals with critical skills
relating to such technologies.
``(7) An identification of opportunities to improve the
leadership of the United States in critical technologies, including
opportunities to develop international partnerships to reinforce
domestic policy actions, develop new markets, engage in
collaborative research, and maintain an international environment
that reflects the values of the United States and protects the
interests of the United States.
``(8) A technology annex to establish an approach for the
identification, prioritization, development, and fielding of
emerging technologies critical to the mission of the intelligence
community.
``(9) Such other information as the Director determines may be
necessary to inform Congress on matters relating to the technology
strategy of the intelligence community and related implications for
the national security of the United States.
``(c) Form of Annex.--Each annex submitted under subsection (b)(8)
may be submitted in classified form.''.
(b) First Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees the first report
required under section 1113 of the National Security Act of 1947, as
added by subsection (a).
SEC. 824. INTELLIGENCE ASSESSMENT AND REPORTS ON FOREIGN RACIALLY
MOTIVATED VIOLENT EXTREMISTS.
(a) Intelligence Assessment.--
(1) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence,
acting through the Director of the National Counterterrorism
Center, in coordination with the Director of the Federal Bureau of
Investigation and the Under Secretary of Homeland Security for
Intelligence and Analysis, and in consultation with other relevant
Federal departments and agencies, shall submit to the appropriate
congressional committees an intelligence assessment on significant
threats to the United States associated with foreign racially
motivated violent extremist organizations.
(2) Elements.--The assessment under paragraph (1) shall include
the following:
(A) A list of foreign racially motivated violent extremist
organizations that pose a significant threat to the national
security of the United States.
(B) With respect to each such organization--
(i) an overview of the membership, ideology, and
activities;
(ii) a description of any transnational links to the
United States or United States persons;
(iii) a description of the leadership, plans,
intentions, and capabilities;
(iv) whether (and if so, to what extent) foreign
governments or their proxies provide any manner of support
to such organizations, including a list of each such
foreign government or proxy;
(v) a description of the composition and
characteristics of the members and support networks,
including whether (and if so, to what extent) the members
are also a part of a military, security service, or police;
(vi) a description of financing and other forms of
material support;
(vii) an assessment of trends and patterns relative to
communications, travel, and training (including whether and
to what extent the organization is engaged in or
facilitating military or paramilitary training);
(viii) an assessment of the radicalization and
recruitment, including an analysis of the extremist
messaging motivating members and supporters; and
(ix) whether (and if so, to what extent) foreign
governments have sufficient laws and policies to counter
threats to the United States associated with the
organization, including best practices and gaps.
(C) An assessment of the status and extent of information
sharing, intelligence partnerships, foreign police cooperation,
and mutual legal assistance between the United States and
foreign governments relative to countering threats to the
United States associated with foreign racially motivated
violent extremist organizations.
(D) An assessment of intelligence gaps and recommendations
on how to remedy such gaps.
(E) An opportunity analysis regarding countering such
threats, including, at a minimum, with respect to mitigating
and disrupting the transnational nexus.
(3) Standards.--The intelligence assessment under paragraph (1)
shall be conducted in a manner that meets the analytic integrity
and tradecraft standards of the intelligence community.
(4) Form.--The intelligence assessment under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex in electronic form that is fully indexed and
searchable. In carrying out this paragraph, the officials
responsible for submitting such assessment shall ensure that the
assessment is unclassified to the extent practicable.
(b) Report.--
(1) Requirement.--Not later than 150 days after the date of the
enactment of this Act, the Director of National Intelligence,
acting through the Director of the National Counterterrorism
Center, in coordination with the Secretary of State, the Secretary
of the Treasury, the Attorney General, the Secretary of Homeland
Security, and in a manner consistent with the authorities and
responsibilities of such Secretary or Director, shall submit to the
appropriate congressional committees a report on the use of Federal
laws, regulations, and policies by the Federal Government to
counter significant threats to the United States and United States
persons associated with foreign racially motivated violent
extremist organizations.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) An identification, description, and assessment of the
use and efficacy of, Federal laws, regulations, and policies
used by the Federal Government to address significant threats
to the United States and United States persons associated with
foreign racially motivated violent extremist organizations,
including pursuant to--
(i) section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485) and section
119 of the National Security Act of 1949 (50 U.S.C. 3056),
particularly with respect to the coordination and
integration of all instruments of national power;
(ii) Executive Order 12333 (50 U.S.C. 3001 note), as
amended;
(iii) the designation of foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(iv) the designation of specially designated
terrorists, specially designated global terrorists, or
specially designated nationals and blocked persons,
pursuant to Executive Orders 13886, 13372, and 13224 and
parts 594, 595, 596, and 597 of title 31, Code of Federal
Regulations;
(v) National Security Presidential Memorandums 7 and 9,
particularly with respect to the sharing of terrorism
information and screening and vetting activities; and
(vi) any other applicable Federal laws, regulations, or
policies.
(B) An assessment of whether (and if so, to what extent and
why) such Federal laws, regulations, and policies are
sufficient to counter such threats, including a description of
any gaps and specific examples to illustrate such gaps.
(C) Recommendations regarding how to remedy the gaps under
subparagraph (B).
(3) Privacy and civil liberties assessment.--Not later than 180
days after the date of the enactment of this Act, the Privacy and
Civil Liberties Oversight Board, in consultation with the civil
liberties and privacy officers of the Federal departments and
agencies the Board determines appropriate, shall submit to the
appropriate congressional committees a report containing--
(A) an assessment of the impacts on the privacy and civil
liberties of United States persons concerning the use or
recommended use of any Federal laws, regulations, and policies
specified in paragraph (2); and
(B) recommendations on options to develop protections to
mitigate such impacts.
(4) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex in electronic
form that is fully indexed and searchable. In carrying out this
paragraph, the officials responsible for submitting such report
shall ensure that the report is unclassified to the extent
practicable.
(5) Separate submission.--The Director shall submit to the
appropriate congressional committees the report under paragraph (1)
as a separate report from the report submitted under section
826(a)(2).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Subcommittees on Financial Services and General
Government, the Subcommittees on Homeland Security, and the
Subcommittees on State, Foreign Operations, and Related
Programs of the Committees on Appropriations of the House of
Representatives and the Senate; and
(C) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(2) Terrorism information.--The term ``terrorism information''
has the meaning given that term in section 1016(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(a)).
(3) United states person.--The term ``United States person''
has the meaning given that term in section 105A(c) of the National
Security Act of 1947 (50 U.S.C. 3039).
SEC. 825. NATIONAL INTELLIGENCE ESTIMATE ON ESCALATION AND DE-
ESCALATION OF GRAY ZONE ACTIVITIES IN GREAT POWER COMPETITION.
(a) Findings.--Congress finds the following:
(1) The conventional power of the United States has driven
foreign adversaries to a level of competition that does not always
depend on military confrontation with the United States.
(2) Rather than challenging the United States in a manner that
could provoke a kinetic military response, foreign adversaries of
the United States have turned to carrying out gray zone activities
to advance the interests of such adversaries, weaken the power of
the United States, and erode the norms that underpin the United
States-led international order.
(3) Gray zone activity falls on a spectrum of attribution and
deniability that ranges from covert adversary operations, to
detectible covert adversary operations, to unattributable adversary
operations, to deniable adversary operations, to open adversary
operations.
(4) To adequately address such a shift to gray zone activity,
the United States must understand what actions tend to either
escalate or de-escalate such activity by its adversaries.
(5) The laws, principles, and values of the United States are
strategic advantages in great power competition with authoritarian
foreign adversaries that carry out gray zone activities, because
such laws, principles, and values increase the appeal of the
governance model of the United States, and the United States-led
international order, to states and peoples around the world.
(6) The international security environment has demonstrated
numerous examples of gray zone activities carried out by foreign
adversaries, including the following activities of foreign
adversaries:
(A) Information operations, such as efforts by Russia to
influence the 2020 United States Federal elections (as
described in the March 15, 2021, intelligence community
assessment of the Office of the Director of National
Intelligence made publicly available on March 15, 2021).
(B) Adversary political coercion operations, such as the
wielding of energy by Russia, particularly in the context of
Ukrainian gas pipelines, to coerce its neighbors into
compliance with its policies.
(C) Adversary economic coercion operations, such as the
threat, and use, by China of economic retaliation to coerce
sovereign countries into compliance with its policies or to
blunt any criticism of its violations of the rules-based
international order and its perpetration of severe human rights
abuses.
(D) Cyber operations, such as the use by China of cyber
tools to conduct industrial espionage.
(E) Provision of support to proxy forces, such as the
support provided by Iran to Hezbollah and Shia militia groups.
(F) Provocation by armed forces controlled by the
government of the foreign adversary through measures that do
not rise to the level of an armed attack, such as the use of
the China Coast Guard and maritime militia by China to harass
the fishing vessels of other countries in the South China Sea.
(G) Alleged uses of lethal force on foreign soil, such as
the 2018 poisoning of Sergei Skripal in London by Russia.
(H) The potential use by an adversary of technology that
causes anomalous health incidents among United States
Government personnel.
(b) National Intelligence Estimate.--
(1) Requirement.--The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on how foreign adversaries use gray zone
activities to advance interests, what responses by the United
States (or the allies or partners of the United States) would tend
to result in the escalation or de-escalation of such gray zone
activities by foreign adversaries, and any opportunities for the
United States to minimize the extent to which foreign adversaries
use gray zone activities in furtherance of great power competition.
(2) Matters included.--To the extent determined appropriate by
the National Intelligence Council, the National Intelligence
Estimate produced under paragraph (1) may include an assessment of
the following topics:
(A) Any potential or actual lethal or harmful gray zone
activities carried out against the United States by foreign
adversaries, including against United States Government
employees and United States persons, whether located within or
outside of the United States.
(B) To the extent such activities have occurred, or are
predicted to occur--
(i) opportunities to reduce or deter any such
activities; and
(ii) any actions of the United States Government that
would tend to result in the escalation or de-escalation of
such activities.
(C) Any incidents in which foreign adversaries could have
used, but ultimately did not use, gray zone activities to
advance the interests of such adversaries, including an
assessment as to why the foreign adversary ultimately did not
use gray zone activities.
(D) The effect of lowering the United States Government
threshold for the public attribution of detectible covert
adversary operations, unattributable adversary operations, and
deniable adversary operations.
(E) The effect of lowering the United States Government
threshold for responding to detectible covert adversary
operations, unattributable adversary operations, and deniable
adversary operations.
(F) The extent to which the governments of foreign
adversaries exercise control over any proxies or parastate
actors used by such governments in carrying out gray zone
activities.
(G) The extent to which gray zone activities carried out by
foreign adversaries affect the private sector of the United
States.
(H) The international norms that provide the greatest
deterrence to gray zone activities carried out by foreign
adversaries, and opportunities for strengthening those norms.
(I) The effect, if any, of the strengthening of democratic
governance abroad on the resilience of United States allies and
partners to gray zone activities.
(J) Opportunities to strengthen the resilience of United
States allies and partners to gray zone activities, and
associated tactics, carried out by foreign adversaries.
(K) Opportunities for the United States to improve the
detection of, and early warning for, such activities and
tactics.
(L) Opportunities for the United States to galvanize
international support in responding to such activities and
tactics.
(3) Submission to congress.--
(A) Submission.--Not later than 1 year after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees and the Committees on
Armed Services of the House of Representatives and the Senate
the National Intelligence Estimate produced under paragraph
(1). In so submitting the Estimate to the congressional
intelligence committees, the Director shall include all
intelligence reporting underlying the Estimate.
(B) Notice regarding submission.--If at any time before the
deadline specified in subparagraph (A), the Director determines
that the National Intelligence Estimate produced under
paragraph (1) cannot be submitted by such deadline, the
Director shall (before such deadline) submit to the committees
specified in subparagraph (A) a report setting forth the
reasons why the National Intelligence Estimate cannot be
submitted by such deadline and an estimated date for the
submission of the National Intelligence Estimate.
(C) Form.--Any report under subparagraph (B) shall be
submitted in unclassified form.
(4) Public version.--Consistent with the protection of
intelligence sources and methods, at the same time as the Director
submits to the congressional intelligence committees and the
Committees on Armed Services of the House of Representatives and
the Senate the National Intelligence Estimate under paragraph (1),
the Director shall make publicly available on the internet website
of the Director an unclassified version of the key findings of the
National Intelligence Estimate.
(5) Definitions.--In this subsection:
(A) Gray zone activity.--The term ``gray zone activity''
means an activity to advance the national interests of a State
that--
(i) falls between ordinary statecraft and open warfare;
(ii) is carried out with an intent to maximize the
advancement of interests of the state without provoking a
kinetic military response by the United States; and
(iii) falls on a spectrum that ranges from covert
adversary operations, to detectible covert adversary
operations, to unattributable adversary operations, to
deniable adversary operations, to open adversary
operations.
(B) Covert adversary operation.--The term ``covert
adversary operation'' means an operation by an adversary that--
(i) the adversary intends to remain below the threshold
at which the United States detects the operation; and
(ii) does stay below such threshold.
(C) Detectible covert adversary operation.--The term
``detectible covert adversary operation'' means an operation by
an adversary that--
(i) the adversary intends to remain below the threshold
at which the United States detects the operation; but
(ii) is ultimately detected by the United States at a
level below the level at which the United States will
publicly attribute the operation to the adversary.
(D) Unattributable adversary operation.--The term
``unattributable adversary operation'' means an operation by an
adversary that the adversary intends to be detected by the
United States, but remains below the threshold at which the
United States will publicly attribute the operation to the
adversary.
(E) Deniable adversary operation.--The term ``deniable
adversary operation'' means an operation by an adversary that--
(i) the adversary intends to be detected and publicly
or privately attributed by the United States; and
(ii) the adversary intends to deny, to limit the
response by the United States, and any allies of the United
States.
(F) Open adversary operation.--The term ``open adversary
operation'' means an operation by an adversary that the
adversary openly acknowledges as attributable to the adversary.
(c) Requirement to Develop Lexicon.--
(1) Requirement.--The Director of National Intelligence, acting
through the National Intelligence Council, shall develop a lexicon
of common terms (and corresponding definitions for such terms) for
concepts associated with gray zone activities.
(2) Considerations.--In developing the lexicon under paragraph
(1), the National Intelligence Council shall include in the lexicon
each term (and the corresponding definition for each term)
specified in subsection (b)(5), unless the National Intelligence
Council determines that an alternative term (or alternative
definition)--
(A) more accurately describes a concept associated with
gray zone activities; or
(B) is preferable for any other reason.
(3) Report.--
(A) Publication.--The Director of National Intelligence
shall publish a report containing the lexicon developed under
paragraph (1).
(B) Form.--The report under subparagraph (A) shall be
published in unclassified form.
SEC. 826. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC VIOLENT
EXTREMISM.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
consistent with the protection of intelligence sources and methods,
shall--
(1) complete an assessment to identify the role of foreign
groups, including entities, adversaries, governments, or other
groups, in domestic violent extremist activities in the United
States; and
(2) submit to the appropriate congressional committees a report
containing the findings of the Director with respect to the
assessment.
(b) Form.--The report under subsection (a)(2) shall be submitted in
unclassified form, but may include a classified annex.
(c) Separate Submission.--The Director shall submit to the
appropriate congressional committees the report under subsection (a)(2)
as a separate report from the report submitted under section 824(b)(1).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on the
Judiciary of the House of Representatives.
SEC. 827. REPORT ON POTENTIAL INCLUSION WITHIN INTELLIGENCE
COMMUNITY OF THE OFFICE OF NATIONAL SECURITY OF THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Health and Human Services, shall
submit to the appropriate congressional committees a report on the
potential advantages and disadvantages of adding the Office of National
Security of the Department of Health and Human Services as a new
element of the intelligence community.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment of the following:
(A) The likelihood that the addition of the Office of
National Security as a new element of the intelligence
community would increase connectivity between other elements of
the intelligence community working on health security topics
and the Department of Health and Human Services.
(B) The likelihood that such addition would increase the
flow of raw intelligence and finished intelligence products to
officials of the Department of Health and Human Services.
(C) The likelihood that such addition would facilitate the
flow of information relating to health security topics to
intelligence analysts of various other elements of the
intelligence community working on such topics.
(D) The extent to which such addition would clearly
demonstrate to both the national security community and the
public health community that health security is national
security.
(E) Any anticipated impediments to such addition relating
to additional budgetary oversight by the executive branch or
Congress.
(F) Any other significant advantages or disadvantages of
such addition, as identified by either the Director of National
Intelligence or the Secretary of Health and Human Services.
(2) A joint recommendation by the Director of National
Intelligence and the Secretary of Health and Human Services as to
whether to add the Office of National Security as a new element of
the intelligence community.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(3) the Subcommittees on Labor, Health and Human Services,
Education, and Related Agencies of the Committees on Appropriations
of the House of Representatives and the Senate.
SEC. 828. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID SPACE
ARCHITECTURE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually for 2 years thereafter, the
Director of National Intelligence, in coordination with the Under
Secretary of Defense for Intelligence and Security and the Director of
the National Reconnaissance Office, shall submit to the appropriate
congressional committees a report on the efforts of the intelligence
community to build an integrated hybrid space architecture that
combines national and commercial capabilities and large and small
satellites.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of how the integrated hybrid space
architecture approach is being realized in the overhead
architecture of the National Reconnaissance Office.
(2) An assessment of the benefits to the mission of the
National Reconnaissance Office and the cost of integrating
capabilities from smaller, proliferated satellites and data from
commercial satellites with the national technical means
architecture.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
SEC. 829. REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE COMMUNITY
WITH RESPECT TO HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Secretary of Defense, and
the Director of the Defense Intelligence Agency, and consistent with
the protection of intelligence sources and methods, shall submit to the
appropriate congressional committees a report on certain actions taken
by the intelligence community with respect to human rights and
international humanitarian law.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A detailed explanation of whether, and to what extent, each
element of the intelligence community has provided intelligence
products relating to the efforts of the Secretary of State and the
Secretary of Treasury regarding the categorization, determinations
on eligibility for assistance and training, and general
understanding, of covered entities that commit, engage, or are
otherwise complicit in, violations of human rights or international
humanitarian law.
(2) A detailed explanation of whether, and to what extent, each
element of the intelligence community has provided intelligence
products relating to any of the following:
(A) Section 7031(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020
(division G of Public Law 116-94; 8 U.S.C. 1182 note).
(B) The visa restriction policy of the Department of State
announced on February 26, 2021, and commonly referred to as the
``Khashoggi Ban''.
(C) The annual report requirement of the Department of
Defense under section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (131 Stat. 1572).
(D) The Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656
note).
(3) A detailed explanation of the following processes:
(A) The process of each element of the intelligence
community for monitoring covered entities for derogatory human
rights or international humanitarian law information.
(B) The process of each element of the intelligence
community for determining the credibility of derogatory human
rights or international humanitarian law information.
(C) The process of each element of the intelligence
community for determining what further action is appropriate if
derogatory human rights or international humanitarian law
information is determined to be credible.
(4) An unredacted copy of each policy or similar document that
describes a process specified in paragraph (3).
(5) A detailed explanation of whether, with respect to each
element of the intelligence community, the head of the element has
changed or restricted any activities of the element in response to
derogatory human rights or international humanitarian law
information.
(6) Examples of any changes or restrictions specified in
paragraph (5) taken by the head of the element of the intelligence
community during the two years preceding the date of the submission
of the report.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives;
(C) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(D) the Subcommittees on Financial Services and General
Government and the Subcommittees on State, Foreign Operations,
and Related Programs of the Committees on Appropriations of the
House of Representatives and the Senate.
(2) Covered entity.--The term ``covered entity''--
(A) means an individual, unit, or foreign government that--
(i) has a cooperative relationship with the United
States Government; or
(ii) is the target of an intelligence collection
activity carried out by the United States Government; but
(B) does not include an employee of the United States
Government.
(3) Derogatory human rights or international humanitarian law
information.--The term ``derogatory human rights or international
humanitarian law information'' means information tending to suggest
that a covered entity committed, participated, or was otherwise
complicit in, a violation of human rights or international
humanitarian law, regardless of the credibility of such
information, the source of the information, or the level of
classification of the information.
(4) Violation of human rights or international humanitarian
law.--The term ``violation of human rights or international
humanitarian law'' includes a violation of any authority or
obligation of the United States Government related to human rights
or international humanitarian law, without regard to whether such
authority or obligation is codified in a provision of law,
regulation, or policy.
SEC. 830. REPORT ON RARE EARTH ELEMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Defense Intelligence Agency, the
Director of the Office of Intelligence and Counterintelligence of the
Department of Energy, and any other head of an element of the
intelligence community that the Director of National Intelligence
determines relevant, shall submit to the congressional intelligence
committees a report on rare earth elements.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment coordinated by the National Intelligence
Council of--
(A) long-term trends in the global rare earth element
industry;
(B) the national security, economic, and industrial risks
to the United States, and to the partners and allies of the
United States, with respect to relying on foreign countries,
including China, for rare earth mining and the processing or
production of rare earth elements;
(C) the intentions of foreign governments, including the
government of China, with respect to limiting, reducing, or
ending access of the United States or the partners and allies
of the United States to--
(i) rare earth elements; or
(ii) any aspect of the rare earth mining, processing,
or production chain; and
(D) opportunities for the United States, and for the
partners and allies of the United States, to assure continued
access to--
(i) rare earth elements; and
(ii) the rare earth mining, processing, or production
chain.
(2) A description of--
(A) any relevant procurement, use, and supply chain needs
of the intelligence community with respect to rare earth
elements;
(B) any relevant planning or efforts by the intelligence
community to assure secured access to rare earth elements;
(C) any assessed vulnerabilities or risks to the
intelligence community with respect to rare earth elements;
(D) any relevant planning or efforts by the intelligence
community to coordinate with departments and agencies of the
United States Government that are not elements of the
intelligence community on securing the rare earth element
supply chain; and
(E) any previous or anticipated efforts by the Supply Chain
and Counterintelligence Risk Management Task Force established
under section 6306 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3370) with respect to rare earth
elements.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Rare Earth Elements Defined.--In this section, the term ``rare
earth elements'' includes products that contain rare earth elements,
including rare earth magnets.
SEC. 831. REPORT ON ASSESSMENT OF ALL-SOURCE CYBER INTELLIGENCE
INFORMATION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community, in coordination with the Inspector General of the National
Security Agency and the Inspector General of the Central Intelligence
Agency, shall submit to the congressional intelligence committees a
report on the effectiveness of the intelligence community with respect
to the integration and dissemination of all-source intelligence
relating to foreign cyber threats.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) An assessment of the effectiveness of the all-source cyber
intelligence integration capabilities of the intelligence
community, including the identification of capability gaps relating
to the integration of all-source intelligence, or any deficiencies
associated with the timely dissemination of such intelligence.
(2) An assessment of the effectiveness of the intelligence
community in analyzing and reporting on cyber supply chain risks,
including with respect to interagency coordination and the
leadership of the Office of the Director of National Intelligence.
SEC. 832. BRIEFING ON TRAININGS RELATING TO BLOCKCHAIN TECHNOLOGY.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide to the congressional intelligence committees a briefing on the
feasibility and benefits of providing training described in subsection
(b).
(b) Training Described.--Training described in this subsection is
training that meets the following criteria:
(1) The training is on cryptocurrency, blockchain technology,
or both subjects.
(2) The training may be provided through partnerships with
universities or private sector entities.
SEC. 833. REPORT ON TRENDS IN TECHNOLOGIES OF STRATEGIC IMPORTANCE
TO UNITED STATES.
(a) In General.--Not less frequently than once every 2 years until
the date that is 4 years after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Secretary of Commerce and the Director of the Office of Science and
Technology Policy, shall submit to the congressional intelligence
committees a report assessing commercial and foreign trends in
technologies the Director considers of strategic importance to the
national and economic security of the United States.
(b) Contents.--Each report under subsection (a) shall include the
following:
(1) A list of the top technology focus areas the Director
determines to be of the greatest strategic importance to the United
States.
(2) A list of the top technology focus areas in which the
Director determines foreign countries that are adversarial to the
United States are poised to match or surpass the technological
leadership of the United States.
(c) Form.--Each report under subsection (a)--
(1) may be submitted in the form of a National Intelligence
Estimate; and
(2) shall be submitted in classified form, but may include an
unclassified summary.
SEC. 834. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.
(a) Plan.--Not later than 1 year after the date of the enactment of
this Act, the Director of National Intelligence shall coordinate with
the heads of other elements of the intelligence community and, in
conjunction with the heads of those elements, shall--
(1) develop a plan for the development and resourcing of a
modern digital ecosystem that embraces state-of-the-art tools and
modern processes to enable development, testing, fielding, and
continuous updating of artificial intelligence-powered applications
at speed and scale from headquarters to the tactical edge; and
(2) submit to the congressional intelligence committees the
plan developed under paragraph (1).
(b) Contents of Plan.--At a minimum, the plan required by
subsection (a) shall include the following:
(1) Policies to enable elements of the intelligence community
to adopt a hoteling model to allow trusted small- and medium-sized
artificial intelligence companies access to classified facilities
on a flexible basis.
(2) Policies for an open architecture and an evolving reference
design and guidance for needed technical investments in the
proposed ecosystem that address issues, including common
interfaces, authentication, applications, platforms, software,
hardware, and data infrastructure.
(3) Policies to ensure, to the extent possible,
interoperability, and the reduction of duplication, of artificial
intelligence capabilities developed or acquired by elements of the
intelligence community.
(4) A governance structure, together with associated policies
and guidance, to drive the implementation of the reference
throughout the intelligence community on a federated basis.
(5) Community standards for the use of artificial intelligence
and associated data, as appropriate.
(6) Recommendations to ensure that use of artificial
intelligence and associated data by the Federal Government related
to United States persons comport with rights relating to freedom of
expression, equal protection, privacy, and due process.
(c) Form.--The plan submitted under subsection (a)(2) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 835. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF THE
SERGEANTS AT ARMS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
AND THE UNITED STATES CAPITOL POLICE.
(a) Report on Intelligence Support.--
(1) Requirement.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security, shall submit
to the congressional intelligence committees, the Subcommittees on
Commerce, Justice, Science, and Related Agencies and the
Subcommittees on Homeland Security of the Committees on
Appropriations of the House of Representatives and the Senate, and
congressional leadership a report on intelligence support provided
to the Sergeants at Arms and the United States Capitol Police.
(2) Elements.--The report under paragraph (1) shall include a
description of the following:
(A) Policies related to the Sergeants at Arms and the
United States Capitol Police as customers of intelligence.
(B) How the intelligence community, the Federal Bureau of
Investigation, and the Department of Homeland Security,
including the Cybersecurity and Infrastructure Security Agency,
are structured, staffed, and resourced to provide intelligence
support to the Sergeants at Arms and the United States Capitol
Police.
(C) The classified electronic and telephony
interoperability of the intelligence community, the Federal
Bureau of Investigation, and the Department of Homeland
Security with the Sergeants at Arms and the United States
Capitol Police.
(D) Any expedited security clearances provided for the
Sergeants at Arms and the United States Capitol Police.
(E) Counterterrorism intelligence and other intelligence
relevant to the physical security of Congress that are provided
to the Sergeants at Arms and the United States Capitol Police,
including--
(i) strategic analysis and real-time warning; and
(ii) access to classified systems for transmitting and
posting intelligence.
(F) Cyber intelligence relevant to the protection of cyber
networks of Congress and the personal devices and accounts of
Members and employees of Congress, including--
(i) strategic and real-time warnings, such as malware
signatures and other indications of attack; and
(ii) access to classified systems for transmitting and
posting intelligence.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(b) Government Accountability Office Report.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees and
congressional leadership a report on the capacity of the Sergeants
at Arms and the United States Capitol Police to access and use
intelligence and threat information relevant to the physical and
cyber security of Congress.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) An assessment of the extent to which the Sergeants at
Arms and the United States Capitol Police have the resources,
including facilities, cleared personnel, and necessary
training, and authorities to adequately access, analyze,
manage, and use intelligence and threat information necessary
to defend the physical and cyber security of Congress.
(B) The extent to which the Sergeants at Arms and the
United States Capitol Police communicate and coordinate threat
data with each other and with other local law enforcement
entities.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Rules and Administration, the
Committee on the Judiciary, and the Committee on Appropriations
of the Senate; and
(C) the Committee on Homeland Security, the Committee on
House Administration, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Sergeants at arms.--The term ``Sergeants at Arms'' means
the Sergeant at Arms and Doorkeeper of the Senate, the Sergeant at
Arms of the House of Representatives, and the Chief Administrative
Officer of the House of Representatives.
DIVISION Y--CYBER INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE ACT OF
2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``Cyber Incident Reporting for
Critical Infrastructure Act of 2022''.
SEC. 102. DEFINITIONS.
In this division:
(1) Covered cyber incident; covered entity; cyber incident;
information system; ransom payment; ransomware attack; security
vulnerability.--The terms ``covered cyber incident'', ``covered
entity'', ``cyber incident'', ``information system'', ``ransom
payment'', ``ransomware attack'', and ``security vulnerability''
have the meanings given those terms in section 2240 of the Homeland
Security Act of 2002, as added by section 103 of this division.
(2) Director.--The term ``Director'' means the Director of the
Cybersecurity and Infrastructure Security Agency.
SEC. 103. CYBER INCIDENT REPORTING.
(a) Cyber Incident Reporting.--Title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(1) in section 2209(c) (6 U.S.C. 659(c))--
(A) in paragraph (11), by striking ``; and'' and inserting
a semicolon;
(B) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) receiving, aggregating, and analyzing reports related to
covered cyber incidents (as defined in section 2240) submitted by
covered entities (as defined in section 2240) and reports related
to ransom payments (as defined in section 2240) submitted by
covered entities (as defined in section 2240) in furtherance of the
activities specified in sections 2202(e), 2203, and 2241, this
subsection, and any other authorized activity of the Director, to
enhance the situational awareness of cybersecurity threats across
critical infrastructure sectors.''; and
(2) by adding at the end the following:
``Subtitle D--Cyber Incident Reporting
``SEC. 2240. DEFINITIONS.
``In this subtitle:
``(1) Center.--The term `Center' means the center established
under section 2209.
``(2) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services related to
cloud computing, as defined by the National Institute of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document relating thereto.
``(3) Council.--The term `Council' means the Cyber Incident
Reporting Council described in section 2246.
``(4) Covered cyber incident.--The term `covered cyber
incident' means a substantial cyber incident experienced by a
covered entity that satisfies the definition and criteria
established by the Director in the final rule issued pursuant to
section 2242(b).
``(5) Covered entity.--The term `covered entity' means an
entity in a critical infrastructure sector, as defined in
Presidential Policy Directive 21, that satisfies the definition
established by the Director in the final rule issued pursuant to
section 2242(b).
``(6) Cyber incident.--The term `cyber incident'--
``(A) has the meaning given the term `incident' in section
2209; and
``(B) does not include an occurrence that imminently, but
not actually, jeopardizes--
``(i) information on information systems; or
``(ii) information systems.
``(7) Cyber threat.--The term `cyber threat' has the meaning
given the term `cybersecurity threat' in section 2201.
``(8) Cyber threat indicator; cybersecurity purpose; defensive
measure; federal entity; security vulnerability.--The terms `cyber
threat indicator', `cybersecurity purpose', `defensive measure',
`Federal entity', and `security vulnerability' have the meanings
given those terms in section 102 of the Cybersecurity Act of 2015
(6 U.S.C. 1501).
``(9) Incident; sharing.--The terms `incident' and `sharing'
have the meanings given those terms in section 2209.
``(10) Information sharing and analysis organization.--The term
`Information Sharing and Analysis Organization' has the meaning
given the term in section 2222.
``(11) Information system.--The term `information system'--
``(A) has the meaning given the term in section 3502 of
title 44, United States Code; and
``(B) includes industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
``(12) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as network,
application, infrastructure, or security services, via ongoing and
regular support and active administration on the premises of a
customer, in the data center of the entity (such as hosting), or in
a third party data center.
``(13) Ransom payment.--The term `ransom payment' means the
transmission of any money or other property or asset, including
virtual currency, or any portion thereof, which has at any time
been delivered as ransom in connection with a ransomware attack.
``(14) Ransomware attack.--The term `ransomware attack'--
``(A) means an incident that includes the use or threat of
use of unauthorized or malicious code on an information system,
or the use or threat of use of another digital mechanism such
as a denial of service attack, to interrupt or disrupt the
operations of an information system or compromise the
confidentiality, availability, or integrity of electronic data
stored on, processed by, or transiting an information system to
extort a demand for a ransom payment; and
``(B) does not include any such event where the demand for
payment is--
``(i) not genuine; or
``(ii) made in good faith by an entity in response to a
specific request by the owner or operator of the
information system.
``(15) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section 2201.
``(16) Significant cyber incident.--The term `significant cyber
incident' means a cyber incident, or a group of related cyber
incidents, that the Secretary determines is likely to result in
demonstrable harm to the national security interests, foreign
relations, or economy of the United States or to the public
confidence, civil liberties, or public health and safety of the
people of the United States.
``(17) Supply chain compromise.--The term `supply chain
compromise' means an incident within the supply chain of an
information system that an adversary can leverage or does leverage
to jeopardize the confidentiality, integrity, or availability of
the information system or the information the system processes,
stores, or transmits, and can occur at any point during the life
cycle.
``(18) Virtual currency.--The term `virtual currency' means the
digital representation of value that functions as a medium of
exchange, a unit of account, or a store of value.
``(19) Virtual currency address.--The term `virtual currency
address' means a unique public cryptographic key identifying the
location to which a virtual currency payment can be made.
``SEC. 2241. CYBER INCIDENT REVIEW.
``(a) Activities.--The Center shall--
``(1) receive, aggregate, analyze, and secure, using processes
consistent with the processes developed pursuant to the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et
seq.) reports from covered entities related to a covered cyber
incident to assess the effectiveness of security controls, identify
tactics, techniques, and procedures adversaries use to overcome
those controls and other cybersecurity purposes, including to
assess potential impact of cyber incidents on public health and
safety and to enhance situational awareness of cyber threats across
critical infrastructure sectors;
``(2) coordinate and share information with appropriate Federal
departments and agencies to identify and track ransom payments,
including those utilizing virtual currencies;
``(3) leverage information gathered about cyber incidents to--
``(A) enhance the quality and effectiveness of information
sharing and coordination efforts with appropriate entities,
including agencies, sector coordinating councils, Information
Sharing and Analysis Organizations, State, local, Tribal, and
territorial governments, technology providers, critical
infrastructure owners and operators, cybersecurity and cyber
incident response firms, and security researchers; and
``(B) provide appropriate entities, including sector
coordinating councils, Information Sharing and Analysis
Organizations, State, local, Tribal, and territorial
governments, technology providers, cybersecurity and cyber
incident response firms, and security researchers, with timely,
actionable, and anonymized reports of cyber incident campaigns
and trends, including, to the maximum extent practicable,
related contextual information, cyber threat indicators, and
defensive measures, pursuant to section 2245;
``(4) establish mechanisms to receive feedback from
stakeholders on how the Agency can most effectively receive covered
cyber incident reports, ransom payment reports, and other
voluntarily provided information, and how the Agency can most
effectively support private sector cybersecurity;
``(5) facilitate the timely sharing, on a voluntary basis,
between relevant critical infrastructure owners and operators of
information relating to covered cyber incidents and ransom
payments, particularly with respect to ongoing cyber threats or
security vulnerabilities and identify and disseminate ways to
prevent or mitigate similar cyber incidents in the future;
``(6) for a covered cyber incident, including a ransomware
attack, that also satisfies the definition of a significant cyber
incident, or is part of a group of related cyber incidents that
together satisfy such definition, conduct a review of the details
surrounding the covered cyber incident or group of those incidents
and identify and disseminate ways to prevent or mitigate similar
incidents in the future;
``(7) with respect to covered cyber incident reports under
section 2242(a) and 2243 involving an ongoing cyber threat or
security vulnerability, immediately review those reports for cyber
threat indicators that can be anonymized and disseminated, with
defensive measures, to appropriate stakeholders, in coordination
with other divisions within the Agency, as appropriate;
``(8) publish quarterly unclassified, public reports that
describe aggregated, anonymized observations, findings, and
recommendations based on covered cyber incident reports, which may
be based on the unclassified information contained in the briefings
required under subsection (c);
``(9) proactively identify opportunities, consistent with the
protections in section 2245, to leverage and utilize data on cyber
incidents in a manner that enables and strengthens cybersecurity
research carried out by academic institutions and other private
sector organizations, to the greatest extent practicable; and
``(10) in accordance with section 2245 and subsection (b) of
this section, as soon as possible but not later than 24 hours after
receiving a covered cyber incident report, ransom payment report,
voluntarily submitted information pursuant to section 2243, or
information received pursuant to a request for information or
subpoena under section 2244, make available the information to
appropriate Sector Risk Management Agencies and other appropriate
Federal agencies.
``(b) Interagency Sharing.--The President or a designee of the
President--
``(1) may establish a specific time requirement for sharing
information under subsection (a)(10); and
``(2) shall determine the appropriate Federal agencies under
subsection (a)(10).
``(c) Periodic Briefing.--Not later than 60 days after the
effective date of the final rule required under section 2242(b), and on
the first day of each month thereafter, the Director, in consultation
with the National Cyber Director, the Attorney General, and the
Director of National Intelligence, shall provide to the majority leader
of the Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Homeland Security of the
House of Representatives a briefing that characterizes the national
cyber threat landscape, including the threat facing Federal agencies
and covered entities, and applicable intelligence and law enforcement
information, covered cyber incidents, and ransomware attacks, as of the
date of the briefing, which shall--
``(1) include the total number of reports submitted under
sections 2242 and 2243 during the preceding month, including a
breakdown of required and voluntary reports;
``(2) include any identified trends in covered cyber incidents
and ransomware attacks over the course of the preceding month and
as compared to previous reports, including any trends related to
the information collected in the reports submitted under sections
2242 and 2243, including--
``(A) the infrastructure, tactics, and techniques malicious
cyber actors commonly use; and
``(B) intelligence gaps that have impeded, or currently are
impeding, the ability to counter covered cyber incidents and
ransomware threats;
``(3) include a summary of the known uses of the information in
reports submitted under sections 2242 and 2243; and
``(4) include an unclassified portion, but may include a
classified component.
``SEC. 2242. REQUIRED REPORTING OF CERTAIN CYBER INCIDENTS.
``(a) In General.--
``(1) Covered cyber incident reports.--
``(A) In general.--A covered entity that experiences a
covered cyber incident shall report the covered cyber incident
to the Agency not later than 72 hours after the covered entity
reasonably believes that the covered cyber incident has
occurred.
``(B) Limitation.--The Director may not require reporting
under subparagraph (A) any earlier than 72 hours after the
covered entity reasonably believes that a covered cyber
incident has occurred.
``(2) Ransom payment reports.--
``(A) In general.--A covered entity that makes a ransom
payment as the result of a ransomware attack against the
covered entity shall report the payment to the Agency not later
than 24 hours after the ransom payment has been made.
``(B) Application.--The requirements under subparagraph (A)
shall apply even if the ransomware attack is not a covered
cyber incident subject to the reporting requirements under
paragraph (1).
``(3) Supplemental reports.--A covered entity shall promptly
submit to the Agency an update or supplement to a previously
submitted covered cyber incident report if substantial new or
different information becomes available or if the covered entity
makes a ransom payment after submitting a covered cyber incident
report required under paragraph (1), until such date that such
covered entity notifies the Agency that the covered cyber incident
at issue has concluded and has been fully mitigated and resolved.
``(4) Preservation of information.--Any covered entity subject
to requirements of paragraph (1), (2), or (3) shall preserve data
relevant to the covered cyber incident or ransom payment in
accordance with procedures established in the final rule issued
pursuant to subsection (b).
``(5) Exceptions.--
``(A) Reporting of covered cyber incident with ransom
payment.--If a covered entity is the victim of a covered cyber
incident and makes a ransom payment prior to the 72 hour
requirement under paragraph (1), such that the reporting
requirements under paragraphs (1) and (2) both apply, the
covered entity may submit a single report to satisfy the
requirements of both paragraphs in accordance with procedures
established in the final rule issued pursuant to subsection
(b).
``(B) Substantially similar reported information.--
``(i) In general.--Subject to the limitation described
in clause (ii), where the Agency has an agreement in place
that satisfies the requirements of section 104(a) of the
Cyber Incident Reporting for Critical Infrastructure Act of
2022, the requirements under paragraphs (1), (2), and (3)
shall not apply to a covered entity required by law,
regulation, or contract to report substantially similar
information to another Federal agency within a
substantially similar timeframe.
``(ii) Limitation.--The exemption in clause (i) shall
take effect with respect to a covered entity once an agency
agreement and sharing mechanism is in place between the
Agency and the respective Federal agency, pursuant to
section 104(a) of the Cyber Incident Reporting for Critical
Infrastructure Act of 2022.
``(iii) Rules of construction.--Nothing in this
paragraph shall be construed to--
``(I) exempt a covered entity from the reporting
requirements under paragraph (3) unless the
supplemental report also meets the requirements of
clauses (i) and (ii) of this paragraph;
``(II) prevent the Agency from contacting an entity
submitting information to another Federal agency that
is provided to the Agency pursuant to section 104 of
the Cyber Incident Reporting for Critical
Infrastructure Act of 2022; or
``(III) prevent an entity from communicating with
the Agency.
``(C) Domain name system.--The requirements under
paragraphs (1), (2) and (3) shall not apply to a covered entity
or the functions of a covered entity that the Director
determines constitute critical infrastructure owned, operated,
or governed by multi-stakeholder organizations that develop,
implement, and enforce policies concerning the Domain Name
System, such as the Internet Corporation for Assigned Names and
Numbers or the Internet Assigned Numbers Authority.
``(6) Manner, timing, and form of reports.--Reports made under
paragraphs (1), (2), and (3) shall be made in the manner and form,
and within the time period in the case of reports made under
paragraph (3), prescribed in the final rule issued pursuant to
subsection (b).
``(7) Effective date.--Paragraphs (1) through (4) shall take
effect on the dates prescribed in the final rule issued pursuant to
subsection (b).
``(b) Rulemaking.--
``(1) Notice of proposed rulemaking.--Not later than 24 months
after the date of enactment of this section, the Director, in
consultation with Sector Risk Management Agencies, the Department
of Justice, and other Federal agencies, shall publish in the
Federal Register a notice of proposed rulemaking to implement
subsection (a).
``(2) Final rule.--Not later than 18 months after publication
of the notice of proposed rulemaking under paragraph (1), the
Director shall issue a final rule to implement subsection (a).
``(3) Subsequent rulemakings.--
``(A) In general.--The Director is authorized to issue
regulations to amend or revise the final rule issued pursuant
to paragraph (2).
``(B) Procedures.--Any subsequent rules issued under
subparagraph (A) shall comply with the requirements under
chapter 5 of title 5, United States Code, including the
issuance of a notice of proposed rulemaking under section 553
of such title.
``(c) Elements.--The final rule issued pursuant to subsection (b)
shall be composed of the following elements:
``(1) A clear description of the types of entities that
constitute covered entities, based on--
``(A) the consequences that disruption to or compromise of
such an entity could cause to national security, economic
security, or public health and safety;
``(B) the likelihood that such an entity may be targeted by
a malicious cyber actor, including a foreign country; and
``(C) the extent to which damage, disruption, or
unauthorized access to such an entity, including the accessing
of sensitive cybersecurity vulnerability information or
penetration testing tools or techniques, will likely enable the
disruption of the reliable operation of critical
infrastructure.
``(2) A clear description of the types of substantial cyber
incidents that constitute covered cyber incidents, which shall--
``(A) at a minimum, require the occurrence of--
``(i) a cyber incident that leads to substantial loss
of confidentiality, integrity, or availability of such
information system or network, or a serious impact on the
safety and resiliency of operational systems and processes;
``(ii) a disruption of business or industrial
operations, including due to a denial of service attack,
ransomware attack, or exploitation of a zero day
vulnerability, against
``(I) an information system or network; or
``(II) an operational technology system or process;
or
``(iii) unauthorized access or disruption of business
or industrial operations due to loss of service facilitated
through, or caused by, a compromise of a cloud service
provider, managed service provider, or other third-party
data hosting provider or by a supply chain compromise;
``(B) consider--
``(i) the sophistication or novelty of the tactics used
to perpetrate such a cyber incident, as well as the type,
volume, and sensitivity of the data at issue;
``(ii) the number of individuals directly or indirectly
affected or potentially affected by such a cyber incident;
and
``(iii) potential impacts on industrial control
systems, such as supervisory control and data acquisition
systems, distributed control systems, and programmable
logic controllers; and
``(C) exclude--
``(i) any event where the cyber incident is perpetrated
in good faith by an entity in response to a specific
request by the owner or operator of the information system;
and
``(ii) the threat of disruption as extortion, as
described in section 2240(14)(A).
``(3) A requirement that, if a covered cyber incident or a
ransom payment occurs following an exempted threat described in
paragraph (2)(C)(ii), the covered entity shall comply with the
requirements in this subtitle in reporting the covered cyber
incident or ransom payment.
``(4) A clear description of the specific required contents of
a report pursuant to subsection (a)(1), which shall include the
following information, to the extent applicable and available, with
respect to a covered cyber incident:
``(A) A description of the covered cyber incident,
including--
``(i) identification and a description of the function
of the affected information systems, networks, or devices
that were, or are reasonably believed to have been,
affected by such cyber incident;
``(ii) a description of the unauthorized access with
substantial loss of confidentiality, integrity, or
availability of the affected information system or network
or disruption of business or industrial operations;
``(iii) the estimated date range of such incident; and
``(iv) the impact to the operations of the covered
entity.
``(B) Where applicable, a description of the
vulnerabilities exploited and the security defenses that were
in place, as well as the tactics, techniques, and procedures
used to perpetrate the covered cyber incident.
``(C) Where applicable, any identifying or contact
information related to each actor reasonably believed to be
responsible for such cyber incident.
``(D) Where applicable, identification of the category or
categories of information that were, or are reasonably believed
to have been, accessed or acquired by an unauthorized person.
``(E) The name and other information that clearly
identifies the covered entity impacted by the covered cyber
incident, including, as applicable, the State of incorporation
or formation of the covered entity, trade names, legal names,
or other identifiers.
``(F) Contact information, such as telephone number or
electronic mail address, that the Agency may use to contact the
covered entity or an authorized agent of such covered entity,
or, where applicable, the service provider of such covered
entity acting with the express permission of, and at the
direction of, the covered entity to assist with compliance with
the requirements of this subtitle.
``(5) A clear description of the specific required contents of
a report pursuant to subsection (a)(2), which shall be the
following information, to the extent applicable and available, with
respect to a ransom payment:
``(A) A description of the ransomware attack, including the
estimated date range of the attack.
``(B) Where applicable, a description of the
vulnerabilities, tactics, techniques, and procedures used to
perpetrate the ransomware attack.
``(C) Where applicable, any identifying or contact
information related to the actor or actors reasonably believed
to be responsible for the ransomware attack.
``(D) The name and other information that clearly
identifies the covered entity that made the ransom payment or
on whose behalf the payment was made.
``(E) Contact information, such as telephone number or
electronic mail address, that the Agency may use to contact the
covered entity that made the ransom payment or an authorized
agent of such covered entity, or, where applicable, the service
provider of such covered entity acting with the express
permission of, and at the direction of, that covered entity to
assist with compliance with the requirements of this subtitle.
``(F) The date of the ransom payment.
``(G) The ransom payment demand, including the type of
virtual currency or other commodity requested, if applicable.
``(H) The ransom payment instructions, including
information regarding where to send the payment, such as the
virtual currency address or physical address the funds were
requested to be sent to, if applicable.
``(I) The amount of the ransom payment.
``(6) A clear description of the types of data required to be
preserved pursuant to subsection (a)(4), the period of time for
which the data is required to be preserved, and allowable uses,
processes, and procedures.
``(7) Deadlines and criteria for submitting supplemental
reports to the Agency required under subsection (a)(3), which
shall--
``(A) be established by the Director in consultation with
the Council;
``(B) consider any existing regulatory reporting
requirements similar in scope, purpose, and timing to the
reporting requirements to which such a covered entity may also
be subject, and make efforts to harmonize the timing and
contents of any such reports to the maximum extent practicable;
``(C) balance the need for situational awareness with the
ability of the covered entity to conduct cyber incident
response and investigations; and
``(D) provide a clear description of what constitutes
substantial new or different information.
``(8) Procedures for--
``(A) entities, including third parties pursuant to
subsection (d)(1), to submit reports required by paragraphs
(1), (2), and (3) of subsection (a), including the manner and
form thereof, which shall include, at a minimum, a concise,
user-friendly web-based form;
``(B) the Agency to carry out--
``(i) the enforcement provisions of section 2244,
including with respect to the issuance, service,
withdrawal, referral process, and enforcement of subpoenas,
appeals and due process procedures;
``(ii) other available enforcement mechanisms including
acquisition, suspension and debarment procedures; and
``(iii) other aspects of noncompliance;
``(C) implementing the exceptions provided in subsection
(a)(5); and
``(D) protecting privacy and civil liberties consistent
with processes adopted pursuant to section 105(b) of the
Cybersecurity Act of 2015 (6 U.S.C. 1504(b)) and anonymizing
and safeguarding, or no longer retaining, information received
and disclosed through covered cyber incident reports and ransom
payment reports that is known to be personal information of a
specific individual or information that identifies a specific
individual that is not directly related to a cybersecurity
threat.
``(9) Other procedural measures directly necessary to implement
subsection (a).
``(d) Third Party Report Submission and Ransom Payment.--
``(1) Report submission.--A covered entity that is required to
submit a covered cyber incident report or a ransom payment report
may use a third party, such as an incident response company,
insurance provider, service provider, Information Sharing and
Analysis Organization, or law firm, to submit the required report
under subsection (a).
``(2) Ransom payment.--If a covered entity impacted by a
ransomware attack uses a third party to make a ransom payment, the
third party shall not be required to submit a ransom payment report
for itself under subsection (a)(2).
``(3) Duty to report.--Third-party reporting under this
subparagraph does not relieve a covered entity from the duty to
comply with the requirements for covered cyber incident report or
ransom payment report submission.
``(4) Responsibility to advise.--Any third party used by a
covered entity that knowingly makes a ransom payment on behalf of a
covered entity impacted by a ransomware attack shall advise the
impacted covered entity of the responsibilities of the impacted
covered entity regarding reporting ransom payments under this
section.
``(e) Outreach to Covered Entities.--
``(1) In general.--The Agency shall conduct an outreach and
education campaign to inform likely covered entities, entities that
offer or advertise as a service to customers to make or facilitate
ransom payments on behalf of covered entities impacted by
ransomware attacks and other appropriate entities of the
requirements of paragraphs (1), (2), and (3) of subsection (a).
``(2) Elements.--The outreach and education campaign under
paragraph (1) shall include the following:
``(A) An overview of the final rule issued pursuant to
subsection (b).
``(B) An overview of mechanisms to submit to the Agency
covered cyber incident reports, ransom payment reports, and
information relating to the disclosure, retention, and use of
covered cyber incident reports and ransom payment reports under
this section.
``(C) An overview of the protections afforded to covered
entities for complying with the requirements under paragraphs
(1), (2), and (3) of subsection (a).
``(D) An overview of the steps taken under section 2244
when a covered entity is not in compliance with the reporting
requirements under subsection (a).
``(E) Specific outreach to cybersecurity vendors, cyber
incident response providers, cybersecurity insurance entities,
and other entities that may support covered entities.
``(F) An overview of the privacy and civil liberties
requirements in this subtitle.
``(3) Coordination.--In conducting the outreach and education
campaign required under paragraph (1), the Agency may coordinate
with--
``(A) the Critical Infrastructure Partnership Advisory
Council established under section 871;
``(B) Information Sharing and Analysis Organizations;
``(C) trade associations;
``(D) information sharing and analysis centers;
``(E) sector coordinating councils; and
``(F) any other entity as determined appropriate by the
Director.
``(f) Exemption.--Sections 3506(c), 3507, 3508, and 3509 of title
44, United States Code, shall not apply to any action to carry out this
section.
``(g) Rule of Construction.--Nothing in this section shall affect
the authorities of the Federal Government to implement the requirements
of Executive Order 14028 (86 Fed. Reg. 26633; relating to improving the
nation's cybersecurity), including changes to the Federal Acquisition
Regulations and remedies to include suspension and debarment.
``(h) Savings Provision.--Nothing in this section shall be
construed to supersede or to abrogate, modify, or otherwise limit the
authority that is vested in any officer or any agency of the United
States Government to regulate or take action with respect to the
cybersecurity of an entity.
``SEC. 2243. VOLUNTARY REPORTING OF OTHER CYBER INCIDENTS.
``(a) In General.--Entities may voluntarily report cyber incidents
or ransom payments to the Agency that are not required under paragraph
(1), (2), or (3) of section 2242(a), but may enhance the situational
awareness of cyber threats.
``(b) Voluntary Provision of Additional Information in Required
Reports.--Covered entities may voluntarily include in reports required
under paragraph (1), (2), or (3) of section 2242(a) information that is
not required to be included, but may enhance the situational awareness
of cyber threats.
``(c) Application of Protections.--The protections under section
2245 applicable to reports made under section 2242 shall apply in the
same manner and to the same extent to reports and information submitted
under subsections (a) and (b).
``SEC. 2244. NONCOMPLIANCE WITH REQUIRED REPORTING.
``(a) Purpose.--In the event that a covered entity that is required
to submit a report under section 2242(a) fails to comply with the
requirement to report, the Director may obtain information about the
cyber incident or ransom payment by engaging the covered entity
directly to request information about the cyber incident or ransom
payment, and if the Director is unable to obtain information through
such engagement, by issuing a subpoena to the covered entity, pursuant
to subsection (c), to gather information sufficient to determine
whether a covered cyber incident or ransom payment has occurred.
``(b) Initial Request for Information.--
``(1) In general.--If the Director has reason to believe,
whether through public reporting or other information in the
possession of the Federal Government, including through analysis
performed pursuant to paragraph (1) or (2) of section 2241(a), that
a covered entity has experienced a covered cyber incident or made a
ransom payment but failed to report such cyber incident or payment
to the Agency in accordance with section 2242(a), the Director may
request additional information from the covered entity to confirm
whether or not a covered cyber incident or ransom payment has
occurred.
``(2) Treatment.--Information provided to the Agency in
response to a request under paragraph (1) shall be treated as if it
was submitted through the reporting procedures established in
section 2242.
``(c) Enforcement.--
``(1) In general.--If, after the date that is 72 hours from the
date on which the Director made the request for information in
subsection (b), the Director has received no response from the
covered entity from which such information was requested, or
received an inadequate response, the Director may issue to such
covered entity a subpoena to compel disclosure of information the
Director deems necessary to determine whether a covered cyber
incident or ransom payment has occurred and obtain the information
required to be reported pursuant to section 2242 and any
implementing regulations, and assess potential impacts to national
security, economic security, or public health and safety.
``(2) Civil action.--
``(A) In general.--If a covered entity fails to comply with
a subpoena, the Director may refer the matter to the Attorney
General to bring a civil action in a district court of the
United States to enforce such subpoena.
``(B) Venue.--An action under this paragraph may be brought
in the judicial district in which the covered entity against
which the action is brought resides, is found, or does
business.
``(C) Contempt of court.--A court may punish a failure to
comply with a subpoena issued under this subsection as contempt
of court.
``(3) Non-delegation.--The authority of the Director to issue a
subpoena under this subsection may not be delegated.
``(4) Authentication.--
``(A) In general.--Any subpoena issued electronically
pursuant to this subsection shall be authenticated with a
cryptographic digital signature of an authorized representative
of the Agency, or other comparable successor technology, that
allows the Agency to demonstrate that such subpoena was issued
by the Agency and has not been altered or modified since such
issuance.
``(B) Invalid if not authenticated.--Any subpoena issued
electronically pursuant to this subsection that is not
authenticated in accordance with subparagraph (A) shall not be
considered to be valid by the recipient of such subpoena.
``(d) Provision of Certain Information to Attorney General.--
``(1) In general.--Notwithstanding section 2245(a)(5) and
paragraph (b)(2) of this section, if the Director determines, based
on the information provided in response to a subpoena issued
pursuant to subsection (c), that the facts relating to the cyber
incident or ransom payment at issue may constitute grounds for a
regulatory enforcement action or criminal prosecution, the Director
may provide such information to the Attorney General or the head of
the appropriate Federal regulatory agency, who may use such
information for a regulatory enforcement action or criminal
prosecution.
``(2) Consultation.--The Director may consult with the Attorney
General or the head of the appropriate Federal regulatory agency
when making the determination under paragraph (1).
``(e) Considerations.--When determining whether to exercise the
authorities provided under this section, the Director shall take into
consideration--
``(1) the complexity in determining if a covered cyber incident
has occurred; and
``(2) prior interaction with the Agency or awareness of the
covered entity of the policies and procedures of the Agency for
reporting covered cyber incidents and ransom payments.
``(f) Exclusions.--This section shall not apply to a State, local,
Tribal, or territorial government entity.
``(g) Report to Congress.--The Director shall submit to Congress an
annual report on the number of times the Director--
``(1) issued an initial request for information pursuant to
subsection (b);
``(2) issued a subpoena pursuant to subsection (c); or
``(3) referred a matter to the Attorney General for a civil
action pursuant to subsection (c)(2).
``(h) Publication of the Annual Report.--The Director shall publish
a version of the annual report required under subsection (g) on the
website of the Agency, which shall include, at a minimum, the number of
times the Director--
``(1) issued an initial request for information pursuant to
subsection (b); or
``(2) issued a subpoena pursuant to subsection (c).
``(i) Anonymization of Reports.--The Director shall ensure any
victim information contained in a report required to be published under
subsection (h) be anonymized before the report is published.
``SEC. 2245. INFORMATION SHARED WITH OR PROVIDED TO THE FEDERAL
GOVERNMENT.
``(a) Disclosure, Retention, and Use.--
``(1) Authorized activities.--Information provided to the
Agency pursuant to section 2242 or 2243 may be disclosed to,
retained by, and used by, consistent with otherwise applicable
provisions of Federal law, any Federal agency or department,
component, officer, employee, or agent of the Federal Government
solely for--
``(A) a cybersecurity purpose;
``(B) the purpose of identifying--
``(i) a cyber threat, including the source of the cyber
threat; or
``(ii) a security vulnerability;
``(C) the purpose of responding to, or otherwise preventing
or mitigating, a specific threat of death, a specific threat of
serious bodily harm, or a specific threat of serious economic
harm, including a terrorist act or use of a weapon of mass
destruction;
``(D) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a serious
threat to a minor, including sexual exploitation and threats to
physical safety; or
``(E) the purpose of preventing, investigating, disrupting,
or prosecuting an offense arising out of a cyber incident
reported pursuant to section 2242 or 2243 or any of the
offenses listed in section 105(d)(5)(A)(v) of the Cybersecurity
Act of 2015 (6 U.S.C. 1504(d)(5)(A)(v)).
``(2) Agency actions after receipt.--
``(A) Rapid, confidential sharing of cyber threat
indicators.--Upon receiving a covered cyber incident or ransom
payment report submitted pursuant to this section, the Agency
shall immediately review the report to determine whether the
cyber incident that is the subject of the report is connected
to an ongoing cyber threat or security vulnerability and where
applicable, use such report to identify, develop, and rapidly
disseminate to appropriate stakeholders actionable, anonymized
cyber threat indicators and defensive measures.
``(B) Principles for sharing security vulnerabilities.--
With respect to information in a covered cyber incident or
ransom payment report regarding a security vulnerability
referred to in paragraph (1)(B)(ii), the Director shall develop
principles that govern the timing and manner in which
information relating to security vulnerabilities may be shared,
consistent with common industry best practices and United
States and international standards.
``(3) Privacy and civil liberties.--Information contained in
covered cyber incident and ransom payment reports submitted to the
Agency pursuant to section 2242 shall be retained, used, and
disseminated, where permissible and appropriate, by the Federal
Government in accordance with processes to be developed for the
protection of personal information consistent with processes
adopted pursuant to section 105 of the Cybersecurity Act of 2015 (6
U.S.C. 1504) and in a manner that protects personal information
from unauthorized use or unauthorized disclosure.
``(4) Digital security.--The Agency shall ensure that reports
submitted to the Agency pursuant to section 2242, and any
information contained in those reports, are collected, stored, and
protected at a minimum in accordance with the requirements for
moderate impact Federal information systems, as described in
Federal Information Processing Standards Publication 199, or any
successor document.
``(5) Prohibition on use of information in regulatory
actions.--
``(A) In general.--A Federal, State, local, or Tribal
government shall not use information about a covered cyber
incident or ransom payment obtained solely through reporting
directly to the Agency in accordance with this subtitle to
regulate, including through an enforcement action, the
activities of the covered entity or entity that made a ransom
payment, unless the government entity expressly allows entities
to submit reports to the Agency to meet regulatory reporting
obligations of the entity.
``(B) Clarification.--A report submitted to the Agency
pursuant to section 2242 or 2243 may, consistent with Federal
or State regulatory authority specifically relating to the
prevention and mitigation of cybersecurity threats to
information systems, inform the development or implementation
of regulations relating to such systems.
``(b) Protections for Reporting Entities and Information.--Reports
describing covered cyber incidents or ransom payments submitted to the
Agency by entities in accordance with section 2242, as well as
voluntarily-submitted cyber incident reports submitted to the Agency
pursuant to section 2243, shall--
``(1) be considered the commercial, financial, and proprietary
information of the covered entity when so designated by the covered
entity;
``(2) be exempt from disclosure under section 552(b)(3) of
title 5, United States Code (commonly known as the `Freedom of
Information Act'), as well as any provision of State, Tribal, or
local freedom of information law, open government law, open
meetings law, open records law, sunshine law, or similar law
requiring disclosure of information or records;
``(3) be considered not to constitute a waiver of any
applicable privilege or protection provided by law, including trade
secret protection; and
``(4) not be subject to a rule of any Federal agency or
department or any judicial doctrine regarding ex parte
communications with a decision-making official.
``(c) Liability Protections.--
``(1) In general.--No cause of action shall lie or be
maintained in any court by any person or entity and any such action
shall be promptly dismissed for the submission of a report pursuant
to section 2242(a) that is submitted in conformance with this
subtitle and the rule promulgated under section 2242(b), except
that this subsection shall not apply with regard to an action by
the Federal Government pursuant to section 2244(c)(2).
``(2) Scope.--The liability protections provided in this
subsection shall only apply to or affect litigation that is solely
based on the submission of a covered cyber incident report or
ransom payment report to the Agency.
``(3) Restrictions.--Notwithstanding paragraph (2), no report
submitted to the Agency pursuant to this subtitle or any
communication, document, material, or other record, created for the
sole purpose of preparing, drafting, or submitting such report, may
be received in evidence, subject to discovery, or otherwise used in
any trial, hearing, or other proceeding in or before any court,
regulatory body, or other authority of the United States, a State,
or a political subdivision thereof, provided that nothing in this
subtitle shall create a defense to discovery or otherwise affect
the discovery of any communication, document, material, or other
record not created for the sole purpose of preparing, drafting, or
submitting such report.
``(d) Sharing With Non-Federal Entities.--The Agency shall
anonymize the victim who reported the information when making
information provided in reports received under section 2242 available
to critical infrastructure owners and operators and the general public.
``(e) Stored Communications Act.--Nothing in this subtitle shall be
construed to permit or require disclosure by a provider of a remote
computing service or a provider of an electronic communication service
to the public of information not otherwise permitted or required to be
disclosed under chapter 121 of title 18, United States Code (commonly
known as the `Stored Communications Act').
``SEC. 2246. CYBER INCIDENT REPORTING COUNCIL.
``(a) Responsibility of the Secretary.--The Secretary shall lead an
intergovernmental Cyber Incident Reporting Council, in consultation
with the Director of the Office of Management and Budget, the Attorney
General, the National Cyber Director, Sector Risk Management Agencies,
and other appropriate Federal agencies, to coordinate, deconflict, and
harmonize Federal incident reporting requirements, including those
issued through regulations.
``(b) Rule of Construction.--Nothing in subsection (a) shall be
construed to provide any additional regulatory authority to any Federal
entity.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the items relating to
subtitle C of title XXII the following:
``Subtitle D--Cyber Incident Reporting
``Sec. 2240. Definitions.
``Sec. 2241. Cyber Incident Review.
``Sec. 2242. Required reporting of certain cyber incidents.
``Sec. 2243. Voluntary reporting of other cyber incidents.
``Sec. 2244. Noncompliance with required reporting.
``Sec. 2245. Information shared with or provided to the Federal
Government.
``Sec. 2246. Cyber Incident Reporting Council.''.
SEC. 104. FEDERAL SHARING OF INCIDENT REPORTS.
(a) Cyber Incident Reporting Sharing.--
(1) In general.--Notwithstanding any other provision of law or
regulation, any Federal agency, including any independent
establishment (as defined in section 104 of title 5, United States
Code), that receives a report from an entity of a cyber incident,
including a ransomware attack, shall provide the report to the
Agency as soon as possible, but not later than 24 hours after
receiving the report, unless a shorter period is required by an
agreement made between the Department of Homeland Security
(including the Cybersecurity and Infrastructure Security Agency)
and the recipient Federal agency. The Director shall share and
coordinate each report pursuant to section 2241(b) of the Homeland
Security Act of 2002, as added by section 103 of this division.
(2) Rule of construction.--The requirements described in
paragraph (1) and section 2245(d) of the Homeland Security Act of
2002, as added by section 103 of this division, may not be
construed to be a violation of any provision of law or policy that
would otherwise prohibit disclosure or provision of information
within the executive branch.
(3) Protection of information.--The Director shall comply with
any obligations of the recipient Federal agency described in
paragraph (1) to protect information, including with respect to
privacy, confidentiality, or information security, if those
obligations would impose greater protection requirements than this
division or the amendments made by this division.
(4) Effective date.--This subsection shall take effect on the
effective date of the final rule issued pursuant to section 2242(b)
of the Homeland Security Act of 2002, as added by section 103 of
this division.
(5) Agency agreements.--
(A) In general.--The Agency and any Federal agency,
including any independent establishment (as defined in section
104 of title 5, United States Code), that receives incident
reports from entities, including due to ransomware attacks,
shall, as appropriate, enter into a documented agreement to
establish policies, processes, procedures, and mechanisms to
ensure reports are shared with the Agency pursuant to paragraph
(1).
(B) Availability.--To the maximum extent practicable, each
documented agreement required under subparagraph (A) shall be
made publicly available.
(C) Requirement.--The documented agreements required by
subparagraph (A) shall require reports be shared from Federal
agencies with the Agency in such time as to meet the overall
timeline for covered entity reporting of covered cyber
incidents and ransom payments established in section 2242 of
the Homeland Security Act of 2002, as added by section 103 of
this division.
(b) Harmonizing Reporting Requirements.--The Secretary of Homeland
Security, acting through the Director, shall, in consultation with the
Cyber Incident Reporting Council described in section 2246 of the
Homeland Security Act of 2002, as added by section 103 of this
division, to the maximum extent practicable--
(1) periodically review existing regulatory requirements,
including the information required in such reports, to report
incidents and ensure that any such reporting requirements and
procedures avoid conflicting, duplicative, or burdensome
requirements; and
(2) coordinate with appropriate Federal partners and regulatory
authorities that receive reports relating to incidents to identify
opportunities to streamline reporting processes, and where
feasible, facilitate interagency agreements between such
authorities to permit the sharing of such reports, consistent with
applicable law and policy, without impacting the ability of the
Agency to gain timely situational awareness of a covered cyber
incident or ransom payment.
SEC. 105. RANSOMWARE VULNERABILITY WARNING PILOT PROGRAM.
(a) Program.--Not later than 1 year after the date of enactment of
this Act, the Director shall establish a ransomware vulnerability
warning pilot program to leverage existing authorities and technology
to specifically develop processes and procedures for, and to dedicate
resources to, identifying information systems that contain security
vulnerabilities associated with common ransomware attacks, and to
notify the owners of those vulnerable systems of their security
vulnerability.
(b) Identification of Vulnerable Systems.--The pilot program
established under subsection (a) shall--
(1) identify the most common security vulnerabilities utilized
in ransomware attacks and mitigation techniques; and
(2) utilize existing authorities to identify information
systems that contain the security vulnerabilities identified in
paragraph (1).
(c) Entity Notification.--
(1) Identification.--If the Director is able to identify the
entity at risk that owns or operates a vulnerable information
system identified in subsection (b), the Director may notify the
owner of the information system.
(2) No identification.--If the Director is not able to identify
the entity at risk that owns or operates a vulnerable information
system identified in subsection (b), the Director may utilize the
subpoena authority pursuant to section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659) to identify and notify the
entity at risk pursuant to the procedures under that section.
(3) Required information.--A notification made under paragraph
(1) shall include information on the identified security
vulnerability and mitigation techniques.
(d) Prioritization of Notifications.--To the extent practicable,
the Director shall prioritize covered entities for identification and
notification activities under the pilot program established under this
section.
(e) Limitation on Procedures.--No procedure, notification, or other
authorities utilized in the execution of the pilot program established
under subsection (a) shall require an owner or operator of a vulnerable
information system to take any action as a result of a notice of a
security vulnerability made pursuant to subsection (c).
(f) Rule of Construction.--Nothing in this section shall be
construed to provide additional authorities to the Director to identify
vulnerabilities or vulnerable systems.
(g) Termination.--The pilot program established under subsection
(a) shall terminate on the date that is 4 years after the date of
enactment of this Act.
SEC. 106. RANSOMWARE THREAT MITIGATION ACTIVITIES.
(a) Joint Ransomware Task Force.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director, in consultation with the
National Cyber Director, the Attorney General, and the Director of
the Federal Bureau of Investigation, shall establish and chair the
Joint Ransomware Task Force to coordinate an ongoing nationwide
campaign against ransomware attacks, and identify and pursue
opportunities for international cooperation.
(2) Composition.--The Joint Ransomware Task Force shall consist
of participants from Federal agencies, as determined appropriate by
the National Cyber Director in consultation with the Secretary of
Homeland Security.
(3) Responsibilities.--The Joint Ransomware Task Force,
utilizing only existing authorities of each participating Federal
agency, shall coordinate across the Federal Government the
following activities:
(A) Prioritization of intelligence-driven operations to
disrupt specific ransomware actors.
(B) Consult with relevant private sector, State, local,
Tribal, and territorial governments and international
stakeholders to identify needs and establish mechanisms for
providing input into the Joint Ransomware Task Force.
(C) Identifying, in consultation with relevant entities, a
list of highest threat ransomware entities updated on an
ongoing basis, in order to facilitate--
(i) prioritization for Federal action by appropriate
Federal agencies; and
(ii) identify metrics for success of said actions.
(D) Disrupting ransomware criminal actors, associated
infrastructure, and their finances.
(E) Facilitating coordination and collaboration between
Federal entities and relevant entities, including the private
sector, to improve Federal actions against ransomware threats.
(F) Collection, sharing, and analysis of ransomware trends
to inform Federal actions.
(G) Creation of after-action reports and other lessons
learned from Federal actions that identify successes and
failures to improve subsequent actions.
(H) Any other activities determined appropriate by the
Joint Ransomware Task Force to mitigate the threat of
ransomware attacks.
(b) Rule of Construction.--Nothing in this section shall be
construed to provide any additional authority to any Federal agency.
SEC. 107. CONGRESSIONAL REPORTING.
(a) Report on Stakeholder Engagement.--Not later than 30 days after
the date on which the Director issues the final rule under section
2242(b) of the Homeland Security Act of 2002, as added by section 103
of this division, the Director shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
that describes how the Director engaged stakeholders in the development
of the final rule.
(b) Report on Opportunities to Strengthen Security Research.--Not
later than 1 year after the date of enactment of this Act, the Director
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a report describing how the National
Cybersecurity and Communications Integration Center established under
section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) has
carried out activities under section 2241(a)(9) of the Homeland
Security Act of 2002, as added by section 103 of this division, by
proactively identifying opportunities to use cyber incident data to
inform and enable cybersecurity research within the academic and
private sector.
(c) Report on Ransomware Vulnerability Warning Pilot Program.--Not
later than 1 year after the date of enactment of this Act, and annually
thereafter for the duration of the pilot program established under
section 105, the Director shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report, which may
include a classified annex, on the effectiveness of the pilot program,
which shall include a discussion of the following:
(1) The effectiveness of the notifications under section 105(c)
in mitigating security vulnerabilities and the threat of
ransomware.
(2) Identification of the most common vulnerabilities utilized
in ransomware.
(3) The number of notifications issued during the preceding
year.
(4) To the extent practicable, the number of vulnerable devices
or systems mitigated under the pilot program by the Agency during
the preceding year.
(d) Report on Harmonization of Reporting Regulations.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of Homeland Security convenes the Cyber
Incident Reporting Council described in section 2246 of the
Homeland Security Act of 2002, as added by section 103 of this
division, the Secretary of Homeland Security shall submit to the
appropriate congressional committees a report that includes--
(A) a list of duplicative Federal cyber incident reporting
requirements on covered entities;
(B) a description of any challenges in harmonizing the
duplicative reporting requirements;
(C) any actions the Director intends to take to facilitate
harmonizing the duplicative reporting requirements; and
(D) any proposed legislative changes necessary to address
the duplicative reporting.
(2) Rule of construction.--Nothing in paragraph (1) shall be
construed to provide any additional regulatory authority to any
Federal agency.
(e) GAO Reports.--
(1) Implementation of this division.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives a report on
the implementation of this division and the amendments made by this
division.
(2) Exemptions to reporting.--Not later than 1 year after the
date on which the Director issues the final rule required under
section 2242(b) of the Homeland Security Act of 2002, as added by
section 103 of this division, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report on the exemptions
to reporting under paragraphs (2) and (5) of section 2242(a) of the
Homeland Security Act of 2002, as added by section 103 of this
division, which shall include--
(A) to the extent practicable, an evaluation of the
quantity of cyber incidents not reported to the Federal
Government;
(B) an evaluation of the impact on impacted entities,
homeland security, and the national economy due to cyber
incidents, ransomware attacks, and ransom payments, including a
discussion on the scope of impact of cyber incidents that were
not reported to the Federal Government;
(C) an evaluation of the burden, financial and otherwise,
on entities required to report cyber incidents under this
division, including an analysis of entities that meet the
definition of a small business concern under section 3 of the
Small Business Act (15 U.S.C. 632); and
(D) a description of the consequences and effects of
limiting covered cyber incident and ransom payment reporting to
only covered entities.
(f) Report on Effectiveness of Enforcement Mechanisms.--Not later
than 1 year after the date on which the Director issues the final rule
required under section 2242(b) of the Homeland Security Act of 2002, as
added by section 103 of this division, the Director shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a report on the effectiveness of the enforcement mechanisms within
section 2244 of the Homeland Security Act of 2002, as added by section
103 of this division.
DIVISION Z--ISRAEL RELATIONS NORMALIZATION ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``Israel Relations Normalization
Act of 2022''.
SEC. 102. FINDINGS.
Congress makes the following findings:
(1) Support for peace between Israel and its neighbors has
longstanding bipartisan support in Congress.
(2) For decades, Congress has promoted Israel's acceptance
among Arab and other relevant countries and regions by passing
numerous laws opposing efforts to boycott, isolate, and stigmatize
America's ally, Israel.
(3) The recent peace and normalization agreements between
Israel and several Arab states--the United Arab Emirates, Bahrain,
Sudan, and Morocco--have the potential to fundamentally transform
the security, diplomatic, and economic environment in the Middle
East and North Africa and advance vital United States national
security interests.
(4) These historic agreements could help advance peace between
and among Israel, the Arab states, and other relevant countries and
regions, further diplomatic openings, and enhance efforts towards a
negotiated solution to the Israeli-Palestinian conflict resulting
in two states--a democratic Jewish state of Israel and a viable,
democratic Palestinian state--living side by side in peace,
security, and mutual recognition.
(5) These agreements build upon the decades-long leadership of
the United States Government in helping Israel broker peace
treaties with Egypt and Jordan and promoting peace talks between
Israel and Syria, Lebanon, and the Palestinians.
(6) These agreements also build on decades of private
diplomatic and security engagement between Israel and countries in
the region.
(7) These normalization and peace agreements could begin to
transform the region by spurring economic growth, investment, and
tourism, enhancing technological innovation, promoting security
cooperation, bolstering water security and sustainable development,
advancing understanding, and forging closer people-to-people
relations.
SEC. 103. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this division, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 104. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to expand and strengthen the Abraham Accords to encourage
other nations to normalize relations with Israel and ensure that
existing agreements reap tangible security and economic benefits
for the citizens of those countries;
(2) to develop and implement a regional strategy to encourage
economic cooperation between and among Israel, Arab states, and the
Palestinians to enhance the prospects for peace, respect for human
rights, transparent governance, and for cooperation to address
water scarcity, climate solutions, health care, sustainable
development, and other areas that result in benefits for residents
of those countries and regions;
(3) to develop and implement a regional security strategy that
recognizes the shared threat posed by Iran and violent extremist
organizations, ensures sufficient United States deterrence in the
region, builds partner capacity to address shared threats, and
explores multilateral security arrangements built around like-
minded partners;
(4) to support and encourage government-to-government and
grassroots initiatives aimed at normalizing ties with the state of
Israel and promoting people-to-people contact between Israelis,
Arabs, and residents of other relevant countries and regions,
including by expanding and enhancing the Abraham Accords;
(5) to support a negotiated solution to the Israeli-Palestinian
conflict resulting in two states living side by side in peace,
security, and mutual recognition;
(6) to implement the Nita M. Lowey Middle East Partnership for
Peace Act (title VIII of division K of Public Law 116-260), which
will support economic development and peacebuilding efforts among
Israelis and Palestinians, in a manner which encourages regional
allies to become international donors to these efforts;
(7) to oppose efforts to delegitimize the state of Israel and
legal barriers to normalization with Israel; and
(8) to work to combat anti-Semitism and support normalization
with Israel, including by countering anti-Semitic narratives on
social media and state media and pressing for curricula reform in
education.
SEC. 105. UNITED STATES STRATEGY TO STRENGTHEN AND EXPAND THE
ABRAHAM ACCORDS AND OTHER RELATED NORMALIZATION AGREEMENTS WITH
ISRAEL.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
in consultation with the Administrator of the United States Agency for
International Development and the heads of other appropriate Federal
departments and agencies, shall develop and submit to the appropriate
congressional committees a strategy on expanding and strengthening the
Abraham Accords.
(b) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) An assessment of future staffing and resourcing
requirements of entities within the Department of State, the United
States Agency for International Development, and other appropriate
Federal departments and agencies with responsibility to coordinate
United States efforts to expand and strengthen the Abraham Accords.
(2) An assessment of opportunities to further promote bilateral
and multilateral cooperation between Israel, Arab states, and other
relevant countries and in the economic, social, cultural,
scientific, technical, educational, and health fields and an
assessment of roadblocks to increased cooperation.
(3) An assessment of bilateral and multilateral security
cooperation between Israel, the United States, Arab states, and
other relevant countries and regions that have normalized relations
with Israel, including an assessment of potential roadblocks to
increased security cooperation, interoperability, and information
sharing.
(4) An assessment of the likelihood of additional Arab and
other relevant countries and regions to normalize relations with
Israel.
(5) An assessment of opportunities created by normalization
agreements with Israel to advance prospects for peace between
Israelis and Palestinians
(6) A detailed description of how the United States Government
will leverage diplomatic lines of effort and resources from other
stakeholders (including from foreign governments, international
donors, and multilateral institutions) to encourage normalization,
economic development, and people-to-people programming.
(7) Identification of existing investment funds that support
Israel-Arab state cooperation and recommendations for how such
funds could be used to support normalization and increase
prosperity for all relevant stakeholders.
(8) A proposal for how the United States Government and others
can utilize the scholars and Arabic language resources of the
United States Holocaust Museum to counter Holocaust denial and
anti-Semitism.
(9) An assessment for creating an Abrahamic Center for
Pluralism to prepare educational materials, convene international
seminars, promote tolerance and pluralism, and bring together
scholars as a means of advancing religious tolerance and countering
political and religious extremism.
(10) Recommendations to improve Department of State cooperation
and coordination, particularly between the Special Envoy to Monitor
Anti-Semitism and the Ambassador at Large for International
Religious Freedom, and the Office of International Religious
Freedom, to combat racism, xenophobia, Islamophobia, and anti-
Semitism, which hinder improvement of relations between Israel,
Arab states, and other relevant countries and regions.
(11) An assessment on the value and feasibility of Federal
support for inter-parliamentary exchange programs for Members of
Congress, Knesset, and parliamentarians from Arab and other
relevant countries and regions, including through existing Federal
programs that support such exchanges.
(c) Form.--The report required under subsection (a) shall be in
unclassified form but may contain a classified annex.
SEC. 106. BREAKING DOWN BARRIERS TO NORMALIZATION WITH ISRAEL.
(a) Short Title.--This section may be cited as the ``Strengthening
Reporting of Actions Taken Against the Normalization of Relations with
Israel Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) The Arab League, an organization comprising 22 Middle
Eastern and African countries and entities, has maintained an
official boycott of Israeli companies and Israeli-made goods since
the founding of Israel in 1948.
(2) Longstanding United States policy has encouraged Arab
League states to normalize their relations with Israel and has long
prioritized funding cooperative programs that promote normalization
between Arab League States and Israel, including the Middle East
Regional Cooperation program, which promotes Arab-Israeli
scientific cooperation.
(3) While some Arab League governments are signaling enhanced
cooperation with the state of Israel on the government-to-
government level, most continue to persecute their own citizens who
establish people-to-people relations with Israelis in
nongovernmental fora, through a combination of judicial and
extrajudicial retribution.
(4) Some Arab League states maintain draconian anti-
normalization laws that punish their citizens for people-to-people
relations with Israelis, with punishments, including imprisonment,
revocation of citizenship, and execution. Extrajudicial punishments
by these and other Arab states include summary imprisonment,
accusations of ``treason'' in government-controlled media, and
professional blacklisting.
(5) Anti-normalization laws, together with the other forms of
retribution, effectively condemn these societies to mutual
estrangement and, by extension, reduce the possibility of
conciliation and compromise.
(6) Former Israeli President Shimon Peres said in 2008 at the
United Nations that Israel agrees with the Arab Peace Initiative
that a military solution to the conflict ``will not achieve peace
or provide security for the parties''.
(7) Despite the risk of retaliatory action, a rising tide of
Arab civic actors advocate direct engagement with Israeli citizens
and residents. These include the Arab Council for Regional
Integration, a group of 32 public figures from 15 Arab countries
who oppose the boycott of Israel on the grounds that the boycott
has denied Arabs the benefits of partnership with Israelis, has
blocked Arabs from helping to bridge the Israeli-Palestinian
divide, and inspired divisive intra-Arab boycotts among diverse
sects and ethnic groups.
(8) On February 11, 2020, a delegation of the Arab Council to
the French National Assembly in Paris testified to the harmful
effects of ``anti-normalization laws'', called on the Assembly to
enact a law instructing the relevant French authorities to issue an
annual report on instances of Arab government retribution for any
of their citizens or residents who call for peace with Israel or
engage in direct civil relations with Israeli citizens, and
requested democratic legislatures to help defend the region's civil
peacemakers.
(9) On May 11, 2020, 85 leaders in France published an
endorsement of the Arab Council's proposal, calling on France and
other democratic governments to ``protect Arabs who engage in
dialogue with Israeli citizens'' and proposing ``the creation of a
study group in the National Assembly as well as in the Senate whose
mission would be to ensure a legal and technical monitoring of the
obstacles which Arab proponents of dialogue with Israelis face''.
(10) Arab-Israeli cooperation provides significant symbiotic
benefit to the security and economic prosperity of the region.
(c) Additional Reporting.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State shall submit to the appropriate congressional
committees a report on the status of efforts to promote
normalization of relations with Israel and other countries .
(2) Elements.--The report required under paragraph (1) shall
include the following information:
(A) The status of ``anti-normalization laws'' in countries
comprising the Arab League, including efforts within each
country to sharpen existing laws, enact new or additional
``anti-normalization legislation'', or repeal such laws.
(B) Instances of the use of state-owned or state-operated
media outlets to promote anti-Semitic propaganda, the
prosecution of citizens or residents of Arab countries for
calling for peace with Israel, visiting the state of Israel, or
engaging Israeli citizens in any way.
(C) Instances of extrajudicial retribution by Arab
governments or government-controlled institutions against
citizens or residents of Arab countries for any of the same
actions referred to in subparagraph (B).
SEC. 107. SUNSET.
This division shall cease to be effective on the date that is 5
years after the date of the enactment of this Act.
DIVISION AA--TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM
SEC. 101. SHORT TITLE.
This division may be cited as the Trans-Sahara Counterterrorism
Partnership Program Act of 2022.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) terrorist and violent extremist organizations, such as Al
Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State of West
Africa, and other affiliated groups, have killed tens of thousands
of innocent civilians, displaced populations, destabilized local
and national governments, and caused mass human suffering in the
affected communities;
(2) poor governance, political and economic marginalization,
and lack of accountability for human rights abuses by security
forces are drivers of extremism;
(3) it is in the national security interest of the United
States--
(A) to combat the spread of terrorism and violent
extremism; and
(B) to build the capacity of partner countries to combat
such threats in Africa;
(4) terrorist and violent extremist organizations exploit
vulnerable and marginalized communities suffering from poverty,
lack of economic opportunity (particularly among youth
populations), corruption, and weak governance; and
(5) a comprehensive, coordinated, interagency approach is
needed to develop an effective strategy--
(A) to address the security challenges in the Sahel-
Maghreb;
(B) to appropriately allocate resources and de-conflict
programs; and
(C) to maximize the effectiveness of United States defense,
diplomatic, and development capabilities.
SEC. 103. STATEMENT OF POLICY.
It is the policy of the United States to assist countries in North
Africa and West Africa, and other allies and partners that are active
in those regions, in combating terrorism and violent extremism through
a coordinated, interagency approach with a consistent strategy that
appropriately balances security activities with diplomatic and
development efforts to address the political, socioeconomic,
governance, and development challenges in North Africa and West Africa
that contribute to terrorism and violent extremism.
SEC. 104. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Appropriations of the House of
Representatives; and
(8) the Permanent Select Committee on Intelligence of the House
of Representatives.
(b) In General.--
(1) Establishment.--The President shall establish a partnership
program, which shall be known as the ``Trans-Sahara
Counterterrorism Partnership Program'' (referred to in this section
as the ``Program''), to coordinate the programs, projects, and
activities of the Program in countries in North Africa and West
Africa that are conducted--
(A) to improve governance and the capacities of countries
in North Africa and West Africa to deliver basic services,
particularly to at-risk communities, as a means of countering
terrorism and violent extremism by enhancing state legitimacy
and authority and countering corruption;
(B) to address the factors that make people and communities
vulnerable to recruitment by terrorist and violent extremist
organizations, including economic vulnerability and mistrust of
government and government security forces, through activities
such as--
(i) supporting strategies that increase youth
employment opportunities;
(ii) promoting girls' education and women's political
participation;
(iii) strengthening local governance and civil society
capacity;
(iv) improving government transparency and
accountability;
(v) fighting corruption;
(vi) improving access to economic opportunities; and
(vii) other development activities necessary to support
community resilience;
(C) to strengthen the rule of law in such countries,
including by enhancing the capability of the judicial
institutions to independently, transparently, and credibly
deter, investigate, and prosecute acts of terrorism and violent
extremism;
(D) to improve the ability of military and law enforcement
entities in partner countries--
(i) to detect, disrupt, respond to, and prosecute
violent extremist and terrorist activity, while respecting
human rights; and
(ii) to cooperate with the United States and other
partner countries on counterterrorism and counter-extremism
efforts;
(E) to enhance the border security capacity of partner
countries, including the ability to monitor, detain, and
interdict terrorists;
(F) to identify, monitor, disrupt, and counter the human
capital and financing pipelines of terrorism; or
(G) to support the free expression and operations of
independent, local-language media, particularly in rural areas,
while countering the media operations and recruitment
propaganda of terrorist and violent extremist organizations.
(2) Assistance framework.--Program activities shall--
(A) be carried out in countries in which the President--
(i) determines that there is an adequate level of
partner country commitment; and
(ii) has considered partner country needs, absorptive
capacity, sustainment capacity, and efforts of other donors
in the sector;
(B) have clearly defined outcomes;
(C) be closely coordinated among relevant participating
departments and agencies;
(D) have specific plans with robust indicators to regularly
monitor and evaluate outcomes and impact;
(E) complement and enhance efforts to promote democratic
governance, the rule of law, human rights, and economic growth;
(F) in the case of train and equip programs, complement
longer-term security sector institution-building; and
(G) have mechanisms in place to track resources and
routinely monitor and evaluate the efficacy of relevant
programs.
(3) Congressional notification.--Not later than 15 days before
obligating amounts for an activity conducted pursuant to the
Program under paragraph (1), the Secretary of State shall notify
the appropriate congressional committees, in accordance with
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1), of--
(A) the foreign country and entity, as applicable, whose
capabilities are to be enhanced in accordance with the purposes
described in paragraph (1);
(B) the amount, type, and purpose of support to be
provided;
(C) the absorptive capacity of the foreign country to
effectively implement the assistance to be provided;
(D) the extent to which state security forces of the
foreign country have been implicated in gross violations of
human rights and the risk that obligated funds may be used to
perpetrate further abuses;
(E) the anticipated implementation timeline for the
activity; and
(F) the plans to sustain any military or security equipment
provided beyond the completion date of such activity, if
applicable, and the estimated cost and source of funds to
support such sustainment.
(4) Exception.--The requirement under paragraph (1) does not
apply to activities conducted by the Department of Defense pursuant
to title 10, United States Code.
(c) International Coordination.--Efforts carried out under this
section--
(1) shall take into account partner country counterterrorism,
counter-extremism, and development strategies;
(2) shall be aligned with such strategies, to the extent
practicable; and
(3) shall be coordinated with counterterrorism and counter-
extremism activities and programs in the areas of defense,
diplomacy, and development carried out by other like-minded donors
and international organizations in the relevant country.
(d) Strategies.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the President and other relevant Federal
Government agencies, shall submit the strategies described in
paragraphs (2) and (3) to the appropriate congressional committees.
(2) Comprehensive, 5-year strategy for the sahel-maghreb.--The
President shall develop a comprehensive, 5-year strategy for the
Sahel-Maghreb, including details related to interagency efforts
conducted pursuant to the Program in the areas of security,
diplomacy, and development to advance the national security,
economic, and humanitarian interests of the United States,
including--
(A) efforts to ensure coordination with multilateral and
bilateral partners, such as the Joint Force of the Group of
Five of the Sahel, and with other relevant assistance
frameworks;
(B) a public diplomacy strategy and actions to ensure that
populations in the Sahel-Maghreb are aware of the development
activities of the United States Government, especially in
countries with a significant United States Government presence
or engagement through train and equip programs;
(C) activities aimed at supporting democratic institutions
and countering violent extremism with measurable goals and
transparent benchmarks;
(D) plans to help each partner country address humanitarian
and development needs and to help prevent, respond to, and
mitigate intercommunal violence;
(E) a comprehensive plan to support security sector reform
in each partner country that includes a detailed section on
programs and activities being undertaken by relevant
stakeholders and other international actors operating in the
sector; and
(F) a specific strategy for Mali that includes plans for
sustained, high-level diplomatic engagement with stakeholders,
including countries in Europe and the Middle East with
interests in the Sahel-Maghreb, regional governments, relevant
multilateral organizations, signatory groups of the Agreement
for Peace and Reconciliation in Mali, done in Algiers July 24,
2014, and civil society actors.
(3) Comprehensive 5-year strategy for program counterterrorism
efforts.--The President shall develop a comprehensive 5-year
strategy for the Program that includes--
(A) a clear statement of the objectives of United States
counterterrorism efforts in North Africa and West Africa with
respect to the use of assistance to combat terrorism and
counter violent extremism, including efforts--
(i) to build military and civilian law enforcement
capacity;
(ii) to strengthen the rule of law;
(iii) to promote responsive and accountable governance;
and
(iv) to address the root causes of terrorism and
violent extremism;
(B) a plan for coordinating programs through the Program
pursuant to subsection (b)(1), including identifying the agency
or bureau of the Department of State, as applicable, that will
be responsible for leading and coordinating each such program;
(C) a plan to monitor, evaluate, and share data and
learning about the Program in accordance with monitoring and
evaluation provisions under sections 3 and 4 of the Foreign Aid
Transparency and Accountability Act of 2016 (22 U.S.C. 2394c
note and 2394c); and
(D) a plan for ensuring coordination and compliance with
related requirements in United States law, including the Global
Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
(4) Consultation.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall consult with
the appropriate congressional committees regarding the progress
made towards developing the strategies required under paragraphs
(2) and (3).
(e) Supporting Material in Annual Budget Request.--
(1) In general.--The Secretary of State shall include a
description of the requirements, activities, and planned allocation
of amounts requested by the Program in the budget materials
submitted to Congress in support of the President's annual budget
request pursuant to section 1105 of title 31, United States Code,
for each fiscal year beginning after the date of the enactment of
this Act and annually thereafter for the following 5 years.
(2) Exception.--The requirement under paragraph (1) shall not
apply to activities of the Department of Defense conducted pursuant
to authorities under title 10, United States Code.
(f) Monitoring and Evaluation of Programs and Activities.--Not
later than 1 year after the date of the enactment of this Act, and
annually thereafter for the following 5 years, the President shall
submit a report to the appropriate congressional committees that
describes--
(1) the progress made in meeting the objectives of the
strategies required under paragraphs (2) and (3) of subsection (d),
including any lessons learned in carrying out Program activities
and any recommendations for improving such programs and activities;
(2) the efforts taken to coordinate, de-conflict, and
streamline Program activities to maximize resource effectiveness;
(3) the extent to which each partner country has demonstrated
the ability to absorb the equipment or training provided in the
previous year under the Program, and as applicable, the ability to
maintain and appropriately utilize such equipment;
(4) the extent to which each partner country is investing its
own resources to advance the goals described in subsection (b)(1)
or is demonstrating a commitment and willingness to cooperate with
the United States to advance such goals;
(5) the actions taken by the government of each partner country
receiving assistance under the Program to combat corruption,
improve transparency and accountability, and promote other forms of
democratic governance;
(6) the extent to which state security forces in each partner
country have been implicated in gross violations of human rights
during the reporting period, including how such gross violations of
human rights have been addressed and or will be addressed through
Program activities;
(7) the assistance provided in each of the 3 preceding fiscal
years under the Program, broken down by partner country, including
the type, statutory authorization, and purpose of assistance
provided to the country; and
(8) any changes or updates to the Comprehensive 5-Year Strategy
for the Program required under subsection (d)(3) necessitated by
the findings in this annual report.
(g) Reporting Requirement Related to Audit of Bureau of African
Affairs Monitoring and Coordination of the Trans-sahara
Counterterrorism Partnership Program.--Not later than 90 days after the
date of the enactment of this Act, and every 120 days thereafter until
the earlier of the date on which all 13 recommendations in the
September 2020 Department of State Office of Inspector General audit
entitled ``Audit of the Department of State Bureau of African Affairs
Monitoring and Coordination of the Trans-Sahara Counterterrorism
Partnership Program'' (AUD-MERO-20-42) are closed or the date that is 3
years after the date of the enactment of this Act, the Secretary of
State shall submit a report to the appropriate congressional committees
that identifies--
(1) which of the 13 recommendations in AUD-MERO-20-42 have not
been closed;
(2) a description of progress made since the last report toward
closing each recommendation identified under paragraph (1);
(3) additional resources needed, including assessment of
staffing capacity, if any, to complete action required to close
each recommendation identified under paragraph (1); and
(4) the anticipated timeline for completion of action required
to close each recommendation identified under paragraph (1),
including application of all recommendations into all existing
security assistance programs managed by the Department of State
under the Program.
(h) Program Administration.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of State shall submit a
report to Congress that describes plans for conducting a written review
of a representative sample of each of the security assistance programs
administered by the Bureau of African Affairs that--
(1) identifies potential waste, fraud, abuse, inefficiencies,
or deficiencies; and
(2) includes an analysis of staff capacity, including human
resource needs, available resources, procedural guidance, and
monitoring and evaluation processes to ensure that the Bureau of
African Affairs is managing programs efficiently and effectively.
(i) Form.--The strategies required under paragraphs (2) and (3) of
subsection (d) and the report required under subsection (f) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 105. RULE OF CONSTRUCTION.
Nothing in this division may be construed as authorizing the use of
military force.
DIVISION BB--EB-5 REFORM AND INTEGRITY ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``EB-5 Reform and Integrity Act
of 2022''.
SEC. 102. EB-5 VISA REFORMS.
(a) Employment Creation.--Section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``(C), and'' and inserting
``(C) and which is expected to remain invested for not less
than 2 years; and''; and
(B) in clause (ii)--
(i) by striking ``and create'' and inserting ``by
creating''; and
(ii) by inserting ``, United States nationals,'' after
``citizens'';
(2) by amending subparagraph (B) to read as follows:
``(B) Designations and reserved visas.--
``(i) Reserved visas.--
``(I) In general.--Of the visas made available
under this paragraph in each fiscal year--
``(aa) 20 percent shall be reserved for
qualified immigrants who invest in a rural area;
``(bb) 10 percent shall be reserved for
qualified immigrants who invest in an area
designated by the Secretary of Homeland Security
under clause (ii) as a high unemployment area; and
``(cc) 2 percent shall be reserved for
qualified immigrants who invest in infrastructure
projects.
``(II) Unused visas.--
``(aa) Carryover.--At the end of each fiscal
year, any unused visas reserved for qualified
immigrants investing in each of the categories
described in items (aa) through (cc) of subclause
(I) shall remain available within the same category
for the immediately succeeding fiscal year.
``(bb) General availability.--Visas described
in items (aa) through (cc) of subclause (I) that
are not issued by the end of the succeeding fiscal
year referred to in item (aa) shall be made
available to qualified immigrants described under
subparagraph (A).
``(ii) Designation of high unemployment area.--
``(I) In general.--The Secretary of Homeland
Security, or a designee of the Secretary who is an
employee of the Department of Homeland Security, may
designate, as a high unemployment area, a census tract,
or contiguous census tracts, in which--
``(aa) the new commercial enterprise is
principally doing business; and
``(bb) the weighted average of the unemployment
rate for the census tracts, based on the labor
force employment measure for each applicable census
tract and any adjacent tract included under
subclause (III), is not less than 150 percent of
the national average unemployment rate.
``(II) Prohibition on designation by any other
official.--A targeted employment area may not be
designated as a high unemployment area by--
``(aa) a Federal official other than the
Secretary of Homeland Security or a designee of the
Secretary; or
``(bb) any official of a State or local
government.
``(III) Inclusion.--In making a designation under
subclause (I), the Secretary of Homeland Security may
include a census tract directly adjacent to a census
tract or contiguous census tracts described in that
subclause.
``(IV) Duration.--
``(aa) In general.--A designation under this
clause shall be in effect for the 2-year period
beginning on--
``(AA) the date on which an application
under subparagraph (F) is filed; or
``(BB) in the case of an alien who is not
subject to subparagraph (F), at the time of
investment.
``(bb) Renewal.--A designation under this
clause may be renewed for 1 or more additional 2-
year periods if the applicable area continues to
meet the criteria described in subclause (I).
``(V) Additional investment not required.--An
immigrant investor who has invested the amount of
capital required by subparagraph (C) in a targeted
employment area designated as a high unemployment area
during the period in which the area is so designated
shall not be required to increase the amount of
investment due to the expiration of the designation.
``(iii) Infrastructure projects.--
``(I) In general.--The Secretary of Homeland
Security shall determine whether a specific capital
investment project meets the definition of
`infrastructure project' set forth in subparagraph
(D)(iv).
``(II) Prohibition on designation by any other
official.--A determination under subclause (I) may not
be made by--
``(aa) a Federal official other than the
Secretary of Homeland Security or a designee of the
Secretary; or
``(bb) any official of a State or local
government.'';
(3) in subparagraph (C)--
(A) in clause (i), by striking ``$1,000,000'' and all that
follows through ``previous sentence'' and inserting
``$1,050,000'';
(B) by amending clause (ii) to read as follows:
``(ii) Adjustment for targeted employment areas and
infrastructure projects.--The amount of capital required
under subparagraph (A) for an investment in a targeted
employment area or in an infrastructure project shall be
$800,000.'';
(C) by redesignating clause (iii) as clause (iv);
(D) by inserting after clause (ii) the following:
``(iii) Automatic adjustment in minimum investment
amount.--
``(I) In general.--Beginning on January 1, 2027,
and every 5 years thereafter, the amount in clause (i)
shall automatically adjust for petitions filed on or
after the effective date of each adjustment, based on
the cumulative annual percentage change in the
unadjusted consumer price index for all urban consumers
(all items; U.S. city average) reported by the Bureau
of Labor Statistics between January 1, 2022, and the
date of adjustment. The qualifying investment amounts
shall be rounded down to the nearest $50,000. The
Secretary of Homeland Security shall update such
amounts by publication of a technical amendment in the
Federal Register.
``(II) Beginning on January 1, 2027, and every 5
years thereafter, the amount in clause (ii) shall
automatically adjust for petitions filed on or after
the effective date of each adjustment, to be equal to
75 percent of the standard investment amount under
subclause (I).''; and
(E) in clause (iv), as redesignated, in the undesignated
matter following subclause (II)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(ii) by inserting ``, as adjusted under clause (iii)''
before the period at the end; and
(4) by amending subparagraph (D) to read as follows:
``(D) Definitions.--In this paragraph:
``(i) Affiliated job-creating entity.--The term
`affiliated job-creating entity' means any job-creating
entity that is controlled, managed, or owned by any of the
people involved with the regional center or new commercial
enterprise under section 203(b)(5)(H)(v).
``(ii) Capital.--The term `capital'--
``(I) means cash and all real, personal, or mixed
tangible assets owned and controlled by the alien
investor, or held in trust for the benefit of the alien
and to which the alien has unrestricted access;
``(II) shall be valued at fair market value in
United States dollars, in accordance with Generally
Accepted Accounting Principles or other standard
accounting practice adopted by the Securities and
Exchange Commission, at the time it is invested under
this paragraph;
``(III) does not include--
``(aa) assets directly or indirectly acquired
by unlawful means, including any cash proceeds of
indebtedness secured by such assets;
``(bb) capital invested in exchange for a note,
bond, convertible debt, obligation, or any other
debt arrangement between the alien investor and the
new commercial enterprise;
``(cc) capital invested with a guaranteed rate
of return on the amount invested by the alien
investor; or
``(dd) except as provided in subclause (IV),
capital invested that is subject to any agreement
between the alien investor and the new commercial
enterprise that provides the investor with a
contractual right to repayment, such as a mandatory
redemption at a certain time or upon the occurrence
of a certain event, or a put or sell-back option
held by the alien investor, even if such
contractual right is contingent on the success of
the new commercial enterprise, such as having
sufficient available cash flow; and
``(IV) includes capital invested that--
``(aa) is subject to a buy back option that may
be exercised solely at the discretion of the new
commercial enterprise; and
``(bb) results in the alien investor
withdrawing his or her petition unless the alien
investor has fulfilled his or her sustainment
period and other requirements under this paragraph.
``(iii) Certifier.--The term `certifier' means a person
in a position of substantive authority for the management
or operations of a regional center, new commercial
enterprise, affiliated job-creating entity, or issuer of
securities, such as a principal executive officer or
principal financial officer, with knowledge of such
entities' policies and procedures related to compliance
with the requirements under this paragraph.
``(iv) Infrastructure project.--The term
`infrastructure project' means a capital investment project
in a filed or approved business plan, which is administered
by a governmental entity (such as a Federal, State, or
local agency or authority) that is the job-creating entity
contracting with a regional center or new commercial
enterprise to receive capital investment under the regional
center program described in subparagraph (E) from alien
investors or the new commercial enterprise as financing for
maintaining, improving, or constructing a public works
project.
``(v) Job-creating entity.--The term `job-creating
entity' means any organization formed in the United States
for the ongoing conduct of lawful business, including sole
proprietorship, partnership (whether limited or general),
corporation, limited liability company, business trust, or
other entity, which may be publicly or privately owned,
including an entity consisting of a holding company and its
wholly owned subsidiaries or affiliates (provided that each
subsidiary or affiliate is engaged in an activity formed
for the ongoing conduct of a lawful business) that
receives, or is established to receive, capital investment
from alien investors or a new commercial enterprise under
the regional center program described in this subparagraph
and which is responsible for creating jobs to satisfy the
requirement under subparagraph (A)(ii).
``(vi) New commercial enterprise.--The term `new
commercial enterprise' means any for-profit organization
formed in the United States for the ongoing conduct of
lawful business, including sole proprietorship, partnership
(whether limited or general), holding company and its
wholly owned subsidiaries (provided that each subsidiary is
engaged in a for-profit activity formed for the ongoing
conduct of a lawful business), joint venture, corporation,
business trust, limited liability company, or other entity
(which may be publicly or privately owned) that receives,
or is established to receive, capital investment from
investors under this paragraph.
``(vii) Rural area.--The term `rural area' means any
area other than an area within a metropolitan statistical
area (as designated by the Director of the Office of
Management and Budget) or within the outer boundary of any
city or town having a population of 20,000 or more (based
on the most recent decennial census of the United States).
``(viii) Targeted employment area.--The term `targeted
employment area' means, at the time of investment, a rural
area or an area designated by the Secretary of Homeland
Security under subparagraph (B)(ii) as a high unemployment
area.''.
(b) Age Determination for Children of Alien Investors.--Section
203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is
amended by adding at the end the following:
``(5) Age determination for children of alien investors.--An
alien who has reached 21 years of age and has been admitted under
subsection (d) as a lawful permanent resident on a conditional
basis as the child of an alien lawfully admitted for permanent
residence under subsection (b)(5), whose lawful permanent resident
status on a conditional basis is terminated under section 216A or
subsection (b)(5)(M), shall continue to be considered a child of
the principal alien for the purpose of a subsequent immigrant
petition by such alien under subsection (b)(5) if the alien remains
unmarried and the subsequent petition is filed by the principal
alien not later than 1 year after the termination of conditional
lawful permanent resident status. No alien shall be considered a
child under this paragraph with respect to more than 1 petition
filed after the alien reaches 21 years of age.''.
(c) Enhanced Pay Scale for Certain Federal Employees Administering
the Employment Creation Program.--The Secretary of Homeland Security
may establish, fix the compensation of, and appoint individuals to
designated critical, technical, and professional positions needed to
administer sections 203(b)(5) and 216A of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).
(d) Concurrent Filing of EB-5 Petitions and Applications for
Adjustment of Status.--Section 245 of the Immigration and Nationality
Act (8 U.S.C. 1255) is amended--
(1) in subsection (k), in the matter preceding paragraph (1),
by striking ``or (3)'' and inserting ``(3), or (5)''; and
(2) by adding at the end the following:
``(n) If the approval of a petition for classification under
section 203(b)(5) would make a visa immediately available to the alien
beneficiary, the alien beneficiary's application for adjustment of
status under this section shall be considered to be properly filed
whether the application is submitted concurrently with, or subsequent
to, the visa petition.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 103. REAUTHORIZATION AND REFORM OF THE REGIONAL CENTER
PROGRAM.
(a) Repeal.--Section 610 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) is repealed.
(b) Authorization.--
(1) In general.--Section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)) is amended by adding at the
end the following:
``(E) Regional center program.--
``(i) In general.--Visas under this subparagraph shall
be made available through September 30, 2027, to qualified
immigrants (and the eligible spouses and children of such
immigrants) pooling their investments with 1 or more
qualified immigrants participating in a program
implementing this paragraph that involves a regional center
in the United States, which has been designated by the
Secretary of Homeland Security on the basis of a proposal
for the promotion of economic growth, including prospective
job creation and increased domestic capital investment.
``(ii) Processing.--In processing petitions under
section 204(a)(1)(H) for classification under this
paragraph, the Secretary of Homeland Security--
``(I) shall prioritize the processing and
adjudication of petitions for rural areas;
``(II) may process petitions in a manner and order
established by the Secretary; and
``(III) shall deem such petitions to include
records previously filed with the Secretary pursuant to
subparagraph (F) if the alien petitioner certifies that
such records are incorporated by reference into the
alien's petition.
``(iii) Establishment of a regional center.--A regional
center shall operate within a defined, contiguous, and
limited geographic area, which shall be described in the
proposal and be consistent with the purpose of
concentrating pooled investment within such area. The
proposal to establish a regional center shall demonstrate
that the pooled investment will have a substantive economic
impact on such geographic area, and shall include--
``(I) reasonable predictions, supported by
economically and statistically valid and transparent
forecasting tools, concerning the amount of investment
that will be pooled, the kinds of commercial
enterprises that will receive such investments, details
of the jobs that will be created directly or indirectly
as a result of such investments, and other positive
economic effects such investments will have;
``(II) a description of the policies and procedures
in place reasonably designed to monitor new commercial
enterprises and any associated job-creating entity to
seek to ensure compliance with--
``(aa) all applicable laws, regulations, and
Executive orders of the United States, including
immigration laws, criminal laws, and securities
laws; and
``(bb) all securities laws of each State in
which securities offerings will be conducted,
investment advice will be rendered, or the offerors
or offerees reside;
``(III) attestations and information confirming
that all persons involved with the regional center meet
the requirements under clauses (i) and (ii) of
subparagraph (H);
``(IV) a description of the policies and procedures
in place that are reasonably designed to ensure program
compliance; and
``(V) the identities of all natural persons
involved in the regional center, as described in
subparagraph (H)(v).
``(iv) Indirect job creation.--
``(I) In general.--The Secretary of Homeland
Security shall permit aliens seeking admission under
this subparagraph to satisfy only up to 90 percent of
the requirement under subparagraph (A)(ii) with jobs
that are estimated to be created indirectly through
investment under this paragraph in accordance with this
subparagraph. An employee of the new commercial
enterprise or job-creating entity may be considered to
hold a job that has been directly created.
``(II) Construction activity lasting less than 2
years.--If the jobs estimated to be created are created
by construction activity lasting less than 2 years, the
Secretary shall permit aliens seeking admission under
this subparagraph to satisfy only up to 75 percent of
the requirement under subparagraph (A)(ii) with jobs
that are estimated to be created indirectly through
investment under this paragraph in accordance with this
subparagraph.
``(v) Compliance.--
``(I) In general.--In determining compliance with
subparagraph (A)(ii), the Secretary of Homeland
Security shall permit aliens seeking admission under
this subparagraph to rely on economically and
statistically valid methodologies for determining the
number of jobs created by the program, including--
``(aa) jobs estimated to have been created
directly, which may be verified using such
methodologies; and
``(bb) consistent with this subparagraph, jobs
estimated to have been directly or indirectly
created through capital expenditures, revenues
generated from increased exports, improved regional
productivity, job creation, and increased domestic
capital investment resulting from the program.
``(II) Job and investment requirements.--
``(aa) Relocated jobs.--In determining
compliance with the job creation requirement under
subparagraph (A)(ii), the Secretary of Homeland
Security may include jobs estimated to be created
under a methodology that attributes jobs to
prospective tenants occupying commercial real
estate created or improved by capital investments
if the number of such jobs estimated to be created
has been determined by an economically and
statistically valid methodology and such jobs are
not existing jobs that have been relocated.
``(bb) Publicly available bonds.--The Secretary
of Homeland Security shall prescribe regulations to
ensure that alien investor capital may not be
utilized, by a new commercial enterprise or
otherwise, to purchase municipal bonds or any other
bonds, if such bonds are available to the general
public, either as part of a primary offering or
from a secondary market.
``(cc) Construction activity jobs.--If the
number of direct jobs estimated to be created has
been determined by an economically and
statistically valid methodology, and such direct
jobs are created by construction activity lasting
less than 2 years, the number of such jobs that may
be considered direct jobs for purposes of clause
(iv) shall be calculated by multiplying the total
number of such jobs estimated to be created by the
fraction of the 2-year period that the construction
activity lasts.
``(vi) Amendments.--The Secretary of Homeland Security
shall--
``(I) require a regional center--
``(aa) to notify the Secretary, not later than
120 days before the implementation of significant
proposed changes to its organizational structure,
ownership, or administration, including the sale of
such center, or other arrangements which would
result in individuals not previously subject to the
requirements under subparagraph (H) becoming
involved with the regional center; or
``(bb) if exigent circumstances are present, to
provide the notice described in item (aa) to the
Secretary not later than 5 business days after a
change described in such item; and
``(II) adjudicate business plans under subparagraph
(F) and petitions under section 204(a)(1)(H) during any
notice period as long as the amendment to the business
or petition does not negatively impact program
eligibility.
``(vii) Record keeping and audits.--
``(I) Record keeping.--Each regional center shall
make and preserve, during the 5-year period beginning
on the last day of the Federal fiscal year in which any
transactions occurred, books, ledgers, records, and
other documentation from the regional center, new
commercial enterprise, or job-creating entity used to
support--
``(aa) any claims, evidence, or certifications
contained in the regional center's annual
statements under subparagraph (G); and
``(bb) associated petitions by aliens seeking
classification under this section or removal of
conditions under section 216A.
``(II) Audits.--The Secretary shall audit each
regional center not less frequently than once every 5
years. Each such audit shall include a review of any
documentation required to be maintained under subclause
(I) for the preceding 5 years and a review of the flow
of alien investor capital into any capital investment
project. To the extent multiple regional centers are
located at a single site, the Secretary may audit
multiple regional centers in a single site visit.
``(III) Termination.--The Secretary shall terminate
the designation of a regional center that fails to
consent to an audit under subclause (II) or
deliberately attempts to impede such an audit.
``(F) Business plans for regional center investments.--
``(i) Application for approval of an investment in a
commercial enterprise.--A regional center shall file an
application with the Secretary of Homeland Security for
each particular investment offering through an associated
new commercial enterprise before any alien files a petition
for classification under this paragraph by reason of
investment in that offering. The application shall
include--
``(I) a comprehensive business plan for a specific
capital investment project;
``(II) a credible economic analysis regarding
estimated job creation that is based upon economically
and statistically valid and transparent methodologies;
``(III) any documents filed with the Securities and
Exchange Commission under the Securities Act of 1933
(15 U.S.C. 77a et seq.) or with the securities
regulator of any State, as required by law;
``(IV) any investment and offering documents,
including subscription, investment, partnership, and
operating agreements, private placement memoranda, term
sheets, biographies of management, officers, directors,
and any person with similar responsibilities, the
description of the business plan to be provided to
potential alien investors, and marketing materials
used, or drafts prepared for use, in connection with
the offering, which shall contain references, as
appropriate, to--
``(aa) all material investment risks associated
with the new commercial enterprise and the job-
creating entity;
``(bb) any conflicts of interest that currently
exist or may arise among the regional center, the
new commercial enterprise, the job-creating entity,
or the principals, attorneys, or individuals
responsible for recruitment or promotion of such
entities;
``(cc) any pending material litigation or
bankruptcy, or material adverse judgments or
bankruptcy orders issued during the most recent 10-
year period, in the United States or in another
country, affecting the regional center, the new
commercial enterprise, any associated job-creating
entity, or any other enterprise in which any
principal of any of the aforementioned entities
held majority ownership at the time; and
``(dd)(AA) any fees, ongoing interest, or other
compensation paid, or to be paid by the regional
center, the new commercial enterprise, or any
issuer of securities intended to be offered to
alien investors, to agents, finders, or broker
dealers involved in the offering of securities to
alien investors in connection with the investment;
``(BB) a description of the services performed,
or that will be performed, by such person to
entitle the person to such fees, interest, or
compensation; and
``(CC) the name and contact information of any
such person, if known at the time of filing;
``(V) a description of the policies and procedures,
such as those related to internal and external due
diligence, reasonably designed to cause the regional
center and any issuer of securities intended to be
offered to alien investors in connection with the
relevant capital investment project, to comply, as
applicable, with the securities laws of the United
States and the laws of the applicable States in
connection with the offer, purchase, or sale of its
securities; and
``(VI) a certification from the regional center,
and any issuer of securities intended to be offered to
alien investors in connection with the relevant capital
investment project, that their respective agents and
employees, and any parties associated with the regional
center and such issuer of securities affiliated with
the regional center are in compliance with the
securities laws of the United States and the laws of
the applicable States in connection with the offer,
purchase, or sale of its securities, to the best of the
certifier's knowledge, after a due diligence
investigation.
``(ii) Effect of approval of a business plan for an
investment in a regional center's commercial enterprise.--
The approval of an application under this subparagraph,
including an approval before the date of the enactment of
this subparagraph, shall be binding for purposes of the
adjudication of subsequent petitions seeking classification
under this paragraph by immigrants investing in the same
offering described in such application, and of petitions by
the same immigrants filed under section 216A unless--
``(I) the applicant engaged in fraud,
misrepresentation, or criminal misuse;
``(II) such approval would threaten public safety
or national security;
``(III) there has been a material change that
affects eligibility;
``(IV) the discovery of other evidence affecting
program eligibility was not disclosed by the applicant
during the adjudication process; or
``(V) the previous adjudication involved a material
mistake of law or fact.
``(iii) Amendments.--
``(I) Approval.--The Secretary of Homeland Security
may establish procedures by which a regional center may
seek approval of an amendment to an approved
application under this subparagraph that reflects
changes specified by the Secretary to any information,
documents, or other aspects of the investment offering
described in such approved application not later than
30 days after any such changes.
``(II) Incorporation.--Upon the approval of a
timely filed amendment to an approved application, any
changes reflected in such amendment may be incorporated
into and considered in determining program eligibility
through adjudication of--
``(aa) pending petitions from immigrants
investing in the offering described in the approved
application who are seeking classification under
this paragraph; and
``(bb) petitions by immigrants described in
item (aa) that are filed under section 216A.
``(iv) Site visits.--The Secretary of Homeland Security
shall--
``(I) perform site visits to regional centers not
earlier than 24 hours after providing notice of such
site visit; and
``(II) perform at least 1 site visit to, as
applicable, each new commercial enterprise or job-
creating entity, or the business locations where any
jobs that are claimed as being created.
``(v) Parameters for capital redeployment.--
``(I) In general.--The Secretary of Homeland
Security shall prescribe regulations, in accordance
with subchapter II of chapter 5 and chapter 7 of title
5, United States Code (commonly known as the
`Administrative Procedure Act'), that allow a new
commercial enterprise to redeploy investment funds
anywhere within the United States or its territories
for the purpose of maintaining the investors' capital
at risk if--
``(aa) the new commercial enterprise has
executed the business plan for a capital investment
project in good faith without a material change;
``(bb) the new commercial enterprise has
created a sufficient number of new full time
positions to satisfy the job creation requirements
of the program for all investors in the new
commercial enterprise, either directly or
indirectly, as evidenced by the methodologies set
forth in this Act;
``(cc) the job creating entity has repaid the
capital initially deployed in conformity with the
initial investment contemplated by the business
plan; and
``(dd) the capital, after repayment by the job
creating entity, remains at risk and it is not
redeployed in passive investments, such as stocks
or bonds.
``(II) Termination.--The Secretary of Homeland
Security shall terminate the designation of a regional
center if the Secretary determines that a new
commercial enterprise has violated any of the
requirements under subclause (I) in the redeployment of
funds invested in such regional center.
``(G) Regional center annual statements.--
``(i) In general.--Each regional center designated
under subparagraph (E) shall submit an annual statement, in
a manner prescribed by the Secretary of Homeland Security.
Each such statement shall include--
``(I) a certification stating that, to the best of
the certifier's knowledge, after a due diligence
investigation, the regional center is in compliance
with clauses (i) and (ii) of subparagraph (H);
``(II) a certification described in subparagraph
(I)(ii)(II);
``(III) a certification stating that, to the best
of the certifier's knowledge, after a due diligence
investigation, the regional center is in compliance
with subparagraph (K)(iii);
``(IV) a description of any pending material
litigation or bankruptcy proceedings, or material
litigation or bankruptcy proceedings resolved during
the preceding fiscal year, involving the regional
center, the new commercial enterprise, or any
affiliated job-creating entity;
``(V) an accounting of all individual alien
investor capital invested in the regional center, new
commercial enterprise, and job-creating entity;
``(VI) for each new commercial enterprise
associated with the regional center--
``(aa) an accounting of the aggregate capital
invested in the new commercial enterprise and any
job-creating entity by alien investors under this
paragraph for each capital investment project being
undertaken by the new commercial enterprise;
``(bb) a description of how the capital
described in item (aa) is being used to execute
each capital investment project in the filed
business plan or plans;
``(cc) evidence that 100 percent of the capital
described in item (aa) has been committed to each
capital investment project;
``(dd) detailed evidence of the progress made
toward the completion of each capital investment
project;
``(ee) an accounting of the aggregate direct
jobs created or preserved;
``(ff) to the best of the regional center's
knowledge, for all fees, including administrative
fees, loan monitoring fees, loan management fees,
commissions and similar transaction-based
compensation, collected from alien investors by the
regional center, the new commercial enterprise, any
affiliated job-creating entity, any affiliated
issuer of securities intended to be offered to
alien investors, or any promoter, finder, broker-
dealer, or other entity engaged by any of the
aforementioned entities to locate individual
investors--
``(AA) a description of all fees collected;
``(BB) an accounting of the entities that
received such fees; and
``(CC) the purpose for which such fees were
collected;
``(gg) any documentation referred to in
subparagraph (F)(i)(IV) if there has been a
material change during the preceding fiscal year;
and
``(hh) a certification by the regional center
that the information provided under items (aa)
through (gg) is accurate, to the best of the
certifier's knowledge, after a due diligence
investigation; and
``(VII) a description of the regional center's
policies and procedures that are designed to enable the
regional center to comply with applicable Federal labor
laws.
``(ii) Amendment of annual statements.--The Secretary
of Homeland Security--
``(I) shall require the regional center to amend or
supplement an annual statement required under clause
(i) if the Secretary determines that such statement is
deficient; and
``(II) may require the regional center to amend or
supplement such annual statement if the Director
determines that such an amendment or supplement is
appropriate.
``(iii) Sanctions.--
``(I) Effect of violation.--The Director shall
sanction any regional center entity in accordance with
subclause (II) if the regional center fails to submit
an annual statement or if the Director determines that
the regional center--
``(aa) knowingly submitted or caused to be
submitted a statement, certification, or any
information submitted pursuant to this subparagraph
that contained an untrue statement of material
fact; or
``(bb) is conducting itself in a manner
inconsistent with its designation under
subparagraph (E), including any willful,
undisclosed, and material deviation by new
commercial enterprises from any filed business plan
for such new commercial enterprises.
``(II) Authorized sanctions.--The Director shall
establish a graduated set of sanctions based on the
severity of the violations referred to in subclause
(I), including--
``(aa) fines equal to not more than 10 percent
of the total capital invested by alien investors in
the regional center's new commercial enterprises or
job-creating entities directly involved in such
violations, the payment of which shall not in any
circumstance utilize any of such alien investors'
capital investments, and which shall be deposited
into the EB-5 Integrity Fund established under
subparagraph (J);
``(bb) temporary suspension from participation
in the program described in subparagraph (E), which
may be lifted by the Director if the individual or
entity cures the alleged violation after being
provided such an opportunity by the Director;
``(cc) permanent bar from participation in the
program described in subparagraph (E) for 1 or more
individuals or business entities associated with
the regional center, new commercial enterprise, or
job-creating entity; and
``(dd) termination of regional center
designation.
``(iv) Availability of annual statements to
investors.--Not later than 30 days after a request from an
alien investor, a regional center shall make available to
such alien investor a copy of the filed annual statement
and any amendments filed to such statement, which shall be
redacted to exclude any information unrelated to such alien
investor or the new commercial enterprise or job creating
entity into which the alien investor invested.
``(H) Bona fides of persons involved with regional center
program.--
``(i) In general.--The Secretary of Homeland Security
may not permit any person to be involved with any regional
center, new commercial enterprise, or job-creating entity
if--
``(I) the person has been found to have committed--
``(aa) a criminal or civil offense involving
fraud or deceit within the previous 10 years;
``(bb) a civil offense involving fraud or
deceit that resulted in a liability in excess of
$1,000,000; or
``(cc) a crime for which the person was
convicted and sentenced to a term of imprisonment
of more than 1 year;
``(II) the person is subject to a final order, for
the duration of any penalty imposed by such order, of a
State securities commission (or an agency or officer of
a State performing similar functions), a State
authority that supervises or examines banks, savings
associations, or credit unions, a State insurance
commission (or an agency or officer of a State
performing similar functions), an appropriate Federal
banking agency, the Commodity Futures Trading
Commission, the Securities and Exchange Commission, a
financial self-regulatory organization recognized by
the Securities and Exchange Commission, or the National
Credit Union Administration, which is based on a
violation of any law or regulation that--
``(aa) prohibits fraudulent, manipulative, or
deceptive conduct; or
``(bb) bars the person from--
``(AA) association with an entity regulated
by such commission, authority, agency, or
officer;
``(BB) appearing before such commission,
authority, agency, or officer;
``(CC) engaging in the business of
securities, insurance, or banking; or
``(DD) engaging in savings association or
credit union activities;
``(III) the Secretary determines that the person is
engaged in, has ever been engaged in, or seeks to
engage in--
``(aa) any illicit trafficking in any
controlled substance or in any listed chemical (as
defined in section 102 of the Controlled Substances
Act);
``(bb) any activity relating to espionage,
sabotage, or theft of intellectual property;
``(cc) any activity related to money laundering
(as described in section 1956 or 1957 of title 18,
United States Code);
``(dd) any terrorist activity (as defined in
section 212(a)(3)(B));
``(ee) any activity constituting or
facilitating human trafficking or a human rights
offense;
``(ff) any activity described in section
212(a)(3)(E); or
``(gg) the violation of any statute,
regulation, or Executive order regarding foreign
financial transactions or foreign asset control; or
``(IV) the person--
``(aa) is, or during the preceding 10 years has
been, included on the Department of Justice's List
of Currently Disciplined Practitioners; or
``(bb) during the preceding 10 years, has
received a reprimand or has otherwise been publicly
disciplined for conduct related to fraud or deceit
by a State bar association of which the person is
or was a member.
``(ii) Foreign involvement in regional center
program.--
``(I) Lawful status required.--A person may not be
involved with a regional center unless the person--
``(aa) is a national of the United States or an
individual who has been lawfully admitted for
permanent residence (as such terms are defined in
paragraphs (20) and (22) of section 101(a)); and
``(bb) is not the subject of rescission or
removal proceedings.
``(II) Foreign governments.--No agency, official,
or other similar entity or representative of a foreign
government entity may provide capital to, or be
directly or indirectly involved with the ownership or
administration of, a regional center, a new commercial
enterprise, or a job-creating entity, except that a
foreign or domestic investment fund or other investment
vehicle that is wholly or partially owned, directly or
indirectly, by a bona fide foreign sovereign wealth
fund or a foreign state-owned enterprise otherwise
permitted to do business in the United States may be
involved with the ownership, but not the
administration, of a job-creating entity that is not an
affiliated job-creating entity.
``(III) Rulemaking.--Not later than 270 days after
the date of the enactment of the EB-5 Reform and
Integrity Act of 2022, the Secretary shall issue
regulations implementing subparagraphs (I) and (II).
``(iii) Information required.--The Secretary of
Homeland Security--
``(I) shall require such attestations and
information, including the submission of fingerprints
or other biometrics to the Federal Bureau of
Investigation with respect to a regional center, a new
commercial enterprise, and any affiliated job creating
entity, and persons involved with such entities (as
described in clause (v)), as may be necessary to
determine whether such entities are in compliance with
clauses (i) and (ii);
``(II) shall perform such criminal record checks
and other background and database checks with respect
to a regional center, a new commercial enterprise, and
any affiliated job-creating entity, and persons
involved with such entities (as described in clause
(v)), as may be necessary to determine whether such
entities are in compliance with clauses (i) and (ii);
and
``(III) may, at the Secretary's discretion, require
the information described to in subclause (I) and may
perform the checks described in subclause (II) with
respect to any job creating entity and persons involved
with such entity if there is a reasonable basis to
believe such entity or person is not in compliance with
clauses (i) and (ii).
``(iv) Termination.--
``(I) In general.--The Secretary of Homeland
Security may suspend or terminate the designation of
any regional center, or the participation under the
program of any new commercial enterprise or job-
creating entity under this paragraph if the Secretary
determines that such entity--
``(aa) knowingly involved a person with such
entity in violation of clause (i) or (ii) by
failing, within 14 days of acquiring such
knowledge--
``(AA) to take commercially reasonable
efforts to discontinue the prohibited person's
involvement; or
``(BB) to provide notice to the Secretary;
``(bb) failed to provide an attestation or
information requested by the Secretary under clause
(iii)(I); or
``(cc) knowingly provided any false attestation
or information under clause (iii)(I).
``(II) Limitation.--The Secretary's authorized
sanctions under subclause (I) shall be limited to
entities that have engaged in any activity described in
subclause (I).
``(III) Information.--
``(aa) Notification.--The Secretary, after
performing the criminal record checks and other
background checks described in clause (iii), shall
notify a regional center, new commercial
enterprise, or job-creating entity whether any
person involved with such entities is not in
compliance with clause (i) or (ii), unless the
information that provides the basis for the
determination is classified or disclosure is
otherwise prohibited under law.
``(bb) Effect of failure to respond.--If the
regional center, new commercial enterprise, or job-
creating entity fails to discontinue the prohibited
person's involvement with the regional center, new
commercial enterprise, or job-creating entity, as
applicable, within 30 days after receiving such
notification, such entity shall be deemed to have
knowledge under subclause (I)(aa) that the
involvement of such person with the entity is in
violation of clause (i) or (ii).
``(v) Persons involved with a regional center, new
commercial enterprise, or job-creating entity.--For the
purposes of this paragraph, unless otherwise determined by
the Secretary of Homeland Security, a person is involved
with a regional center, a new commercial enterprise, any
affiliated job-creating entity, as applicable, if the
person is, directly or indirectly, in a position of
substantive authority to make operational or managerial
decisions over pooling, securitization, investment,
release, acceptance, or control or use of any funding that
was procured under the program described in subparagraph
(E). An individual may be in a position of substantive
authority if the person serves as a principal, a
representative, an administrator, an owner, an officer, a
board member, a manager, an executive, a general partner, a
fiduciary, an agent, or in a similar position at the
regional center, new commercial enterprise, or job-creating
entity, respectively.
``(I) Compliance with securities laws.--
``(i) Jurisdiction.--
``(I) In general.--The United States has
jurisdiction, including subject matter jurisdiction,
over the purchase or sale of any security offered or
sold, or any investment advice provided, by any
regional center or any party associated with a regional
center for purposes of the securities laws.
``(II) Compliance with regulation s.--For purposes
of section 5 of the Securities Act of 1933 (15 U.S.C.
77e), a regional center or any party associated with a
regional center is not precluded from offering or
selling a security pursuant to Regulation S (17 C.F.R.
230.901 et seq.) to the extent that such offering or
selling otherwise complies with that regulation.
``(III) Savings provision.--Subclause (I) is not
intended to modify any existing rules or regulations of
the Securities and Exchange Commission related to the
application of section 15(a) of the Securities and
Exchange Act of 1934 (15 U.S.C. 78o(a)) to foreign
brokers or dealers.
``(ii) Regional center certifications required.--
``(I) Initial certification.--The Secretary of
Homeland Security may not approve an application for
regional center designation or regional center
amendment unless the regional center certifies that, to
the best of the certifier's knowledge, after a due
diligence investigation, the regional center is in
compliance with and has policies and procedures,
including those related to internal and external due
diligence, reasonably designed to confirm, as
applicable, that all parties associated with the
regional center are and will remain in compliance with
the securities laws of the United States and of any
State in which--
``(aa) the offer, purchase, or sale of
securities was conducted;
``(bb) the issuer of securities was located; or
``(cc) the investment advice was provided by
the regional center or parties associated with the
regional center.
``(II) Reissue.--A regional center shall annually
reissue a certification described in subclause (I), in
accordance with subparagraph (G), to certify compliance
with clause (iii) by stating that--
``(aa) the certification is made by a
certifier;
``(bb) to the best of the certifier's
knowledge, after a due diligence investigation, all
such offers, purchases, and sales of securities or
the provision of investment advice complied with
the securities laws of the United States and the
securities laws of any State in which--
``(AA) the offer, purchase, or sale of
securities was conducted;
``(BB) the issuer of securities was
located; or
``(CC) the investment advice was provided;
and
``(cc) records, data, and information related
to such offers, purchases, and sales have been
maintained.
``(III) Effect of noncompliance.--If a regional
center, through its due diligence, discovered during
the previous fiscal year that the regional center or
any party associated with the regional center was not
in compliance with the securities laws of the United
States or the securities laws of any State in which the
securities activities were conducted by any party
associated with the regional center, the certifier
shall--
``(aa) describe the activities that led to
noncompliance;
``(bb) describe the actions taken to remedy the
noncompliance; and
``(cc) certify that the regional center and all
parties associated with the regional center are
currently in compliance, to the best of the
certifier's knowledge, after a due diligence
investigation.
``(iii) Oversight required.--Each regional center
shall--
``(I) use commercially reasonable efforts to
monitor and supervise compliance with the securities
laws in relations to all offers, purchases, and sales
of, and investment advice relating to, securities made
by parties associated with the regional center;
``(II) maintain records, data, and information
relating to all such offers, purchases, sales, and
investment advice during the 5-year period beginning on
the date of their creation; and
``(III) make the records, data, and information
described in subclause (II) available to the Secretary
or to the Securities and Exchange Commission upon
request.
``(iv) Suspension or termination.--In addition to any
other authority provided to the Secretary under this
paragraph, the Secretary, in the Secretary's discretion,
may suspend or terminate the designation of any regional
center or impose other sanctions against the regional
center if the regional center, or any parties associated
with the regional center that the regional center knew or
reasonably should have known--
``(I) are permanently or temporarily enjoined by
order, judgment, or decree of any court of competent
jurisdiction in connection with the offer, purchase, or
sale of a security or the provision of investment
advice;
``(II) are subject to any final order of the
Securities and Exchange Commission or a State
securities regulator that--
``(aa) bars such person from association with
an entity regulated by the Securities and Exchange
Commission or a State securities regulator; or
``(bb) constitutes a final order based on a
finding of an intentional violation or a violation
related to fraud or deceit in connection with the
offer, purchase, or sale of, or investment advice
relating to, a security; or
``(III) submitted, or caused to be submitted, a
certification described in clause (ii) that contained
an untrue statement of a material fact or omitted to
state a material fact necessary in order to make the
statements made, in light of the circumstances under
which they were made, not misleading.
``(v) Defined term.--In this subparagraph, the term
`parties associated with a regional center' means--
``(I) the regional center;
``(II) any new commercial enterprise or affiliated
job-creating entity or issuer of securities associated
with the regional center;
``(III) the regional center's and new commercial
enterprise's owners, officers, directors, managers,
partners, agents, employees, promoters and attorneys,
or similar position, as determined by the Secretary;
and
``(IV) any person under the control of the regional
center, new commercial enterprise, or issuer of
securities associated with the regional center who is
responsible for the marketing, offering, or sale of any
security offered in connection with the capital
investment project.
``(vi) Savings provision.--Nothing in this subparagraph
may be construed to impair or limit the authority of the
Securities and Exchange Commission under the Federal
securities laws or any State securities regulator under
State securities laws.
``(J) EB-5 integrity fund.--
``(i) Establishment.--There is established in the
United States Treasury a special fund, which shall be known
as the `EB-5 Integrity Fund' (referred to in this
subparagraph as the `Fund'). Amounts deposited into the
Fund shall be available to the Secretary of Homeland
Security until expended for the purposes set forth in
clause (iii).
``(ii) Fees.--
``(I) Annual fee.--On October 1, 2022, and each
October 1 thereafter, the Secretary of Homeland
Security shall collect for the Fund an annual fee--
``(aa) except as provided in item (bb), of
$20,000 from each regional center designated under
subparagraph (E); and
``(bb) of $10,000 from each such regional
center with 20 or fewer total investors in the
preceding fiscal year in its new commercial
enterprises.
``(II) Petition fee.--Beginning on October 1, 2022,
the Secretary shall collect a fee of $1,000 for the
Fund with each petition filed under section
204(a)(1)(H) for classification under subparagraph (E).
The fee under this subclause is in addition to the fee
that the Secretary is authorized to establish and
collect for each petition to recover the costs of
adjudication and naturalization services under section
286(m).
``(III) Increases.--The Secretary may increase the
amounts under this clause by prescribing such
regulations as may be necessary to ensure that amounts
in the Fund are sufficient to carry out the purposes
set forth in clause (iii).
``(iii) Permissible uses of fund.--The Secretary
shall--
``(I) use not less than \1/3\ of the amounts
deposited into the Fund for investigations based
outside of the United States, including--
``(aa) monitoring and investigating program-
related events and promotional activities; and
``(bb) ensuring an alien investor's compliance
with subparagraph (L); and
``(II) use amounts deposited into the Fund--
``(aa) to detect and investigate fraud or other
crimes;
``(bb) to determine whether regional centers,
new commercial enterprises, job-creating entities,
and alien investors (and their alien spouses and
alien children) comply with the immigration laws;
``(cc) to conduct audits and site visits; and
``(dd) as the Secretary determines to be
necessary, including monitoring compliance with the
requirements under section 107 of the EB-5 Reform
and Integrity Act of 2022.
``(iv) Failure to pay fee.--The Secretary of Homeland
Security shall--
``(I) impose a reasonable penalty, which shall be
deposited into the Fund, if any regional center does
not pay the fee required under clause (ii) within 30
days after the date on which such fee is due; and
``(II) terminate the designation of any regional
center that does not pay the fee required under clause
(ii) within 90 days after the date on which such fee is
due.
``(v) Report.--The Secretary shall submit an annual
report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives that describes how amounts in the Fund were
expended during the previous fiscal year.
``(K) Direct and third-party promoters.--
``(i) Rules and standards.--Direct and third-party
promoters (including migration agents) of a regional
center, any new commercial enterprise, an affiliated job-
creating entity, or an issuer of securities intended to be
offered to alien investors in connection with a particular
capital investment project shall comply with the rules and
standards prescribed by the Secretary of Homeland Security
and any applicable Federal or State securities laws, to
oversee promotion of any offering of securities related to
the EB-5 Program, including--
``(I) registration with U.S. Citizenship and
Immigration Services, which--
``(aa) includes identifying and contact
information for such promoter and confirmation of
the existence of the written agreement required
under clause (iii); and
``(bb) may be made publicly available at the
discretion of the Secretary;
``(II) certification by each promoter that such
promoter is not ineligible under subparagraph (H)(i);
``(III) guidelines for accurately representing the
visa process to foreign investors; and
``(IV) guidelines describing permissible fee
arrangements under applicable securities and
immigration laws.
``(ii) Effect of violation.--If the Secretary
determines that a direct or third-party promoter has
violated clause (i), the Secretary shall suspend or
permanently bar such individual from participation in the
program described in subparagraph (E).
``(iii) Compliance.--Each regional center, new
commercial enterprise, and affiliated job-creating entity
shall maintain a written agreement between or among such
entities and each direct or third-party promoter operating
on behalf of such entities that outlines the rules and
standards prescribed under clause (i).
``(iv) Disclosure.--Each petition filed under section
204(a)(1)(H) shall include a disclosure, signed by the
investor, that reflects all fees, ongoing interest, and
other compensation paid to any person that the regional
center or new commercial enterprise knows has received, or
will receive, in connection with the investment, including
compensation to agents, finders, or broker dealers involved
in the offering, to the extent not already specifically
identified in the business plan filed under subparagraph
(F).
``(L) Source of funds.--
``(i) In general.--An alien investor shall demonstrate
that the capital required under subparagraph (A) and any
funds used to pay administrative costs and fees associated
with the alien's investment were obtained from a lawful
source and through lawful means.
``(ii) Required information.--The Secretary of Homeland
Security shall require that an alien investor's petition
under this paragraph contain, as applicable--
``(I) business and tax records, or similar records,
including--
``(aa) foreign business registration records;
``(bb) corporate or partnership tax returns (or
tax returns of any other entity in any form filed
in any country or subdivision of such country), and
personal tax returns, including income, franchise,
property (whether real, personal, or intangible),
or any other tax returns of any kind, filed during
the past 7 years (or another period to be
determined by the Secretary to ensure that the
investment is obtained from a lawful source of
funds) with any taxing jurisdiction within or
outside the United States by or on behalf of the
alien investor; and
``(cc) any other evidence identifying any other
source of capital or administrative fees;
``(II) evidence related to monetary judgments
against the alien investor, including certified copies
of any judgments, and evidence of all pending
governmental civil or criminal actions, governmental
administrative proceedings, and any private civil
actions (pending or otherwise) involving possible
monetary judgments against the alien investor from any
court within or outside the United States; and
``(III) the identity of all persons who transfer
into the United States, on behalf of the investor, any
funds that are used to meet the capital requirement
under subparagraph (A).
``(iii) Gift and loan restrictions.--
``(I) In general.--Gifted and borrowed funds may
not be counted toward the minimum capital investment
requirement under subparagraph (C) unless such funds--
``(aa) were gifted or loaned to the alien
investor in good faith; and
``(bb) were not gifted or loaned to circumvent
any limitations imposed on permissible sources of
capital under this subparagraph, including but not
limited to proceeds from illegal activity.
``(II) Records requirement.--If funds invested
under subparagraph (A) are gifted or loaned to the
alien investor, the Secretary shall require that the
alien investor's petition under this paragraph includes
the records described in subclauses (I) and (II) of
clause (ii) from the donor or, if other than a bank,
the lender.
``(M) Treatment of good faith investors following program
noncompliance.--
``(i) Termination or debarment of eb-5 entity.--Except
as provided in clause (vi), upon the termination or
debarment, as applicable, from the program under this
paragraph of a regional center, a new commercial
enterprise, or a job-creating entity--
``(I) an otherwise qualified petition under section
204(a)(1)(H) or the conditional permanent residence of
an alien who has been admitted to the United States
pursuant to section 216A(a)(1) based on an investment
in a terminated regional center, new commercial
enterprise, or job-creating entity shall remain valid
or continue to be authorized, as applicable, consistent
with this subparagraph; and
``(II) the Secretary of Homeland Security shall
notify the alien beneficiaries of such petitions of
such termination or debarment.
``(ii) New regional center or investment.--The petition
under section 204(a)(1)(H) of an alien described in clause
(i) and the conditional permanent resident status of an
alien described in clause (i) shall be terminated 180 days
after notification of the termination from the program
under this paragraph of a regional center, a new commercial
enterprise, or a job creating entity (but not sooner than
180 days after the date of the enactment of the EB-5 Reform
and Integrity Act of 2022) unless--
``(I) in the case of the termination of a regional
center--
``(aa) the new commercial enterprise associates
with an approved regional center, regardless of the
approved geographical boundaries of such regional
center's designation; or
``(bb) such alien makes a qualifying investment
in another new commercial enterprise; or
``(II) in the case of the debarment of a new
commercial enterprise or job-creating entity, such
alien--
``(aa) associates with a new commercial
enterprise in good standing; and
``(bb) invests additional investment capital
solely to the extent necessary to satisfy remaining
job creation requirements under subparagraph
(A)(ii).
``(iii) Amendments.--
``(I) Filing requirement.--The Secretary shall
permit a petition described in clause (i)(I) to be
amended to allow such petition to meet the applicable
eligibility requirements under clause (ii), or to
notify the Secretary that a pending or approved
petition continues to meet the eligibility requirements
described in clause (ii) notwithstanding termination or
debarment described in clause (i) if such amendment is
filed not later than 180 days after the Secretary
provides notification of termination or debarment of a
regional center, a new commercial enterprise, or a job-
creating entity, as applicable.
``(II) Determination of eligibility.--For purposes
of determining eligibility under subclause (I)--
``(aa) the Secretary shall permit amendments to
the business plan, without such facts underlying
the amendment being deemed a material change; and
``(bb) may deem any funds obtained or recovered
by an alien investor, directly or indirectly, from
claims against third parties, including insurance
proceeds, or any additional investment capital
provided by the alien, to be such alien's
investment capital for the purposes of subparagraph
(A) if such investment otherwise complies with the
requirements under this paragraph and section 216A.
``(iv) Removal of conditions.--Aliens described in
subclauses (I)(bb) and (II) of clause (ii) shall be
eligible to have their conditions removed pursuant to
section 216A beginning on the date that is 2 years after
the date of the subsequent investment.
``(v) Remedies.--For petitions approved under clause
(ii), including following an amendment filed under clause
(iii), the Secretary--
``(I) shall retain the immigrant visa priority date
related to the original petition and prevent age-out of
derivative beneficiaries; and
``(II) may hold such petition in abeyance and
extend any applicable deadlines under this paragraph.
``(vi) Exception.--If the Secretary has reason to
believe that an alien was a knowing participant in the
conduct that led to the termination of a regional center,
new commercial enterprise, or job-creating entity described
in clause (i)--
``(I) the alien shall not be accorded any benefit
under this subparagraph; and
``(II) the Secretary shall--
``(aa) notify the alien of such belief; and
``(bb) subject to section 216A(b)(2), shall
deny or initiate proceedings to revoke the approval
of such alien's petition, application, or benefit
(and that of any spouse or child, if applicable)
described in this paragraph.
``(N) Threats to the national interest.--
``(i) Denial or revocation.--The Secretary of Homeland
Security shall deny or revoke the approval of a petition,
application, or benefit described in this paragraph,
including the documents described in clause (ii), if the
Secretary determines, in the Secretary's discretion, that
the approval of such petition, application, or benefit is
contrary to the national interest of the United States for
reasons relating to threats to public safety or national
security.
``(ii) Documents.--The documents described in this
clause are--
``(I) a certification, designation, or amendment to
the designation of a regional center;
``(II) a petition seeking classification of an
alien as an alien investor under this paragraph;
``(III) a petition to remove conditions under
section 216A;
``(IV) an application for approval of a business
plan in a new commercial enterprise under subparagraph
(F); or
``(V) a document evidencing conditional permanent
resident status that was issued to an alien pursuant to
section 216A.
``(iii) Debarment.--If a regional center, new
commercial enterprise, or job-creating entity has its
designation or participation in the program under this
paragraph terminated for reasons relating to public safety
or national security, any person associated with such
regional center, new commercial enterprise, or job-creating
entity, including an alien investor, shall be permanently
barred from future participation in the program under this
paragraph if the Secretary of Homeland Security, in the
Secretary's discretion, determines, by a preponderance of
the evidence, that such person was a knowing participant in
the conduct that led to the termination.
``(iv) Notice.--If the Secretary of Homeland Security
determines that the approval of a petition, application, or
benefit described in this paragraph should be denied or
revoked pursuant to clause (i), the Secretary shall--
``(I) notify the relevant individual, regional
center, or commercial entity of such determination;
``(II) deny or revoke such petition, application,
or benefit or terminate the permanent resident status
of the alien (and the alien spouse and alien children
of such immigrant), as of the date of such
determination; and
``(III) provide any United States-owned regional
center, new commercial enterprise, or job creating
entity an explanation for such determination unless the
relevant information is classified or disclosure is
otherwise prohibited under law.
``(v) Judicial review.--Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, no court shall have jurisdiction to review a denial
or revocation under this subparagraph. Nothing in this
clause may be construed as precluding review of
constitutional claims or questions of law raised upon a
petition for review filed with an appropriate court of
appeals in accordance with section 242.
``(O) Fraud, misrepresentation, and criminal misuse.--
``(i) Denial or revocation.--Subject to subparagraph
(M), the Secretary of Homeland Security shall deny or
revoke the approval of a petition, application, or benefit
described in this paragraph, including the documents
described in subparagraph (N)(ii), if the Secretary
determines, in the Secretary's discretion, that such
petition, application, or benefit was predicated on or
involved fraud, deceit, intentional material
misrepresentation, or criminal misuse.
``(ii) Debarment.--If a regional center, new commercial
enterprise, or job-creating entity has its designation or
participation in the program under this paragraph
terminated for reasons relating to fraud, intentional
material misrepresentation, or criminal misuse, any person
associated with such regional center, new commercial
enterprise, or job-creating entity, including an alien
investor, shall be permanently barred from future
participation in the program if the Secretary determines,
in the Secretary's discretion, by a preponderance of the
evidence, that such person was a knowing participant in the
conduct that led to the termination.
``(iii) Notice.--If the Secretary determines that the
approval of a petition, application, or benefit described
in this paragraph should be denied or revoked pursuant to
clause (i), the Secretary shall--
``(I) notify the relevant individual, regional
center, or commercial entity of such determination; and
``(II) deny or revoke such petition, application,
or benefit or terminate the permanent resident status
of the alien (and the alien spouse and alien children
of such immigrant), in accordance with clause (i), as
of the date of such determination.
``(P) Administrative appellate review.--
``(i) In general.--The Director of U.S. Citizenship and
Immigration Services shall provide an opportunity for an
administrative appellate review by the Administrative
Appeals Office of U.S. Citizenship and Immigration Services
of any determination made under this paragraph, including--
``(I) an application for regional center
designation or regional center amendment;
``(II) an application for approval of a business
plan filed under subparagraph (F);
``(III) a petition by an alien investor for status
as an immigrant under this paragraph;
``(IV) the termination or suspension of any benefit
accorded under this paragraph; and
``(V) any sanction imposed by the Secretary under
this paragraph.
``(ii) Judicial review.--Subject to subparagraph (N)(v)
and section 242(a)(2), and notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, no court shall have jurisdiction to review a
determination under this paragraph until the regional
center, its associated entities, or the alien investor has
exhausted all administrative appeals.
``(Q) Fund administration.--
``(i) In general.--Each new commercial enterprise shall
deposit and maintain the capital investment of each alien
investor in a separate account, including amounts held in
escrow.
``(ii) Use of funds.--Amounts in a separate account may
only--
``(I) be transferred to another separate account or
a job creating entity;
``(II) otherwise be deployed into the capital
investment project for which the funds were intended;
or
``(III) be transferred to the alien investor who
contributed the funds as a refund of that investor's
capital investment, if otherwise permitted under this
paragraph.
``(iii) Deployment of funds into an affiliated job-
creating entity.--If amounts are transferred to an
affiliated job-creating entity pursuant to clause (ii)(I)--
``(I) the affiliated job-creating entity shall
maintain such amounts in a separate account until they
are deployed into the capital investment project for
which they were intended; and
``(II) not later than 30 days after such amounts
are deployed pursuant to subclause (I), the affiliated
job-creating entity shall provide written notice to the
fund administrator retained pursuant to clause (iv)
that a construction consultant or other individual
authorized by the Secretary has verified that such
amounts have been deployed into the project.
``(iv) Fund administrator.--Except as provided in
clause (v), the new commercial enterprise shall retain a
fund administrator to fulfill the requirements under this
subparagraph. The fund administrator--
``(I) shall be independent of, and not directly
related to, the new commercial enterprise, the regional
center associated with the new commercial enterprise,
the job creating entity, or any of the principals or
managers of such entities;
``(II) shall be licensed, active, and in good
standing as--
``(aa) a certified public accountant;
``(bb) an attorney;
``(cc) a broker-dealer or investment adviser
registered with the Securities and Exchange
Commission; or
``(dd) an individual or company that otherwise
meets such requirements as may be established by
the Secretary;
``(III) shall monitor and track any transfer of
amounts from the separate account;
``(IV) shall serve as a cosignatory on all separate
accounts;
``(V) before any transfer of amounts from a
separate account, shall--
``(aa) verify that the transfer complies with
all governing documents, including organizational,
operational, and investment documents; and
``(bb) approve such transfer with a written or
electronic signature;
``(VI) shall periodically provide each alien
investor with information about the activity of the
account in which the investor's capital investment is
held, including--
``(aa) the name and location of the bank or
financial institution at which the account is
maintained;
``(bb) the history of the account; and
``(cc) any additional information required by
the Secretary; and
``(VII) shall make and preserve, during the 5-year
period beginning on the last day of the Federal fiscal
year in which any transactions occurred, books,
ledgers, records, and other documentation necessary to
comply with this clause, which shall be provided to the
Secretary upon request.
``(v) Waiver.--
``(I) Waiver permitted.--The Secretary of Homeland
Security, after consultation with the Securities and
Exchange Commission, may waive the requirements under
clause (iv) for any new commercial enterprise or
affiliated job-creating entity that is controlled by or
under common control of an investment adviser or
broker-dealer that is registered with the Securities
and Exchange Commission if the Secretary, in the
Secretary's discretion, determines that the Securities
and Exchange Commission provides comparable protections
and transparency for alien investors as the protections
and transparency provided under clause (iv).
``(II) Waiver required.--The Secretary of Homeland
Security shall waive the requirements under clause (iv)
for any new commercial enterprise that commissions an
annual independent financial audit of such new
commercial enterprise or job creating entity conducted
in accordance with Generally Accepted Auditing
Standards, which audit shall be provided to the
Secretary and all investors in the new commercial
enterprise.
``(vi) Defined term.--In this subparagraph, the term
`separate account' means an account that--
``(I) is maintained in the United States by a new
commercial enterprise or job creating entity at a
federally regulated bank or at another financial
institution (as defined in section 20 of title 18,
United States Code) in the United States;
``(II) is insured; and
``(III) contains only the pooled investment funds
of alien investors in a new commercial enterprise with
respect to a single capital investment project.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date that is 60 days after the date of the
enactment of this Act.
(c) Required Checks.--
(1) In general.--Section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)), as amended by subsection
(b), is further amended by adding at the end the following:
``(R) Required checks.--Any petition filed by an alien
under section 204(a)(1)(H) may not be approved under this
paragraph unless the Secretary of Homeland Security has
searched for the alien and any associated employer of such
alien on the Specially Designated Nationals List of the
Department of the Treasury Office of Foreign Assets Control.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
SEC. 104. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN
INVESTORS, SPOUSES, AND CHILDREN.
(a) In General.--Section 216A of the Immigration and Nationality
Act (8 U.S.C. 1186b) is amended--
(1) by striking ``Attorney General'' each place such term
appears (except in subsection (d)(2)(C)) and inserting ``Secretary
of Homeland Security'';
(2) by striking ``entrepreneur'' each place such term appears
and inserting ``investor'';
(3) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) Conditional basis for status.--An alien investor, alien
spouse, and alien child shall be considered, at the time of
obtaining status as an alien lawfully admitted for permanent
residence, to have obtained such status on a conditional basis
subject to the provisions of this section.'';
(4) in subsection (b)--
(A) in the subsection heading, by striking
``Entrepreneurship'' and inserting ``Investment''; and
(B) by amending paragraph (1)(B) to read as follows:
``(B) the alien did not invest the requisite capital; or'';
(5) in subsection (c)--
(A) in the subsection heading, by striking ``of Timely
Petition and Interview'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``In order'' and inserting ``Except as provided in
paragraph (3)(D), in order'';
(ii) in subparagraph (A)--
(I) by striking ``must'' and inserting ``shall'';
and
(II) by striking ``, and'' and inserting a
semicolon;
(iii) in subparagraph (B)--
(I) by striking ``must'' and inserting ``shall'';
(II) by striking ``Service'' and inserting
``Department of Homeland Security''; and
(III) by striking the period at the end and
inserting ``; and''; and
(iv) by adding at the end the following:
``(C) the Secretary shall have performed a site visit to
the relevant corporate office or business location described in
section 203(b)(5)(F)(iv).''; and
(C) in paragraph (3)--
(i) in subparagraph (A), in the undesignated matter
following clause (ii), by striking ``the'' before ``such
filing''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) Removal or extension of conditional basis.--
``(i) In general.--Except as provided in clause (ii),
if the Secretary determines that the facts and information
contained in a petition submitted under paragraph (1)(A)
are true, including demonstrating that the alien complied
with subsection (d)(1)(B)(i), the Secretary shall--
``(I) notify the alien involved of such
determination; and
``(II) remove the conditional basis of the alien's
status effective as of the second anniversary of the
alien's lawful admission for permanent residence.
``(ii) Exception.--If the petition demonstrates that
the facts and information are true and that the alien is in
compliance with subsection (d)(1)(B)(ii)--
``(I) the Secretary, in the Secretary's discretion,
may provide a 1-year extension of the alien's
conditional status; and
``(II)(aa) if the alien files a petition not later
than 30 days after the third anniversary of the alien's
lawful admission for permanent residence demonstrating
that the alien complied with subsection (d)(1)(B)(i),
the Secretary shall remove the conditional basis of the
alien's status effective as of such third anniversary;
or
``(bb) if the alien does not file the petition
described in item (aa), the conditional status shall
terminate at the end of such additional year.'';
(6) in subsection (d)--
(A) in paragraph (1)--
(i) by amending subparagraph (A) to read as follows:
``(A) invested the requisite capital;'';
(ii) by redesignating subparagraph (B) as subparagraph
(C); and
(iii) by inserting after subparagraph (A) the
following:
``(B)(i) created the employment required under section
203(b)(5)(A)(ii); or
``(ii) is actively in the process of creating the
employment required under section 203(b)(5)(A)(ii) and will
create such employment before the third anniversary of the
alien's lawful admission for permanent residence, provided that
such alien's capital will remain invested during such time;
and'';
(B) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) Ninety-day period before second anniversary.--
``(i) In general.--Except as provided in clause (ii)
and subparagraph (B), a petition under subsection (c)(1)(A)
shall be filed during the 90-day period immediately
preceding the second anniversary of the alien investor's
lawful admission for permanent residence.
``(ii) Exception.--Aliens described in subclauses
(I)(bb) and (II) of section 203(b)(5)(M)(ii) shall file a
petition under subsection (c)(1)(A) during the 90-day
period before the second anniversary of the subsequent
investment.''; and
(C) in paragraph (3)--
(i) by striking ``The interview'' and inserting the
following:
``(A) In general.--The interview'';
(ii) by striking ``Service'' and inserting ``Department
of Homeland Security''; and
(iii) by striking the last sentence and inserting the
following:
``(B) Waiver.--The Secretary of Homeland Security, in the
Secretary's discretion, may waive the deadline for an interview
under subsection (c)(1)(B) or the requirement for such an
interview according to criteria developed by U.S. Citizenship
and Immigration Services, in consultation with its Fraud
Detection and National Security Directorate and U.S.
Immigration and Customs Enforcement, provided that such
criteria do not include a reduction of case processing times or
the allocation of adjudicatory resources. A waiver may not be
granted under this subparagraph if the alien to be
interviewed--
``(i) invested in a regional center, new commercial
enterprise, or job-creating entity that was sanctioned
under section 203(b)(5); or
``(ii) is in a class of aliens determined by the
Secretary to be threats to public safety or national
security.''; and
(7) in subsection (f)(3), by striking ``a limited partnership''
and inserting ``any entity formed for the purpose of doing for-
profit business''.
(b) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect on the date of
the enactment of this Act.
(2) Exceptions.--
(A) Site visits.--The amendment made by subsection
(a)(5)(B)(iv) shall take effect on the date that is 2 years
after the date of the enactment of this Act.
(B) Petition beneficiaries.--The amendments made by
subsection (a) shall not apply to the beneficiary of a petition
that is filed under section 216A of the Immigration and
Nationality Act (8 U.S.C. 1186b) if the underlying petition was
filed under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5))
before the date of the enactment of this Act.
SEC. 105. PROCEDURE FOR GRANTING IMMIGRANT STATUS.
(a) Filing Order and Eligibility.--Section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) is amended to
read as follows:
``(H)(i) Any alien seeking classification under section 203(b)(5)
may file a petition for such classification with the Secretary of
Homeland Security. An alien seeking to pool his or her investment with
1 or more additional aliens seeking classification under section
203(b)(5) shall file for such classification in accordance with section
203(b)(5)(E), or before the date of the enactment of the EB-5 Reform
and Integrity Act of 2022, in accordance with section 203(b)(5). An
alien petitioning for classification under section 203(b)(5)(E) may
file a petition with the Secretary after a regional center has filed an
application for approval of an investment under section 203(b)(5)(F).
``(ii) A petitioner described in clause (i) shall establish
eligibility at the time he or she files a petition for classification
under section 203(b)(5). A petitioner who was eligible for such
classification at the time of such filing shall be deemed eligible for
such classification at the time such petition is adjudicated, subject
to the approval of the petitioner's associated application under
section 203(b)(5)(F), if applicable.''.
(b) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Applicability to petitions.--Section 204(a)(1)(H)(i) of the
Immigration and Nationality Act, as added by subsection (a), shall
apply to any petition for classification pursuant to section
203(b)(5)(E) of such Act (8 U.S.C. 1153(b)(5)(E)) that is filed
with the Secretary of Homeland Security on or after the date of the
enactment of this Act.
(c) Adjudication of Petitions.--The Secretary of Homeland Security
shall continue to adjudicate petitions and benefits under sections
203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5) and 1186b) during the implementation of this Act and the
amendments made by this Act.
SEC. 106. TIMELY PROCESSING.
(a) Fee Study.--Not later than 1 year after the date of the
enactment of this Act, the Director of U.S. Citizenship and Immigration
Services shall complete a study of fees charged in the administration
of the program described in sections 203(b)(5) and 216A of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).
(b) Adjustment of Fees To Achieve Efficient Processing.--
Notwithstanding section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)), and except as provided under subsection (c), the
Director, not later than 60 days after the completion of the study
under subsection (a), shall set fees for services provided under
sections 203(b)(5) and 216A of such Act (8 U.S.C. 1153(b)(5) and 1186b)
at a level sufficient to ensure the full recovery only of the costs of
providing such services, including the cost of attaining the goal of
completing adjudications, on average, not later than--
(1) 180 days after receiving a proposal for the establishment
of a regional center described in section 203(b)(5)(E) of such Act;
(2) 180 days after receiving an application for approval of an
investment in a new commercial enterprise described in section
203(b)(5)(F) of such Act;
(3) 90 days after receiving an application for approval of an
investment in a new commercial enterprise described in section
203(b)(5)(F) of such Act that is located in a targeted employment
area (as defined in section 203(b)(5)(D) of such Act);
(4) 240 days after receiving a petition from an alien desiring
to be classified under section 203(b)(5)(E) of such Act;
(5) 120 days after receiving a petition from an alien desiring
to be classified under section 203(b)(5)(E) of such Act with
respect to an investment in a targeted employment area (as defined
in section 203(b)(5)(D) of such Act); and
(6) 240 days after receiving a petition from an alien for
removal of conditions described in section 216A(c) of such Act.
(c) Additional Fees.--Fees in excess of the fee levels described in
subsection (b) may be charged only--
(1) in an amount that is equal to the amount paid by all other
classes of fee-paying applicants for immigration-related benefits,
to contribute to the coverage or reduction of the costs of
processing or adjudicating classes of immigration benefit
applications that Congress, or the Secretary of Homeland Security
in the case of asylum applications, has authorized to be processed
or adjudicated at no cost or at a reduced cost to the applicant;
and
(2) in an amount that is not greater than 1 percent of the fee
for filing a petition under section 203(b)(5) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)(5)), to make improvements to
the information technology systems used by the Secretary of
Homeland Security to process, adjudicate, and archive applications
and petitions under such section, including the conversion to
electronic format of documents filed by petitioners and applicants
for benefits under such section.
(d) Exemption From Paperwork Reduction Act.--During the 1-year
period beginning on the date of the enactment of this Act, the
requirements under chapter 35 of title 44, United States Code, shall
not apply to any collection of information required under this
division, any amendment made by this division, or any rule promulgated
by the Secretary of Homeland Security to implement this division or the
amendments made by this division, to the extent that the Secretary
determines that compliance with such requirements would impede the
expeditious implementation of this division or the amendments made by
this division.
(e) Rule of Construction Regarding Adjudication Delays.--Nothing in
this division may be construed to limit the authority of the Secretary
of Homeland Security to suspend the adjudication of any application or
petition under section 203(b)(5) or 216A of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) pending the completion
of a national security or law enforcement investigation relating to
such application or petition.
(f) Rule of Construction Regarding Modification of Fees.--Nothing
in this section may be construed to require any modification of fees
before the completion of--
(1) the fee study described in subsection (a); or
(2) regulations promulgated by the Secretary of Homeland
Security, in accordance with subchapter II of chapter 5 and chapter
7 of title 5, United States Code (commonly known as the
``Administrative Procedure Act''), to carry out subsections (b) and
(c).
SEC. 107. TRANSPARENCY.
(a) In General.--Employees of the Department of Homeland Security,
including the Secretary of Homeland Security, the Secretary's
counselors, the Assistant Secretary for the Private Sector, the
Director of U.S. Citizenship and Immigration Services, counselors to
such Director, and the Chief of the Immigrant Investor Programs Office
(or any successor to such Office) at U.S. Citizenship and Immigration
Services, shall act impartially and may not give preferential treatment
to any entity, organization, or individual in connection with any
aspect of the immigrant visa program described in section 203(b)(5) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)).
(b) Improper Activities.--Activities that constitute preferential
treatment under subsection (a) shall include--
(1) working on, or in any way attempting to influence, in a
manner not available to or accorded to all other petitioners,
applicants, and seekers of benefits under the immigrant visa
program referred to in subsection (a), the standard processing of
an application, petition, or benefit for--
(A) a regional center;
(B) a new commercial enterprise;
(C) a job-creating entity; or
(D) any person or entity associated with such regional
center, new commercial enterprise, or job-creating entity; and
(2) meeting or communicating with persons associated with the
entities listed in paragraph (1), at the request of such persons,
in a manner not available to or accorded to all other petitioners,
applicants, and seekers of benefits under such immigrant visa
program.
(c) Reporting of Communications.--
(1) Written communication.--Employees of the Department of
Homeland Security, including the officials listed in subsection
(a), shall include, in the record of proceeding for a case under
section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)), actual or electronic copies of all case-specific
written communication, including emails from government and private
accounts, with non-Department persons or entities advocating for
regional center applications or individual petitions under such
section that are pending on or after the date of the enactment of
this Act (other than routine communications with other agencies of
the Federal Government regarding the case, including communications
involving background checks and litigation defense).
(2) Oral communication.--If substantive oral communication,
including telephonic communication, virtual communication, or in-
person meetings, takes place between officials of the Department of
Homeland Security and non-Department persons or entities advocating
for regional center applications or individual petitions under
section 203(b)(5) of such Act that are pending on or after the date
of the enactment of this Act (except communications exempted under
paragraph (1))--
(A) the conversation shall be recorded; or
(B) detailed minutes of the session shall be taken and
included in the record of proceeding.
(3) Notification.--
(A) In general.--If the Secretary, in the course of written
or oral communication described in this subsection, receives
evidence about a specific case from anyone other than an
affected party or his or her representative (excluding Federal
Government or law enforcement sources), such information may
not be made part of the record of proceeding and may not be
considered in adjudicative proceedings unless--
(i) the affected party has been given notice of such
evidence; and
(ii) if such evidence is derogatory, the affected party
has been given an opportunity to respond to the evidence.
(B) Information from law enforcement, intelligence
agencies, or confidential sources.--
(i) Law enforcement or intelligence agencies.--Evidence
received from law enforcement or intelligence agencies may
not be made part of the record of proceeding without the
consent of the relevant agency or law enforcement entity.
(ii) Whistleblowers, confidential sources, or
intelligence agencies.--Evidence received from
whistleblowers, other confidential sources, or the
intelligence community that is included in the record of
proceeding and considered in adjudicative proceedings shall
be handled in a manner that does not reveal the identity of
the whistleblower or confidential source, or reveal
classified information.
(d) Consideration of Evidence.--
(1) In general.--No case-specific communication with persons or
entities that are not part of the Department of Homeland Security
may be considered in the adjudication of an application or petition
under section 203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)) unless the communication is included in the
record of proceeding of the case.
(2) Waiver.--The Secretary of Homeland Security may waive the
requirement under paragraph (1) only in the interests of national
security or for investigative or law enforcement purposes.
(e) Channels of Communication.--
(1) Email address or equivalent.--The Director of U.S.
Citizenship and Immigration Services shall maintain an email
account (or equivalent means of communication) for persons or
entities--
(A) with inquiries regarding specific petitions or
applications under the immigrant visa program described in
section 203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)); or
(B) seeking information that is not case-specific about the
immigrant visa program described in such section 203(b)(5).
(2) Communication only through appropriate channels or
offices.--
(A) Announcement of appropriate channels of
communication.--Not later than 40 days after the date of the
enactment of this Act, the Director of U.S. Citizenship and
Immigration Services shall announce that the only channels or
offices by which industry stakeholders, petitioners,
applicants, and seekers of benefits under the immigrant visa
program described in section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)) may communicate with the
Department of Homeland Security regarding specific cases under
such section (except for communication made by applicants and
petitioners pursuant to regular adjudicatory procedures), or
information that is not case-specific about the visa program
applicable to certain cases under such section, are through--
(i) the email address or equivalent channel described
in paragraph (1);
(ii) the National Customer Service Center, or any
successor to such Center; or
(iii) the Office of Public Engagement, Immigrant
Investor Program Office, including the Stakeholder
Engagement Branch, or any successors to those Offices or
that Branch.
(B) Direction of incoming communications.--
(i) In general.--Employees of the Department of
Homeland Security shall direct communications described in
subparagraph (A) to the channels of communication or
offices listed in clauses (i) through (iii) of subparagraph
(A).
(ii) Rule of construction.--Nothing in this
subparagraph may be construed to prevent--
(I) any person from communicating with the
Ombudsman of U.S. Citizenship and Immigration Services
regarding the immigrant investor program under section
203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)); or
(II) the Ombudsman from resolving problems
regarding such immigrant investor program pursuant to
the authority granted under section 452 of the Homeland
Security Act of 2002 (6 U.S.C. 272).
(C) Log.--
(i) In general.--The Director of U.S. Citizenship and
Immigration Services shall maintain a written or electronic
log of--
(I) all communications described in subparagraph
(A) and communications from Members of Congress, which
shall reference the date, time, and subject of the
communication, and the identity of the Department
official, if any, to whom the inquiry was forwarded;
(II) with respect to written communications
described in subsection (c)(1), the date on which the
communication was received, the identities of the
sender and addressee, and the subject of the
communication; and
(III) with respect to oral communications described
in subsection (c)(2), the date on which the
communication occurred, the participants in the
conversation or meeting, and the subject of the
communication.
(ii) Transparency.--The log of communications described
in clause (i) shall be made publicly available in
accordance with section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(3) Publication of information.--Not later than 30 days after a
person or entity inquiring about a specific case or generally about
the immigrant visa program described in section 203(b)(5) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) receives, as
a result of a communication with an official of the Department of
Homeland Security, generally applicable information that is not
case-specific about program requirements or administration that has
not been made publicly available by the Department, the Director of
U.S. Citizenship and Immigration Services shall publish such
information on the U.S. Citizenship and Immigration Services
website as an update to the relevant Frequently Asked Questions
page or by some other comparable mechanism.
(f) Penalty.--
(1) In general.--Any person who intentionally violates the
prohibition on preferential treatment under this section or
intentionally violates the reporting requirements under subsection
(c) shall be disciplined in accordance with paragraph (2).
(2) Sanctions.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish a graduated set of sanctions based on the severity of the
violation referred to in paragraph (1), which may include, in
addition to any criminal or civil penalties that may be imposed,
written reprimand, suspension, demotion, or removal.
(g) Rule of Construction Regarding Classified Information.--Nothing
in this section may be construed to modify any law, regulation, or
policy regarding the handling or disclosure of classified information.
(h) Rule of Construction Regarding Private Right of Action.--
Nothing in this section may be construed to create or authorize a
private right of action to challenge a decision of an employee of the
Department of Homeland Security.
(i) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date of the enactment of this Act.
SEC. 108. PROTECTION FROM EXPIRED LEGISLATION.
Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)), as amended by sections 102 and 103 of this division, is
further amended by adding at the end the following:
``(S) Protection from expired legislation.--Notwithstanding
the expiration of legislation authorizing the regional center
program under subparagraph (E), the Secretary of Homeland
Security--
``(i) shall continue processing petitions under
sections 204(a)(1)(H) and 216A based on an investment in a
new commercial enterprise associated with a regional center
that were filed on or before September 30, 2026;
``(ii) may not deny a petition described in clause (i)
based on the expiration of such legislation; and
``(iii) may not suspend or terminate the allocation of
visas to the beneficiaries of approved petitions described
in clause (i).''.
DIVISION CC--BURIAL EQUITY FOR GUARDS AND RESERVES ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Burial Equity for Guards and
Reserves Act''.
SEC. 102. PROHIBITIONS ON RESTRICTING INTERMENT OF CERTAIN
INDIVIDUALS IN CERTAIN STATE VETERANS' CEMETERIES.
(a) Grants.--Section 2408 of title 38, United States Code, is
amended--
(1) in subsection (d)(2), by striking ``The Secretary may'' and
inserting ``Except as provided in subsection (i), the Secretary
may'';
(2) by redesignating subsection (i) as subsection (k); and
(3) by inserting after subsection (h) the following new
subsections:
``(i)(1) The Secretary may not establish a condition for a grant
under this section that restricts the ability of a State receiving such
a grant to inter in a veterans' cemetery owned by that State any
individual described in paragraph (2) solely by reason of the
ineligibility of such individual for burial in an open national
cemetery under the control of the National Cemetery Administration
under section 2402(a) of this title.
``(2) An individual described in this paragraph is the following:
``(A) Any member of a reserve component of the Armed Forces who
was discharged or released from service under conditions other than
dishonorable or whose death occurs under conditions other than
dishonorable while a member of such a reserve component.
``(B) Any member of the Army National Guard or the Air National
Guard who was discharged or released from service under conditions
other than dishonorable or whose death occurs under conditions
other than dishonorable while a member of the Army National Guard
or the Air National Guard.
``(C) Any member of the Reserve Officers' Training Corps of the
Army, Navy, or Air Force whose death occurs under conditions other
than dishonorable while a member of the Reserve Officers' Training
Corps of the Army, Navy, or Air Force.
``(D) Any spouse of any member described in subparagraphs (A)
through (C).
``(E) Any minor child or unmarried adult child (as such terms
are defined in section 2402(a) of this title) of any member
described in subparagraphs (A) through (C).
``(j) The Secretary may not deny an application for a grant under
this section solely on the basis that the State receiving such grant
may use funds from such grant to expand, improve, operate, or maintain
a veterans' cemetery in which interment of individuals described in
subsection (i)(2) is allowed.''.
(b) Prohibition on Enforcing Certain Conditions on Grants for State
Veterans' Cemeteries.--The Secretary of Veterans Affairs may not
enforce a condition on a grant described in subsection (i)(1) of
section 2408 of title 38, United States Code, as added by subsection
(a), that was established before the date of the enactment of this Act.
(c) Plot Allowances.--Section 2303 of title 38, United States Code,
is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) the Secretary shall pay to the relevant State, agency,
political subdivision, or tribal organization, as the case may be,
the sum of $700 (as increased from time to time under subsection
(c)) as a plot or interment allowance for such veteran if the
veteran is buried (without charge for the cost of a plot or
interment) in a cemetery, or a section of a cemetery, that--
``(A) is used solely for the interment of persons who are--
``(i) eligible for burial in a national cemetery;
``(ii) members of a reserve component of the Armed
Forces not otherwise eligible for such burial or former
members of such a reserve component not otherwise eligible
for such burial who are discharged or released from service
under conditions other than dishonorable; or
``(iii) described in section 2408(i)(2) of this title;
and
``(B) is--
``(i) owned by a State or by an agency or political
subdivision of a State; or
``(ii) on trust land owned by, or held in trust for, a
tribal organization.''; and
(B) in paragraph (2), by inserting ``tribal organization,''
after ``of a State,''; and
(2) by adding at the end the following new subsection:
``(e) In this section, the terms `tribal organization' and `trust
land' have the meanings given those terms in section 3765 of this
title.''.
DIVISION DD--AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT
PROGRAM
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT
PROGRAM.
Subsection (g) of section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48; 38 U.S.C. 3001
note), as amended by section 4302 of the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315), is amended to read as follows:
``(g) Authorization of Appropriations.--Funds shall be made
available to carry out the pilot program under this section from funds
appropriated to, or otherwise made available to, the Department for the
payment of readjustment benefits, in the following amounts for a fiscal
year in which the Secretary carries out the pilot program:
``(1) For fiscal year 2019, $15,000,000.
``(2) For fiscal year 2020, $15,000,000.
``(3) For fiscal year 2021, $45,000,000.
``(4) For fiscal year 2022, $125,000,000.
``(5) For fiscal year 2023, $45,000,000.
``(6) For fiscal year 2024, $45,000,000.''.
DIVISION EE--EXTENSION OF VISA WAIVER PROGRAM FEES
SEC. 101. EXTENSION OF VISA WAIVER PROGRAM FEES.
Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1187(h)(3)(B)(iii)) is amended by striking ``September 30,
2027'' and inserting ``October 31, 2028''.
DIVISION FF--AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND USA
SEC. 101. AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND USA.
(a) Short Title.--This section may be cited as the ``Restoring
Brand USA Act''.
(b) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Treasury, subject to
subsections (c) and (d), and notwithstanding any other provision of
law, shall make available, from unobligated balances remaining
available from fees collected before October 1, 2020, and credited to
Travel Promotion Fund established under subsection (d) of the Travel
Promotion Act of 2009 (22 U.S.C. 2131(d)), $250,000,000 for the
Corporation for Travel Promotion (commonly known as ``Brand USA'').
(c) Inapplicability of Certain Requirements and Limitations.--The
limitations in subsection (d)(2)(B) of the Travel Promotion Act of 2009
shall not apply to amounts made available under subsection (b), and the
requirements in subsection (d)(3) of such Act shall not apply to more
than $50,000,000 of the amounts so available.
(d) Use of Funds.--Brand USA may only use funds provided under
subsection (b) to promote travel from countries whose citizens and
nationals are permitted to enter the United States.
(e) Report Required.--Not later than 60 days after the date of the
enactment of this Act, Brand USA shall submit to Congress a plan for
obligating and expending the amounts described in subsection (b).
DIVISION GG--COOPERATIVE PROJECT AGREEMENT
SEC. 101. AUTHORITY TO ENTER INTO COOPERATIVE PROJECT AGREEMENT.
Notwithstanding section 27(f) of the Arms Export Control Act (22
U.S.C. 2767(f)), the President may sign the cooperative project
agreement notified to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives in
congressional notification 04-22 received on March 5, 2022.
Notwithstanding section 27(g) of such Act (22 U.S.C. 2767(g)), any
defense articles that result from a cooperative project agreement shall
be subject to the requirements of section 36 of such Act (22 U.S.C.
2776).
DIVISION HH--OTHER MATTERS
TITLE I--CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS
SEC. 101. COVERED PERIODS FOR AFFECTED FOREIGN INSTITUTIONS.
Section 3510(e) of the Coronavirus Aid, Relief, and Economic
Security Act (20 U.S.C. 1001 note) is amended--
(1) in paragraph (1)(B)(ii), by striking ``2022'' and inserting
``2023''; and
(2) in paragraph (2), by striking ``subparagraph (B)(i)'' and
inserting ``paragraph (1)(B)(i)''.
TITLE II--NASA ENHANCED-USE LEASING EXTENSION ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ``NASA Enhanced-Use Leasing
Extension Act of 2022''.
SEC. 202. FINDINGS.
Congress finds the following:
(1) NASA uses enhanced-use leasing to enter into agreements
with private sector entities, State and local governments, academic
institutions, and other Federal agencies for lease of non-excess,
underutilized NASA properties and facilities.
(2) NASA uses enhanced-use leasing authority to support
responsible management of its real property, including to improve
the use of underutilized property for activities that are
compatible with NASA's mission and to reduce facility operating and
maintenance costs.
(3) In fiscal year 2019, under its enhanced-use lease
authority, NASA leased 65 real properties.
(4) In fiscal year 2019, NASA's use of enhanced-use leasing
resulted in the collection of $10,843,025.77 in net revenue.
(5) In fiscal year 2019, NASA used a portion of its enhanced-
use leasing revenues for repairs of facility control systems such
as lighting and heating, ventilation, and air conditioning.
(6) NASA's use of enhanced-use leasing authority can contribute
to reducing the rate of increase of the Agency's overall deferred
maintenance cost.
SEC. 203. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-EXCESS
PROPERTY OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.
Section 20145(g) of title 51, United States Code, is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022''.
TITLE III--CARES ACT SEMIANNUAL TESTIMONY
SEC. 301. CONGRESSIONAL TESTIMONY.
Section 4026(c) of division A of the CARES Act (15 U.S.C. 9060(c))
is amended--
(1) by striking ``quarterly'' and inserting ``semiannual''; and
(2) by adding at the end the following: ``This subsection shall
have no force or effect after December 31, 2027.''.
TITLE IV--HIDDEN FIGURES CONGRESSIONAL GOLD MEDAL
SEC. 401. HIDDEN FIGURES CONGRESSIONAL GOLD MEDAL.
Section 3(c) of Hidden Figures Congressional Gold Medal Act (Public
Law 116-68; 133 Stat. 1129) is amended by adding at the end the
following:
``(3) Transfer to katherine goble moore.--The gold medal
awarded in honor of Katherine Johnson under subsection (a)(1) shall
be given to her daughter, Katherine Goble Moore.''.
TITLE V--CONGRESSIONAL OVERSIGHT OF SENSITIVE PROGRAMS NOT COVERED BY
OTHER PROVISIONS OF LAW
SEC. 501. CONGRESSIONAL OVERSIGHT OF SENSITIVE PROGRAMS NOT COVERED
BY OTHER PROVISIONS OF LAW.
(a) Reports Required.--
(1) In general.--Not later than February 1 of each year, the
head of each covered element shall submit to congressional
leadership a report on each covered program carried out by that
covered element.
(2) Contents.--Each such report shall set forth--
(A) the total amount requested by the covered element for
covered programs within the budget submitted under section 1105
of title 31 for the fiscal year following the fiscal year in
which the report is submitted; and
(B) for each program in such budget that is a covered
program--
(i) a brief description of the program;
(ii) in the case of a procurement program, a brief
discussion of the major milestones established for the
program;
(iii) the actual cost of the program for each fiscal
year during which the program has been conducted before the
fiscal year during which that budget is submitted; and
(iv) the estimated total cost of the program and the
estimated cost of the program for--
(I) the current fiscal year;
(II) the fiscal year for which the budget is
submitted; and
(III) each of the four succeeding fiscal years
during which the program is expected to be conducted.
(b) Newly Designated Programs.--
(1) In general.--Not later than February 1 of each year, the
head of each covered element shall submit to congressional
leadership a report that, with respect to each new covered program
of that covered element, provides--
(A) notice of the designation of the program as a special
access program; and
(B) justification for such designation.
(2) Contents.--A report under paragraph (1) with respect to a
program shall include--
(A) the current estimate of the total program cost for the
program; and
(B) an identification, as applicable, of existing programs
or technologies that are similar to the technology, or that
have a mission similar to the technology, or that have a
mission similar to the mission, of the program that is the
subject of the notice.
(3) New covered program defined.--In this subsection, the term
``new covered program'' means a covered program that has not
previously been covered in a notice and justification under this
subsection.
(c) Revision in Classification of Programs.--
(1) In general.--Whenever a change in the classification of a
covered program of a covered element is planned to be made or
whenever classified information concerning a covered program of a
covered element is to be declassified and made public, the head of
the covered element shall submit to congressional leadership a
report containing a description of the proposed change or the
information to be declassified, the reasons for the proposed change
or declassification, and notice of any public announcement planned
to be made with respect to the proposed change or declassification.
(2) Period for submittal.--Except as provided in paragraph (3),
a report referred to in paragraph (1) shall be submitted not less
than 14 days before the date on which the proposed change,
declassification, or public announcement is to occur.
(3) Exception.--If the head of the covered element determines
that because of exceptional circumstances the requirement of
paragraph (2) cannot be met with respect to a proposed change,
declassification, or public announcement concerning a covered
program of the covered element, the head of the department or
agency may submit the report required by paragraph (1) regarding
the proposed change, declassification, or public announcement at
any time before the proposed change, declassification, or public
announcement is made and shall include in the report an explanation
of the exceptional circumstances.
(d) Revision of Criteria for Designating Programs.--Whenever there
is a modification or termination of the policy and criteria used for
designating a program of a covered element as a covered program, the
head of the covered element shall promptly notify congressional
leadership of such modification or termination. Any such notification
shall contain the reasons for the modification or termination and, in
the case of a modification, the provisions of the policy as modified.
(e) Initiation of Programs.--A covered program may not be initiated
by a covered element until--
(1) congressional leadership is notified of the program; and
(2) a period of 30 days elapses after such notification is
received.
(f) Limitation on Use of Funds.--No funds may be obligated or
expended by any covered element to carry out a covered program until
the head of the covered element has briefed congressional leadership on
the covered program.
(g) Definitions.--In this section:
(1) Covered element.--The term ``covered element'' means any
element or portion of the Federal Government that is not--
(A) a covered department or agency as defined in section
1152(g) of the National Defense Authorization Act for Fiscal
Year 1994 (50 U.S.C. 3348(g));
(B) the Department of Defense (which is required to submit
reports on special access programs under section 119 of title
10, United States Code);
(C) the National Nuclear Security Administration (which is
required to submit reports on special access programs under
section 3236 of the National Nuclear Security Administration
Act (50 U.S.C. 2426); or
(D) an element of the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Covered program.--The term ``covered program'' means any
special access program or similarly protected program established
under the authority of Executive Order 12356 (50 U.S.C. 3161 note;
relating to prescribing a uniform system for classifying,
declassifying, and safeguarding national security information), or
any successor Executive order, or any similar sensitive program
established anywhere in the Federal Government, including one
established at the direction of the President.
TITLE VI--FIREFIGHTER PAY
SEC. 601. FIREFIGHTER PAY.
Section 1701 of division B of the Extending Government Funding and
Delivering Emergency Assistance Act (5 U.S.C. 5547 note) is amended--
(1) by inserting ``or 2022'' after ``during 2021'' each place
it appears;
(2) in subsection (a)(1), by inserting ``and any services
during 2022 that generate payments payable in 2023'' after
``payable in 2022''; and
(3) in subsection (b), by inserting ``or 2022'' after ``in
2021''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.