[House Prints, 117th Congress]
[From the U.S. Government Publishing Office]
117th Congress}
2d Session } HOUSE OF REPRESENTATIVES
======================================================================
CONSOLIDATED APPROPRIATIONS ACT,
2022
----------
C O M M I T T E E P R I N T
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 2471 / Public Law 117 103
[Legislative Text and Explanatory Statement]
Book 1 of 2
Divisions A 09F
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
April 2022
U.S. GOVERNMENT PUBLISHING OFFICE
47-047 WASHINGTON : 2022
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COMMITTEE ON APPROPRIATIONS
----------
ROSA L. DeLAURO, Connecticut, Chair
MARCY KAPTUR, Ohio KAY GRANGER, Texas
DAVID E. PRICE, North Carolina HAROLD ROGERS, Kentucky
LUCILLE ROYBAL-ALLARD, California ROBERT B. ADERHOLT, Alabama
SANFORD D. BISHOP, Jr., Georgia MICHAEL K. SIMPSON, Idaho
BARBARA LEE, California JOHN R. CARTER, Texas
BETTY McCOLLUM, Minnesota KEN CALVERT, California
TIM RYAN, Ohio TOM COLE, Oklahoma
C. A. DUTCH RUPPERSBERGER, Maryland MARIO DIAZ-BALART, Florida
DEBBIE WASSERMAN SCHULTZ, Florida STEVE WOMACK, Arkansas
HENRY CUELLAR, Texas JEFF FORTENBERRY, Nebraska
CHELLIE PINGREE, Maine CHUCK FLEISCHMANN, Tennessee
MIKE QUIGLEY, Illinois JAIME HERRERA BEUTLER, Washington
DEREK KILMER, Washington DAVID P. JOYCE, Ohio
MATT CARTWRIGHT, Pennsylvania ANDY HARRIS, Maryland
GRACE MENG, New York MARK E. AMODEI, Nevada
MARK POCAN, Wisconsin CHRIS STEWART, Utah
KATHERINE M. CLARK, Massachusetts STEVEN M. PALAZZO, Mississippi
PETE AGUILAR, California DAVID G. VALADAO, California
LOIS FRANKEL, Florida DAN NEWHOUSE, Washington
CHERI BUSTOS, Illinois JOHN R. MOOLENAAR, Michigan
BONNIE WATSON COLEMAN, New Jersey JOHN H. RUTHERFORD, Florida
BRENDA L. LAWRENCE, Michigan BEN CLINE, Virginia
NORMA J. TORRES, California GUY RESCHENTHALER, Pennsylvania
CHARLIE CRIST, Florida MIKE GARCIA, California
ANN KIRKPATRICK, Arizona ASHLEY HINSON, Iowa
ED CASE, Hawaii TONY GONZALES, Texas
ADRIANO ESPAILLAT, New York
JOSH HARDER, California
JENNIFER WEXTON, Virginia
DAVID J. TRONE, Maryland
LAUREN UNDERWOOD, Illinois
SUSIE LEE, Nevada
Robin Juliano, Clerk and Staff Director
(ii)
C O N T E N T S
Page
Provisions Applying to All Divisions of the Consolidated Act___________ 1
Front Matter Explanatory Statement_____________________________________ 7
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I--Agricultural Programs_________________________________________ 11
Title II--Farm Production and Conservation Programs____________________ 20
Title III--Rural Development Programs__________________________________ 26
Title IV--Domestic Food Programs_______________________________________ 36
Title V--Foreign Assistance and Related Programs_______________________ 39
Title VI--Related Agencies and Food and Drug Administration____________ 40
Title VII--General Provisions__________________________________________ 44
DIVISION A--Explanatory Statement______________________________________ 63
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2022
Title I--Department of Commerce________________________________________ 153
Title II--Department of Justice________________________________________ 164
Title III--Science_____________________________________________________ 186
Title IV--Related Agencies_____________________________________________ 193
Title V--General Provisions____________________________________________ 196
DIVISION B--Explanatory Statement______________________________________ 209
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022
Title I--Military Personnel____________________________________________ 381
Title II--Operation and Maintenance____________________________________ 383
Title III--Procurement_________________________________________________ 390
Title IV--Research, Development, Test and Evaluation___________________ 396
Title V--Revolving and Management Funds________________________________ 397
Title VI--Other Department of Defense Programs_________________________ 397
Title VII--Related Agencies____________________________________________ 399
Title VIII--General Provisions_________________________________________ 399
DIVISION C--Explanatory Statement______________________________________ 441
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
Title I--Corps of Engineers--Civil_____________________________________ 773
Title II--Department of the Interior___________________________________ 780
Title III--Department of Energy________________________________________ 784
Title IV--Independent Agencies_________________________________________ 797
Title V--General Provisions____________________________________________ 800
DIVISION D--Explanatory Statement______________________________________ 803
(iii)
IV
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2022
Page
Title I--Department of the Treasury____________________________________ 1007
Title II--Executive Office of the President and Funds Appropriated to
the President__________________________________________________________ 1019
Title III--The Judiciary_______________________________________________ 1026
Title IV--District of Columbia_________________________________________ 1031
Title V--Independent Agencies__________________________________________ 1036
Title VI--General Provisions--This Act_________________________________ 1056
Title VII--General Provisions--Government-wide_________________________ 1062
Title VIII--General Provisions--District of Columbia___________________ 1078
DIVISION E--Explanatory Statement______________________________________ 1083
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022
Title I--Departmental Management, Operations, Intelligence, and
Oversight______________________________________________________________ 1165
Title II--Security, Enforcement, and Investigations____________________ 1169
Title III--Protection, Preparedness, Response, and Recovery____________ 1179
Title IV--Research, Development, Training, and Services________________ 1185
Title V--General Provisions____________________________________________ 1188
DIVISION F--Explanatory Statement______________________________________ 1203
v
Clerk's Note
This committee print provides a compilation of the enacted
text and applicable explanatory material for the Consolidated
Appropriations Act, 2022 (H.R. 2471, P.L. 117 09103).
The Act consists of 12 divisions related to regular annual
Appropriations matters (divisions A through L). Division N
contains the Ukraine Supplemental Appropriations Act, 2022,
which provides supplemental appropriations for fiscal year
2022. The Act also includes 20 additional divisions largely
unrelated to appropriations matters (divisions O through HH).
This compilation includes only the 12 divisions related to
regular appropriations matters (A 09L). It also includes the
front section of the Act, which contains provisions applicable
to the entire Act. (The bill's table of contents lists a
division M that was removed from the measure prior to
enactment.)
Divisions A through L are the products of negotiations
between the House and Senate Appropriations Committees on final
fiscal year 2022 appropriations for all 12 annual
appropriations bills.
The legislative text was submitted by Chair Rosa L. DeLauro
of the House Committee on Appropriations as a House amendment
to the Senate amendment to an unrelated bill pending in the
House, H.R. 2471. The House agreed to the measure on March 9,
2022. The Senate agreed to the measure on March 10, 2022.\1\
The President signed the legislation on March 15, 2022 and it
became Public Law 117 09103.
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\1\ The House agreed to the amendment in two parts, first by a vote
of 361 0969 (Roll Call No. 65) on divisions B, C, F, X, Z, and titles
II and III of division N, and then on the remaining divisions by a vote
of 260 09171, 1 present (Roll Call No. 66). The Senate agreed to the
amendment by a vote of 68 0931 (Record Vote No. 78).
---------------------------------------------------------------------------
Because an ``amendments-between-the-Houses'' process was
used instead of a conference committee, there is no conference
report and no ``joint Explanatory Statement of the managers''
for H.R. 2471. An Explanatory Statement relating to the House
amendment to H.R. 2471 was filed by Chair DeLauro in the
Congressional Record on March 9, 2022.\2\ Section 4 of the Act
provides that this Explanatory Statement ``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.''
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\2\ The Explanatory Statement appears in Books III and IV of the
March 9, 2022 Congressional Record. (See pages H1709 09H3215.)
---------------------------------------------------------------------------
For the convenience of users, the legislative text of each
appropriations division is paired with the applicable section
of the Explanatory Statement.
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
PROVISIONS APPLYING TO ALL DIVISIONS OF
THE CONSOLIDATED APPROPRIATIONS ACT
=======================================================================
Resolved by the Senate and House of Representatives of the
United States of America 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
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.
[Clerk's note.--Reproduced below are the introductory
paragraphs of the Explanatory Statement regarding H.R. 2471,
the Consolidated Appropriations Act, 2022.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
March 9, 2022, by Ms. DeLauro of Connecticut, Chair of the House
Committee on Appropriations. The Statement appears on page H1709 of
Book III.
---------------------------------------------------------------------------
EXPLANATORY STATEMENT SUBMITTED BY MS. DeLAURO, CHAIR OF THE HOUSE
COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO THE
SENATE AMENDMENT TO H.R. 2471, CONSOLIDATED APPROPRIATIONS ACT, 2022
The following is an explanation of the Consolidated
Appropriations Act, 2022.
This Act includes the 12 regular appropriations bills for
fiscal year 2022, supplemental appropriations for coronavirus
response and relief and for providing emergency assistance for
the situation in Ukraine, and other matter. The divisions
contained in the Act are as follows:
Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2022
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2022
Division C--Department of Defense Appropriations
Act, 2022
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2022
Division E--Financial Services and General
Government Appropriations Act, 2022
Division F--Department of Homeland Security
Appropriations Act, 2022
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2022
Division H--Department of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2022
Division I--Legislative Branch Appropriations Act,
2022
Division J--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2022
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2022
Division M--COVID Supplemental Appropriations Act,
2022
Division N--Ukraine Supplemental Appropriations
Act, 2022
Division O--Extensions and Technical Corrections
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
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act states that this explanatory statement
shall have the same effect with respect to the allocation of
funds and implementation of this legislation as if it were a
joint explanatory statement of a committee of conference.
Section 5 of the Act provides a statement of
appropriations.
Section 6 of the Act relates to the cost of living
adjustments for Members of Congress.
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 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''.
[Clerk's note.--Reproduced below is the material relating
to division A contained in the Explanatory Statement regarding
H.R. 2471, the Consolidated Appropriations Act, 2022.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
March 9, 2022 by Ms. DeLauro of Connecticut, Chair of the House
Committee on Appropriations. The Statement appears on page H1709 of
Book III.
---------------------------------------------------------------------------
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
CONGRESSIONAL DIRECTIVES
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 117-82 and Senate
Report 117-34 carries the same weight as language included in
this explanatory statement and should be complied with unless
specifically addressed to the contrary in this explanatory
statement. While some language is repeated for emphasis, it is
not intended to negate the language referred to above unless
expressly provided herein.
In cases in which the House or the Senate or this
explanatory statement has directed the submission of a report,
such report is to be submitted to both the House and Senate
Committees on Appropriations no later than 60 days after
enactment of this Act, unless otherwise directed.
Hereafter, in division A of this statement, the term `the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this agreement are
reminded that the Committees use the definitions for transfer,
reprogramming, and program, project, and activity as defined by
the Government Accountability Office (GAO) in GAO-04-261SP
Appropriations Law--Vol. I and GAO-05-734SP Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2022, accompanying Committee reports,
explanatory statements, and budget justifications. Program
activity structures are intended to provide a meaningful
representation of the operations financed by a specific budget
account by project, activity, or organization.
The agreement directs the Office of Budget and Program
Analysis (OBPA) of the U.S. Department of Agriculture (USDA) to
provide an organizational chart for each agency funded by this
Act to the division and subdivision level, as appropriate,
within 60 days of enactment of this Act. The agreement also
directs the Food and Drug Administration (FDA), the Commodity
Futures Trading Commission (CFTC), and the Farm Credit
Administration (FCA) to provide an organizational chart of each
agency, respectively, to the division and subdivision level, as
appropriate, within 60 days of enactment of this Act.
Further, USDA, FDA and CFTC should be mindful of
Congressional authority to determine and set final funding
levels for fiscal year 2023. Therefore, the agencies should not
presuppose program funding outcomes and prematurely initiate
action to redirect staffing prior to knowing final outcomes on
fiscal year 2023 program funding. The agreement directs OBPA to
provide the Committees with the number of staff years and
employees on board for each agency funded by this Act on a
monthly basis.
This agreement provides funding for Community Project
Funding/Congressionally Directed Spending. The bill includes
language in each account with such spending that the funding
``shall be for the purposes, and in the amounts, specified for
[the relevant 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.''
The agreement fully funds the request of the Department of
Agriculture for the costs of the fiscal year 2022 pay increase
and its increased contributions to the Federal Employees
Retirement System for the USDA agencies funded in this bill.
The agreement notes that the explanatory statement
accompanying the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2022 directs the Attorney General
to ensure implementation of evidence-based training programs on
de-escalation and the use-of-force, as well as on police
community relations, and the protection of civil rights, that
are broadly applicable and scalable to all Federal law
enforcement agencies. The agreement further notes that several
agencies funded by this Act employ Federal law enforcement
officers and are Federal Law Enforcement Training Centers
partner organizations. The agreement directs such agencies to
consult with the Attorney General regarding the implementation
of these programs for their law enforcement officers. The
agreement further directs such agencies to submit a report to
the Committees on Appropriations on their efforts relating to
such implementation no later than 180 days after consultation
with the Attorney General. In addition, the agreement directs
such agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of this
Act, on their efforts to so participate.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $54,710, 000 for the Office of the
Secretary. This includes an increase of $1,000,000 for the
Office of Partnership and Public Engagement (OPPE) for grants
under the 2501 program. OPPE is directed to use not more than
five percent of this sum for administrative costs.
Following the destruction of grain storage facilities
during the December 2021 tornado in Western Kentucky, there is
a need for temporary grain storage facilities to provide
storage capacity for the 2022 harvest season. The agreement
directs the Secretary to identify possible funding sources for
temporary ground storage facilities that can be built at public
and private inland waterway ports. The agreement further
directs the Secretary to submit a report to the Committees not
later than 30 days after enactment of this Act on the potential
funding options.
OFFICE OF THE SECRETARY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $7,203
Office of Homeland Security................................ 1,353
Office of Tribal Relations................................. 2,215
Office of Partnerships and Public Engagement............... 7,044
Office of Assistant Secretary for Administration........... 1,649
Departmental Administration................................ 23,282
Office of Assistant Secretary for Congressional Relations 4,480
and Intergovernmental Affairs.............................
Office of Communications................................... 7,484
------------
Total, Office of the Secretary......................... $54,710
------------------------------------------------------------------------
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $27,199,000 for the Office of the
Chief Economist.
The agreement provides $8,000,000 for policy research under
7 U.S.C. 3155 for entities with existing institutional capacity
to conduct complex economic and policy analysis and which have
a lengthy and well-documented record of conducting policy
analysis for the benefit of USDA, the Congressional Budget
Office, or the Congress. Of the amount provided for policy
research activities, $3,000,000 is provided for the Department
to focus efforts on entities that have developed models,
databases, and staff necessary to conduct in-depth analyses of
impacts of agriculture or rural development policy proposals on
rural communities, farmers, agribusiness, taxpayers, and
consumers. The Department is encouraged to fund regional and
State-level baseline projections in addition to currently
available national and international outlooks. The agreement
also continues to provide funding for the National Drought
Mitigation Center.
OFFICE OF HEARINGS AND APPEALS
The agreement provides $16,173,000 for the Office of
Hearings and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $11,337,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $84,746,000 for the Office of the
Chief Information Officer, of which not less than $69,672,000
is for cybersecurity requirements of the Department.
Office of the Chief Financial Officer
The agreement provides $7,118,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $1,426,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $35,328,000 for the Office of Civil
Rights. This includes an increase of $6,000,000 for addressing
program deficiencies identified by the Office of Inspector
General.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $108,397,000 for Agriculture
Buildings and Facilities. The agreement urges the Department to
provide updates on the One Neighborhood Initiative and future
space needs following the COVID-19 pandemic as soon as
possible.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $7,540,000 for Hazardous Materials
Management.
Office of Safety, Security, and Protection
The agreement provides $23,306,000 for the Office of
Safety, Security, and Protection. The agreement does not
provide funding for activities that are currently funded
through other resources such as the Working Capital Fund or
that have historically been funded through other means.
Office of Inspector General
The agreement provides $106,309,000 for the Office of
Inspector General.
Office of the General Counsel
The agreement provides $57,268,000 for the Office of the
General Counsel.
Office of Ethics
The agreement provides $4,277,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $3,327,000 for the Office of the
Under Secretary for Research, Education, and Economics. The
agreement includes $1,000,000 to further build out the planning
and management structure of AGARDA and hire staff. In addition,
the agreement includes $1,000,000 for the Secretary to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine as described in House Report 117-82.
Farmers throughout the country continue to face significant
adverse impacts associated with the phase-out of methyl
bromide. To address the need for soil fumigant alternatives,
especially for growers of carrots, strawberries, and tree nuts,
the agreement continues funding for NIFA and provides an
increase of $1,000,000 for ARS to prioritize broad spectrum
research for pre-plant and pre-harvest, commercial-scale methyl
bromide, metal sodium, and 1,3-dichlorppropene alternatives.
Economic Research Service
The agreement provides $87,794,000 for the Economic
Research Service (ERS). The agreement includes $1,000,000 for
expanding data modeling capabilities and $200,000 for life
cycle analysis for various biobased products.
The agreement recognizes that a lack of job opportunities
in some rural areas is causing more workers to commute greater
distances to urban areas from rural areas, but this increased
commuting does not represent an increase in access to services
for rural residents. Therefore, the agreement encourages ERS to
continue to coordinate its research work with the Federal
Office of Rural Health Policy to identify clear, consistent,
and data-driven methods for accurately defining rural areas in
the United States.
National Agricultural Statistics Service
The agreement provides $190,162,000 for the National
Agricultural Statistics Service (NASS), of which $46,850,000 is
for the Census of Agriculture. The agreement includes an
increase of $2,000,000 to expand the existing geospatial
program and $1,500,000 to resume the Cost of Pollination
survey.
The agreement expects NASS to continue its ongoing
activities at the frequency levels assumed in fiscal year 2021,
including Acreage, Crop Production and Grain Stocks; Barley
acreage and production estimates; the Bee and Honey Program;
the Chemical Use Data Series, including the collection of Fruit
Chemical Use data and Vegetable Chemical Use data in
alternating years; the feed costs components surveys; the
Floriculture Crops Report; and Fruit and Vegetable Reports,
including in-season forecasts for non-citrus fruit and tree nut
crops such as pecans.
The agreement directs NASS to continue to work with
stakeholders to better understand how to capture supplemental
information for certain crops to help offset data losses from
the discontinuation of agricultural statistics district level
estimates.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,633,496,000 for the Agricultural
Research Service (ARS), Salaries and Expenses.
The agreement expects extramural and intramural research to
be funded at no less than the fiscal year 2021 levels. The
agreement provides funding increases for Activated Foods;
AgTech Cooperative Agreements; Alternative Protein Research;
Ancient Crops; Animal Health and Agro/Bio Defense Program;
Appalachian Natural Products Research; Applied Epidemiological
Research; BARD; Barley Pest Initiative; Bee Genomic Sequencing;
Bovine Pleuropneumonia; Chronic Wasting Disease; Climate Hubs;
Coffee Germplasm; Coffee Leaf Rust; Cotton Blue Disease; Cotton
Seed Bug; Cover Crops and Cereal Grain Variety; Cover Crops
Research and Outreach; Cranberry Research; Crop Production
Systems; Dairy Forage Research; East Coast Shellfish Breeding;
Fertilizer Innovation Research; Genetic Oat Research; Genetic
Resistance; Grape Genetics; Healthy Soils Initiative; Hemp
Genomics; Herbicide Resistance Research; High Performance
Computing; Histomonas Research; Human Nutrition; Improving
Poultry Agricultural Fields; Integrated Plant and Animal
Production Systems; Little Cherry Disease; Livestock Genetic
Research; Methyl Bromide; Missouri River Basin; Mycotoxin Food
Safety; National Bio- and Agro Defense Facility; Peanut
Research; Pecan Genetic Research; Pecan Processing Research;
Pollinator Recovery, Education, and Research; Poultry Research;
Precision Aquaculture; Pulse Crop Quality; Pulse Health
Initiative; Rangeland Research; Reduce Mixed Infections in Warm
Water Aquaculture; Regenerative and Precision Agriculture for
Orchards; Repair and Maintenance; Small Fruits Research;
Sorghum Genetic Database; Strawberry Production Research; Sugar
Beet Research; Sugarcane Variety; Sustainable Aquaculture;
Sustainable and Advanced Technology Systems for Poultry
Processing; Tropical Grazing Land Pest Management; Whitefly;
and Wildfire Smoke Taint.
The highly perishable and labor-intensive nature of
strawberry production makes it an ideal test bed for innovative
automation technologies. The agreement provides $500,000 to
utilize innovative automation technologies to enhance
strawberry production using vertical farming.
BUILDINGS AND FACILITIES
The agreement provides $127,805,000 for ARS Buildings and
Facilities.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $1,046,244,000 for the National
Institute of Food and Agriculture (NIFA), Research and
Education Activities.
With the innovations and advancements in organic and grass-
fed dairy research, the agreement encourages NIFA to consider
research projects that lead to innovation in infant nutritional
organic and grass-fed dairy products.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act.......................... 7 U.S.C. 361a-i....... $260,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 36,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 80,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 5,500
Education Grants for 1890 7 U.S.C. 3152(b)...... 28,500
Institutions.
Scholarships at 1890 Institutions.. 7 U.S.C. 3222a........ 10,000
Centers of Excellence at 1890 7 U.S.C. 5926(d)...... 10,000
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241......... 14,000
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 4,000
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 4,500
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 5,000
Grant Colleges of Agriculture.
New Beginning for Tribal Students.. 7 U.S.C. 3222e........ 5,000
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000
and 3363.
Agriculture and Food Research 7 U.S.C. 3157......... 445,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 9,500
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 3,500
Continuing Animal Health and 7 U.S.C. 3151a........ 4,000
Disease Research Program.
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 2,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 10,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 900
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 45,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,000
Sun Grant Program.................. 7 U.S.C. 8114......... 3,500
Research Equipment Grants.......... 7 U.S.C. 3310a........ 5,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925......... 3,500
Systems Research Program.
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(e)...... 14,500
Agricultural Genome to Phenome 7 U.S.C. 5924......... 2,000
Initiative.
Special Research Grants:........... 7 U.S.C. 450i(c)...... ...........
Global Change/UV Monitoring...... ...................... 1,400
Potato Research.................. ...................... 3,000
Aquaculture Research............. ...................... 2,000
Total, Special Research Grants. ...................... 6,400
------------
Necessary Expenses of Research and ...................... ...........
Education Activities:
Grants Management System........... ...................... 7,924
Federal Administration--Other ...................... 12,020
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses...... ...................... 19,944
------------
Total, Research and Education ...................... $1,046,244
Activities.
============
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $550,605,000 for NIFA, Extension
Activities.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $320,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 65,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 9,500
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 21,500
Institutions.
Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,060
Rural Health and Safety Education 7 U.S.C. 2662(i)...... 5,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,500
Database Program.
Women and Minorities in STEM Fields 7 U.S.C. 5925......... 1,000
Food Safety Outreach Program....... 7 U.S.C. 7625......... 10,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 2,500
Farmer Stress Assistance Network... 7 U.S.C. 5936......... 10,000
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d)....... ...........
Food and Nutrition Education..... ...................... 70,000
Farm Safety and Youth Farm Safety ...................... 5,000
Education Programs.
New Technologies for Agricultural ...................... 3,550
Extension.
Children, Youth, and Families at ...................... 8,395
Risk.
Federally Recognized Tribes ...................... 3,500
Extension Program.
Total, Section 3(d)............ ...................... 90,445
------------
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 1,000
Federal Administration--Other ...................... 8,100
Necessary Expenses for Extension
Activities.
Total, Necessary Expenses...... ...................... 9,100
------------
Total, Extension Activities.... ...................... $550,605
============
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
The agreement provides $40,000,000 for NIFA, Integrated
Activities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 7,500
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,500
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 20,000
Program.
Total, Integrated Activities... ...................... $40,000
============
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $1,577,000 for the Office of the
Under Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,110,218,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and Expenses.
The agreement provides a net increase of $46,039,000 for
high priority initiatives in order to protect the plant and
animal resources of the Nation from pests and diseases. Within
the increase total, the agreement includes the following:
$3,000,000 for the Equine, Cervid, and Small Ruminant Health
program to help address chronic wasting disease; $2,000,000 for
Cattle Health to combat the cattle fever tick; $4,000,000 for
Veterinary Diagnostics to continue the transition and carry out
programs at the National Bio and Agro-defense Facility;
$500,000 for Zoonotic Disease Management to combat
antimicrobial resistance; $1,000,000 for the Cotton Pests
program to continue eradication efforts against the cotton boll
weevil; $2,500,000 for Specialty Crop Pests for the control and
eventual eradication of the spotted lanternfly ($1,000,000),
European cherry fruit fly ($1,000,000), and apple snails
[Pomaceae maculate] ($500,000); $3,170,000 for Wildlife Damage
Management to reduce blackbird depredation in the Northern
Great Plains ($250,000), to assist producers in combatting the
persistent threat and economic hardship caused by cormorants,
pelicans, and other birds ($500,000), to develop best
management practices for body gripping traps where current use
increases the risk of non-target capture ($300,000), to
continue feral swine eradication efforts ($1,000,000), and to
hire personnel to implement non-lethal livestock-predator
conflict deterrence techniques ($1,120,000); $2,000,000 for
Wildlife Services Methods Development for chronic wasting
disease work at the National Wildlife Research Center; $250,000
to Emergency Preparedness and Response for the AgDiscovery
Program; $2,000,000 for the Safe Trade and International
Technical Assistance program to support the implementation of
the Lacey Act ($1,000,000) and to strengthen APHIS' oversight
of imported dogs ($1,000,000); $1,000,000 for the Horse
Protection Program. In addition, the agreement includes
$8,500,000 in this account for Huanglongbing Multi-Agency
Coordination (HLB-MAC) projects and maintains the Emergency
Support Function #11 (ESF #11) within APHIS.
The agreement provides no less than $14,000,000 for cervid
health activities, of which $10,000,000 shall be for APHIS to
allocate funds directly to State departments of wildlife, State
departments of agriculture, and Native American Tribes to
further develop and implement chronic wasting disease (CWD)
surveillance, testing, management, and response activities. In
allocating these funds, APHIS shall give priority to States
that have experienced a recent incident of CWD, have a CWD
monitoring and surveillance program, and have a diagnostic
laboratory system certified for CWD testing. Within the
remaining $4,000,000 provided, APHIS should give consideration
to indemnity payments if warranted. In addition, the agreement
provides an increase of $2,000,000 for Wildlife Services
Methods Development for CWD work at the National Wildlife
Research Center, and directs APHIS to continue working with
University collaborators to provide research support to the
overall effort to detect, combat, and control CWD.
The Committees are pleased that APHIS has confirmed that it
has stopped the use of teachable moments and directs it to
continue to do so and to ensure that all inspectors' findings
are documented in inspection reports.
However, the Committees are concerned about the ongoing
mis-management of APHIS's Animal Care program. News reports
have repeatedly documented long and inexplicable delays by
APHIS in acting against blatant violations of the Animal
Welfare Act that resulted in the illness and death of many
animals under APHIS's jurisdiction.
The Committees intend to monitor APHIS's compliance with
the directives adopted in this statement and in the House and
Senate reports, as well as its fulfillment of its statutory and
regulatory responsibilities with respect to animals.
The following table reflects the agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $38,486
Aquatic Animal Health...................................... 2,306
Avian Health............................................... 63,833
Cattle Health.............................................. 108,500
Equine, Cervid, and Small Ruminant Health.................. 32,284
National Veterinary Stockpile.............................. 5,751
Swine Health............................................... 25,390
Veterinary Biologics....................................... 20,898
Veterinary Diagnostics..................................... 61,414
Zoonotic Disease Management................................ 20,282
------------
Subtotal, Animal Health.................................. 379,144
Agricultural Quarantine Inspection (Appropriated).......... 33,849
Cotton Pests............................................... 14,725
Field Crop & Rangeland Ecosystems Pests.................... 11,137
Pest Detection............................................. 28,218
Plant Protection Methods Development....................... 21,217
Specialty Crop Pests....................................... 209,553
Tree & Wood Pests.......................................... 61,217
------------
Subtotal, Plant Health................................... 379,916
Wildlife Damage Management................................. 116,312
Wildlife Services Methods Development...................... 23,363
------------
Subtotal, Wildlife Services.............................. 139,675
Animal & Plant Health Regulatory Enforcement............... 16,697
Biotechnology Regulatory Services.......................... 19,262
------------
Subtotal, Regulatory Services............................ 35,959
Contingency Fund........................................... 491
Emergency Preparedness & Response.......................... 42,021
------------
Subtotal, Emergency Management........................... 42,512
Agriculture Import/Export.................................. 17,928
Overseas Technical & Trade Operations...................... 24,333
------------
Subtotal, Safe Trade..................................... 42,261
Animal Welfare............................................. 32,256
Horse Protection........................................... 3,040
------------
Subtotal, Animal Welfare................................. 35,296
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,163
Rent and DHS Payments...................................... 42,567
------------
Subtotal, Agency Management.............................. 51,981
Congressionally Directed Spending.......................... 3,474
============
Total, Direct Appropriation............................ $1,110,218
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The agreement provides $226,657,000 for Agricultural
Marketing Service (AMS), Marketing Services.
The agreement includes the following increases: $432,000
for GSA rent and security as requested in the budget;
$2,000,000 for the National Organic Standards program; $500,000
for the Organic Production and Market Data Initiative; $500,000
for Transportation Services; $500,000 for local food hubs;
$1,000,000 for the Acer Access and Development Program; and
$1,000,000 for oversight and enforcement of the Packers and
Stockyards Act.
The agreement includes $25,000,000 for the Dairy Business
Innovation Initiatives program and $5,000,000 for the Micro-
grants for Food Security Program.
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement provides a limitation on administrative
expenses of $61,786,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $20,817,000 for Funds for
Strengthening Markets, Income, and Supply.
The following table reflects the status of this fund:
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).............. $21,685,752
Less Transfers:
Food and Nutrition Service......................... -19,968,083
Commerce Department................................ -253,669
------------------
Total, Transfers................................. -20,221,752
Budget Authority, Farm Bill.......................... 1,464,000
Appropriations Temporarily Reduced--Sequestration.. -72,789
------------------
Budget Authority, Appropriations Act................. 1,391,211
Less Obligations:
Child Nutrition Programs (Entitlement Commodities). 485,000
State Option Contract.............................. 5,000
Removal of Defective Commodities................... 2,500
Disaster Relief.................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases.. 206,000
Fresh Fruit and Vegetable Program.................. 187,000
Estimated Future Needs............................. 443,084
------------------
Total, Commodity Procurement..................... 1,333,584
Administrative Funds:
Commodity Purchase Support......................... 36,810
Marketing Agreements and Orders.................... 20,817
------------------
Total, Administrative Funds...................... 57,627
------------------
Total Obligations................................ $1,391,211
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The agreement provides $1,235,000 for Payments to States
and Possessions.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The agreement includes a limitation on inspection and
weighing services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The agreement provides $1,077,000 for the Office of the
Under Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,108,664,000 for the Food Safety
and Inspection Service.
This amount includes an increase of $5,000,000 for
information technology modernization; $2,800,000 to address the
persistently high levels of public health veterinarian
vacancies; and $5,000,000 to continue the reduced user fees for
small and very small establishments as established by the
American Rescue Plan Act of 2021. The Act also includes
$1,000,000 for the inspection of wild caught invasive species
in the order siluriformes and family Ictaluridae, including
blue catfish in the Chesapeake Bay. In addition, $12,525,000 is
provided in Title VII of the Act for costs associated with the
Goodfellow move.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.............................................. $989,767
State................................................ 66,875
International........................................ 17,442
Public Health Data Communications Infrastructure 34,580
System..............................................
Total, Food Safety and Inspection Service........ $1,108,664
==================
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $1,687,000 for the Office of the
Under Secretary for Farm Production and Conservation.
The agreement notes that the Extending Government Funding
and Delivering Emergency Assistance Act (Public Law 117-42)
provided $10,000,000,000 for disaster assistance to aid
producers who suffered losses due to droughts, hurricanes,
wildfires, floods and other qualifying disasters in calendar
years 2020 and 2021. The funding included $750,000,000 for
livestock producers for losses incurred during 2021 due to
drought or wildfire. The agreement remains concerned about the
impacts of these natural disasters and directs the Department
to expeditiously distribute the assistance to help our
producers and ranchers recover and maintain their operations.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $238,177,000 for the Farm Production
and Conservation (FPAC) Business Center. In addition,
$60,228,000 is transferred from the Commodity Credit
Corporation.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,173,070,000 for Farm Service
Agency (FSA), Salaries and Expenses, and includes funding for
partnerships and cooperative agreements to conduct better
outreach and program access, and for temporary staff. The
agreement expects FSA to fund the Urban Agriculture Initiative.
The agreement remains concerned by the foreign purchase of
American agricultural land and the potential detrimental
impacts such ownership could have. The agreement also
recognizes the threats to food security and rural economies
posed by higher rates of agricultural land purchased by non-
farming entities, including private equity firms and foreign-
owned corporations, due to an aging farmer population and
decreasing number of individuals entering into farming and
ranching. Within 180 days of enactment of this Act, the
agreement directs USDA to submit a report regarding data on
foreign-owned agricultural land trends including land owned, or
partially owned, by the governments of China, Russia, Iran, or
North Korea over the past decade and projections for the next
decade based off of previous trends, and the potential impacts
on the American agricultural sector, food security, and rural
economies. In addition, USDA is directed to submit to the
Committees on Appropriations and Committees on Agriculture in
the House and Senate the annual report completed in December on
``Foreign Holdings of U.S. Agricultural Lands.''
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,173,070
Transfer from ACIF....................................... 294,114
Total, FSA Salaries and expenses....................... $1,467,184
============
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $7,000,000 for State Mediation
Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The agreement provides $6,500,000 for the Grassroots Source
Water Protection Program.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The agreement provides such sums as may be necessary for
the Dairy Indemnity Program.
The agreement is aware that some dairy farms are unable to
sell their milk as a result of contamination from a family of
synthetic chemicals, collectively known as ``PFAS'' chemicals.
The agreement notes USDA updated the Dairy Indemnity Payment
Program (DIPP) to provide additional options to dairy producers
impacted by PFAS contamination, and looks forward to continuing
to work with USDA, other state and Federal partners, and
producers to mitigate the impacts of PFAS.
GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS
The agreement provides $3,000,000 for the Reimbursement
Transportation Cost Payment Program for Geographically
Disadvantaged Farmers and Ranchers.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $10,385,908,000 for the ACIF program
account.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................... $2,800,000
Guaranteed............................................... 3,500,000
Subtotal, Farm Ownership Loans........................... 6,300,000
------------
Farm Operating Loans:
Direct................................................... 1,633,333
Unsubsidized Guaranteed.................................. 2,118,482
Subtotal, Farm Operating Loans........................... 3,751,815
------------
Emergency Loans............................................ 37,668
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans-Guaranteed.............................. 150,000
Relending Program.......................................... 61,425
Indian Highly Fractionated Land............................ 5,000
Boll Weevil Eradication.................................... 60,000
Total, Loan Authorizations............................. 10,385,908
============
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................... 40,017
Unsubsidized Guaranteed.................................. 16,524
Subtotal, Farm Operating Subsidies....................... 56,541
------------
Emergency Loans............................................ 267
Relending Program.......................................... 5,000
Indian Highly Fractionated Land............................ 407
Total, Loan Subsidies.................................. 62,215
============
ACIF Expenses:
Salaries and Expenses.................................... 294,114
Administrative Expenses.................................. 20,658
Total, ACIF Expenses................................... $314,772
============
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The agreement provides $62,707,000 for the Risk Management
Agency, Salaries and Expenses, including funding for additional
hires devoted to underserved communities.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $904,396,000 for Natural Resources
Conservation Service (NRCS), Conservation Operations.
The agreement provides $9,488,000 for the Snow Survey and
Water Forecasting Program; $10,540,000 for the Plant Materials
Centers, of which $1,000,000 is for climate smart agriculture;
$84,444,000 for the Soil Surveys Program, of which $5,000,000
is for maintaining relevant soil surveys; and $759,813,000 for
Conservation Technical Assistance, of which $14,000,000 is for
the Grazing Lands Conservation Initiative, $3,000,000 is for
climate smart agriculture, and $1,000,000 is for the ongoing
Soil Health Initiative. The agreement also includes $8,500,000
for the Urban Agriculture and Innovative Production Program,
$7,000,000 for the Healthy Forests Reserve Program, and
$5,000,000 for a cost-share program for the construction and
repair of perimeter fencing.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The agreement provides $100,000,000 for Watershed and Flood
Prevention Operations (WFPO). The agreement notes that WFPO
received an additional $500,000,000 in the Infrastructure
Investment and Jobs Act (Public Law 117-58).
WATERSHED REHABILITATION PROGRAM
The agreement provides $1,000,000 for the Watershed
Rehabilitation Program. The agreement notes that the Watershed
Rehabilitation Program received an additional $118,000,000 in
the Infrastructure Investment and Jobs Act (Public Law 117-58).
CORPORATIONS
Federal Crop Insurance Corporation Fund
The agreement provides such sums as may be necessary for
the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides such sums as may be necessary for
Reimbursement for Net Realized Losses of the Commodity Credit
Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $15,000,000 for
Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $1,580,000 for the Office of the
Under Secretary for Rural Development.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $300,285,000 for Rural Development,
Salaries and Expenses. This amount includes an additional
$25,000,000 for staffing resources (up to $5,000,000 within
this amount for the Strikeforce Initiative), $2,000,000 for
Information Technology development, modernization, or
enhancement, $2,000,000 for contract services, and a $1,000,000
increase to expand the ``Placemaking Initiative''.
The agreement provides up to $5,000,000 to begin piloting
the StrikeForce Initiative and directs the Secretary to submit
a report that includes key performance measures to evaluate the
success of this new initiative within 90 days of enactment of
this Act, as well as monthly updates on the rollout of the
program.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total subsidy of $487,550,000 for
activities under the Rural Housing Insurance Fund Program
Account.
The following table indicates loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502)
Direct................................................... $1,250,000
Unsubsidized guaranteed.................................. 30,000,000
Housing repair (sec. 504).................................. 28,000
Rental housing (sec. 515).................................. 50,000
Multi-family guaranteed (sec. 538)......................... 250,000
Site development loans (sec. 524).......................... 5,000
Credit sales of acquired property.......................... 10,000
Self-help housing land development (sec. 523).............. 5,000
Farm labor housing......................................... 28,000
Total, Loan authorizations............................. $31,626,000
============
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)
Direct................................................... $23,250
Housing repair (sec. 504).................................. 484
Rental housing (sec. 515).................................. 4,470
Multifamily Housing Revitalization......................... 34,000
Farm labor housing (sec. 514).............................. 2,831
Site development loans (sec. 524).......................... 206
Self-help land development (sec. 523)...................... 55
Total, loan subsidies.................................... 65,296
------------
Farm labor housing grants.................................. 10,000
Total, loan subsidies and grants......................... 75,296
------------
Administrative expenses (transfer to RD)................... 412,254
Total, Loan subsidies, grants, and administrative $487,550
expenses..............................................
============
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,450,000,000 for the Rental
Assistance Program.
Rural Housing Voucher Account
The agreement provides $45,000,000 for the Rural Housing
Voucher Account.
MUTUAL AND SELF-HELP HOUSING GRANTS
The agreement provides $32,000,000 for Mutual and Self-Help
Housing Grants.
RURAL HOUSING ASSISTANCE GRANTS
The agreement provides $48,000,000 for Rural Housing
Assistance Grants.
The following table reflects the grant levels provided by
the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants...................... $32,000
Housing preservation grants................................ 16,000
Total, grant program................................... $48,000
============
------------------------------------------------------------------------
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $239,449,000 for the Rural Community
Facilities Program Account.
In administering the Rural Community Facilities program
funds, the agreement encourages USDA to prioritize areas that
were severely impacted by devastating tornado damage in 2021.
The following table reflects the loan, subsidy, and grant
amounts provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans.......................................... $2,800,000
CF guaranteed loans...................................... 650,000
Loan subsidies and grants:
CF grants................................................ 40,000
Community Funded Projects/Congressionally Directed 183,449
Spending................................................
Rural Community Development Initiative................... 6,000
Tribal college grants.................................... 10,000
Total, subsidy and grants.............................. $239,449
============
------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $73,125,000 for the Rural Business
Program Account.
The agreement provides a $250,000,000 increase for Business
and Industry Guaranteed loans and notes the Department's recent
announcement of new meat processing capacity and supply chain
programs funded by the American Rescue Plan Act.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................... $1,250,000
Loan subsidy and grants:
Business and industry guaranteed loans................... 25,125
Rural business development grants........................ 37,000
Delta Regional Authority/ARC/NBRC........................ 9,000
Rural Innovation Stronger Economy (RISE) grants.......... 2,000
Total, Rural Business Program subsidy and grants....... $73,125
============
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $5,992,000 for the Intermediary
Relending Program Fund Account.
The following table reflects the loan and subsidy levels
provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level..................................... $18,889
Subsidies and administrative expenses:
Direct loan subsidy level................................ 1,524
Administrative Expenses.................................. 4,468
Subtotal, subsidies and administrative expenses........ $5,992
============
------------------------------------------------------------------------
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
The agreement provides $50,000,000 for the Rural Economic
Development Loans Program Account.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The agreement provides $27,600,000 for Rural Cooperative
Development Grants. Of the amounts made available $13,000,000
is for the Value-Added Producer Grant Program, $3,000,000 is
for Agriculture Innovation Centers, and $2,800,000 for the
Appropriate Technology Transfer for Rural Areas Program.
Rural Microentrepreneur Assistance Program
The agreement provides $6,500,000 for the Rural
Microentrepreneur Assistance Program.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $12,920,000 for the Rural Energy for
America Program in addition to resources provided in the
Agriculture Improvement Act of 2018.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level..................................... $50,000
Subsidies and administrative expenses:
Loan subsidy level....................................... 420
REAP grants.............................................. 12,500
Total, subsidy and grants.............................. $12,920
============
------------------------------------------------------------------------
HEALTHY FOOD FINANCING INITIATIVE
The agreement provides $5,000,000 for the Healthy Food
Financing Initiative.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $653,307,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans....................... $1,400,000
Water and waste guaranteed loans................... 50,000
Subsidies and grants:
Water and waste direct loan subsidy................ 0
Guaranteed loan subsidy............................ 45
Water and waste revolving fund..................... 1,000
Water well system grants........................... 5,000
Grants for Colonias, Native Americans, and Alaska 70,000
Native Villages...................................
Water and waste technical assistance grants........ 37,500
Circuit Rider program.............................. 20,762
Solid waste management grants...................... 4,000
High energy cost grants............................ 10,000
Water and waste disposal grants.................... 490,000
306A(i)(2) grants.................................. 15,000
Total, subsidies and grants...................... $653,307
==================
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $46,840,000 for activities under the
Rural Electrification and Telecommunications Loans Program
Account.
The following table indicates loan levels provided by the
agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB........................................ $6,500,000
Guaranteed underwriting............................ 750,000
Rural Energy Savings Program....................... 208,333
Subtotal, electric................................. 7,458,333
------------------
Telecommunications:
Direct, treasury rate.............................. 690,000
Loan subsidy:
Direct, treasury rate.............................. 2,070
Rural Energy Savings Program....................... 11,500
Administrative expenses.............................. 33,270
Total, budget authority.......................... $46,840
==================
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $536,387,000 for the Distance
Learning, Telemedicine, and Broadband Program. The Act provides
$3,000,000 to address critical healthcare needs, as authorized
by section 379G of the Consolidated Farm and Rural Development
Act. The agreement also provides $2,272,000 for the broadband
deployment programs authorized in the Agriculture Improvement
Act of 2018. Within that amount, $500,000 is provided for the
Middle Mile program. The agreement directs the Department to
provide the Committees with the subsidy rate and the regulatory
process required for this new program within 60 days of
enactment of this Act.
The agreement provides $486,605,000 for the ReConnect
pilot, which was established in the Consolidated Appropriations
Act, 2018 (Public Law 115-141). This includes $50,000,000 from
the Cushion of Credit account. The agreement notes that the
Infrastructure Investment and Jobs Act (IIJA) provided an
additional $2,000,000,000 for the ReConnect program, and the
agreement directs the Department to announce funding
availability in a timely manner and with multiple rounds to
continue to improve the program administration based on
stakeholder feedback. The agreement is concerned that the most
recent funding announcement dictates build out speeds that are
not technology neutral and could inflate deployment and
consumer access costs. Therefore, the Act sets the build out
speeds to ensure that all broadband technologies have equal
access to the program. In addition, the agreement encourages
the Secretary to eliminate or revise the awarding of extra
points under the ReConnect program to applicants from States
without restrictions on broadband delivery by utilities service
providers in order to ensure this criterion is not a
determining factor for funding awards. The agreement encourages
Rural Development to work to expeditiously disburse ReConnect
funds once grants and loans are awarded. Additionally, the
agreement encourages the Department to examine, and
appropriately adjust and lower the collateral requirements
within ReConnect Loan Agreements, Grant Agreements, or Loan/
Grant Agreements to ensure greater Program access. The
agreement encourages the Department to continue to update the
program and review process to make ReConnect more efficient,
including collaborating with the Rural Electric Division to
ensure that all utilities and broadband technologies are
treated equally in the application process. The agreement
directs the Secretary to allow entities of any structure,
including partnerships and infrastructure applications, to
apply provided sufficient assurances are given that broadband
service will be provided to the subject area through
contractual arrangements. In addition, the agreement reminds
USDA to avoid efforts that could duplicate existing networks
built by private investment or those built leveraging and
utilizing other Federal programs and to continue to coordinate
with the National Telecommunications Information Administration
and the Federal Communications Commission in a transparent
manner to ensure wherever possible that any funding provided to
support deployment of last-mile broadband infrastructure is
targeted to areas that are currently unserved. In any areas,
study areas, or census blocks outside an area where a Tribal
government has jurisdiction, and where a provider is already
subject to a buildout obligation of 25/3 Mbps or greater for
fixed terrestrial broadband pursuant to a commitment to another
government entity, RUS Telecommunications Program should take
that funding into account to prevent the duplication of
services financed by Federal support. Entities subject to such
existing commitment applying for ReConnect funds to bring
service offerings to the ReConnect build-to speed should be
given a scoring preference by RUS. This shall include areas
pending FCC final approval of an award of High-Cost USF funds
for two years after the applicable Long Form application
deadline. Further, the agreement encourages the agency to
prioritize projects financed through public-private
partnerships and projects where Federal funding will not exceed
50 percent of the project's total cost. The agreement also
supports efforts to increase transparency and encourages the
Secretary to follow the notice and comment rulemaking
procedures of the Administrative Procedure Act (Public Law 79-
404) with respect to all program administration and activities,
including publishing a written decision on RUS' website of how
challenges were decided and the agency's reasons for such
decision. In addition, the agreement encourages the Department
to hold listening sessions prior to announcing the next round
of funding availability and to address comments made during
those sessions in the funding announcement to increase
transparency. Finally, the agreement is concerned that states
and territories outside the contiguous United States are having
difficulty participating with the USDA broadband programs, and
encourages the Secretary to consider grants or loans for
satellite, or other technologies, if such middle mile
infrastructure predominantly serves a ``rural area'' as defined
in section 601(b) and do not lead to overbuilding.
The following table indicates loan levels provided by the
agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Subsidy and grants:
Distance learning and telemedicine grants.......... $60,000
DLT Congressionally Directed Spending.............. 2,510
Broadband ReConnect Loans and Grants............... 400,000
ReConnect Community Project Funding................ 36,605
Broadband telecommunications program:
Direct (treasury rate loans)....................... 2,272
Community Connect Grants........................... 35,000
Total, subsidies and grants...................... $536,387
==================
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $1,327,000 for the Office of the
Under Secretary for Food, Nutrition, and Consumer Services.
The agreement recognizes all Federal feeding programs
should be accessible to those with culturally or religiously
sensitive diets, including kosher and halal. The agreement
urges the Secretary to seek input from Jewish and Muslim
community leaders on this issue, and requests a report within
120 days from the enactment of this Act on how to overcome the
challenges of incorporating kosher and halal food into The
Emergency Food Assistance Program, the National School Lunch
Program, and the School Breakfast Program.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $26,883,922,000 for Child Nutrition
Programs.
The agreement recognizes the value of the Farm to School
program and is interested in ensuring the program becomes
scalable and replicable across states. Of the grant funds
provided, the agreement directs the Secretary to use $500,000
for cooperative agreements to support the continued expansion
of Farm to School Institutes throughout the country for the
purposes of connecting schools with local farmers and ranchers
and providing training and technical assistance.
The agreement understands that Summer Electronic Benefit
Transfer (EBT) has proven to lower food insecurity among
children during the summer months when school is not in
session. The agreement provides an increase of $3,000,000 and
encourages the Department to expand the program.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program................................. $14,665,855
School breakfast program............................. 5,188,750
Child and adult care food program.................... 4,314,605
Summer food service program.......................... 581,074
Special milk program................................. 6,250
State administrative expenses........................ 332,000
Commodity procurement................................ 1,567,663
Team Nutrition....................................... 18,004
Food safety education................................ 3,048
Coordinated review................................... 10,000
Computer support and processing...................... 26,753
CACFP training and technical assistance.............. 41,498
Child Nutrition Program studies and evaluations...... 15,607
Child Nutrition payment accuracy..................... 11,656
Farm to school tactical team......................... 6,159
School meals equipment grants........................ 30,000
Summer EBT demonstration............................. 45,000
Child Nutrition Training............................. 2,000
Farm to School Grants................................ 12,000
School Breakfast Expansion........................... 6,000
Total............................................ $26,883,922
==================
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For the Special Supplemental Nutrition Program for Women,
Infants, and Children, the agreement provides $6,000,000,000,
which fully funds expected participation in fiscal year 2022.
The agreement includes $90,000,000 for the breastfeeding peer
counselor program and $14,000,000 for infrastructure.
The work of the National Academies of Science (NAS) to
review and make recommendations for updating the WIC food
packages to reflect current science and cultural factors is
recognized. The agreement notes, however, that while all
revised packages now allow some fish, the amounts remain low
compared to the recommendations of other authoritative health
agencies. The agreement strongly encourages the Department to
consider the health and cultural benefits of fish consumption
as the NAS recommendations are reviewed and used to inform the
Department's next course of action. The agreement also strongly
encourages the Department to continue to allow states to submit
cultural food package proposals to respond to the cultural
preferences of WIC participants in states like Alaska.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $140,440,868,000 for the
Supplemental Nutrition Assistance Program (SNAP).
The agreement supports the implementation of the National
Accuracy Clearinghouse (NAC), as written in the Agriculture
Improvement Act of 2018. The Department is directed to move
expeditiously in its implementation, as it is months behind in
initial matches, so as to prevent duplicative issuances of SNAP
benefits and uphold program accountability. When the USDA
implements the NAC, the agreement urges the Department to allow
States to use a blended workforce including contractors and
subcontractors who have the capability to use complex match
technology with multiple data elements and administer an
appeals process, ensuring households are not automatically
removed from receiving benefits.
The Department is reminded that SNAP funding is not to be
used in contravention of section 107(b) of Division A of the
Victims of Trafficking and Violence Protection Act of 2000.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits................................................ $127,379,769
Contingency reserve..................................... 3,000,000
Administrative costs:
State administrative costs............................ 5,536,316
Nutrition Education and Obesity Prevention Grant 464,000
Program..............................................
Employment and Training............................... 635,829
Mandatory other program costs......................... 343,354
Discretionary other program costs..................... 3,998
Administrative subtotal................................. 6,983,497
---------------
Nutrition Assistance for Puerto Rico (NAP).............. 2,501,805
American Samoa.......................................... 10,047
Food Distribution Program on Indian Reservations........ 126,000
TEFAP commodities....................................... 399,750
Commonwealth of the Northern Mariana Islands............ 30,000
Community Food Projects................................. 5,000
Program access.......................................... 5,000
Subtotal................................................ 3,077,602
---------------
Total............................................... $140,440,868
===============
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement provides $440,070,000 for the Commodity
Assistance Program. It includes $332,000,000 for the Commodity
Supplemental Food Program; $26,000,000 for the Farmers' Market
Nutrition Program; $81,000,000 for administrative funding for
The Emergency Food Assistance Program; and $1,070,000 for
Pacific Island assistance.
NUTRITION PROGRAMS ADMINISTRATION
The agreement provides $170,133,000 for Nutrition Programs
Administration.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement provides $908,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
Office of Codex Alimentarius
The agreement provides $4,841,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $228,644,000 for the Foreign
Agricultural Service and a transfer of $6,063,000. The
agreement includes $1,198,000 for International Cooperative
Administrative Support Services; $481,000 for Capital Security
Cost Sharing; and $1,800,000 for pay costs for locally employed
staff.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,740,000,000 for Food for Peace
Title II Grants.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $237,000,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $6,063,000 for the Commodity Credit
Corporation Export (Loans) Credit Guarantee Program Account.
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)
The agreement provides $3,304,145,000 in discretionary
budget authority and $2,791,737,000 in definite user fees for a
total of $6,095,882,000 for Food and Drug Administration (FDA),
Salaries and Expenses. This total does not include permanent,
indefinite user fees for: the Mammography Quality Standards
Act; Color Certification; Export Certification; Priority Review
Vouchers Pediatric Disease; Food and Feed Recall; Food
Reinspection; Voluntary Qualified Importer Program; the Third
Party Auditor Program; Outsourcing Facility; and Over-the-
Counter Monograph.
The agreement expects FDA to continue all programs,
projects, activities, and laboratories, as included in fiscal
year 2021 unless otherwise specified, and maintains the
$1,500,000 transfer to the Health and Human Services' Inspector
General for its audit and oversight work involving FDA.
The agreement provides a net increase of $102,217,000, of
which $29,000,000 is for medical product safety, $29,500,000 is
for food safety activities, $41,300,000 is for cross cutting
initiatives supporting both medical and food safety, and
$2,417,000 is for infrastructure investments.
Within the increases provided for medical product safety,
the agreement includes $5,000,000 for Device Shortages and
Supply Chain; $1,500,000 for CVM Medical Product Supply Chain;
$8,000,000 for Advancing the Goal of Ending the Opioid Crisis;
$3,000,000 for the Predictive Toxicology Roadmap; $1,000,000
for the Data Modernization and Enhanced Technology Initiative;
$5,000,000 for Foreign Unannounced Human Drug Inspection
Pilots; $1,000,000 for Rare Cancer Therapeutics; $2,500,000 for
the Orphan Products Grants Program; $1,500,000 for Rare
Diseases; and $500,000 for BioFilm Regulatory Research.
The agreement strongly supports the Center for Devices and
Radiological Health's (CDRH) initiative to establish a
permanent program for U.S. supply chain resilience for medical
devices. The agreement includes $5,000,000 for CDRH to begin
these efforts. The agreement looks forward to understanding how
additional resources in the future will strengthen these
efforts.
Physical inspections, especially when unannounced, are one
of FDA's most important tools to ensure drug safety and
quality. While COVID-19 understandably delayed many routine
inspections abroad, the Committees are concerned that FDA may
not prioritize physical inspections as highly as other
regulatory review methods. The agreement notes that the intent
of funds provided in the fiscal year 2021 bill were to increase
unannounced inspections and not to assess the value of
unannounced inspections or compare them to pre-announced
inspections. The agreement includes an additional $5,000,000
above the fiscal year 2021 level solely to increase unannounced
inspections and directs FDA to immediately begin to hire
additional foreign office-based investigators to increase short
notice and unannounced foreign facility inspections in India.
Within the increases provided for food safety activities,
the agreement provides $11,000,000 for Maternal and Infant
Health and Nutrition; $7,000,000 for Emerging Chemical and
Toxicology Issues; $9,000,000 for New Era of Smarter Food
Safety; $1,000,000 for Animal Feed Reviews; and $1,500,000 for
Standards of Identity.
Within the increases for Crosscutting, agency-wide support
initiatives, the agreement provides $17,900,000 for Pay Costs;
$3,000,000 for Data Modernization and Enhanced Technologies;
$10,000,000 for Inspections; $4,700,000 for the Office of
Minority Health and Health Equity; $1,500,000 for the Office of
Laboratory Safety; $2,200,000 for the Office of the Chief
Counsel; and $2,000,000 for Essential Services.
The agreement provides specific amounts by Food and Drug
Administration activity as reflected in the following table:
FOOD AND DRUG ADMINISTRATION SALARIES & EXPENSES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods................................................. $1,133,176
Center for Food Safety and Applied Nutrition.......... 369,537
Field Activities.................................... 763,639
Human Drugs........................................... 713,888
Center for Drug Evaluation and Research............... 517,675
Field Activities.................................... 196,213
Biologics............................................. 260,118
Center for Biologics Evaluation and Research.......... 215,321
Field Activities.................................... 44,797
Animal Drugs and Feeds................................ 201,792
Center for Veterinary Medicine........................ 129,406
Field Activities.................................... 72,386
Devices and Radiological Products..................... 419,543
Center for Devices and Radiological Health............ 332,055
Field Activities.................................... 87,488
National Center for Toxicological Research.............. 70,348
Other Activities/Office of the Commissioner............. 205,568
White Oak Consolidation................................. 46,664
Other Rent and Rent Related Activities.................. 86,762
GSA Rent................................................ 166,286
Subtotal, Budget Authority.............................. 3,304,145
---------------
User Fees:
Prescription Drug User Fee Act........................ 1,200,129
Medical Device User Fee and Modernization Act......... 243,473
Human Generic Drug User Fee Act....................... 539,656
Biosimilar User Fee Act............................... 40,040
Animal Drug User Fee Act.............................. 31,641
Animal Generic Drug User Fee Act...................... 24,798
Tobacco Product User Fees............................. 712,000
Subtotal, User Fees................................... 2,791,737
---------------
Total, FDA Program Level............................ $6,095,882
===============
------------------------------------------------------------------------
As FDA prepares the report directed in House Report 117-82
on the agency's acceptance of alternatives to animal tests, FDA
is also directed to include a review, in consultation with
interagency partners at the Departments of Agriculture,
Defense, Homeland Security, and Health and Human Services, of
the potential impact and role of animal testing to security
countermeasures development and deployment.
The agreement directs FDA to provide a briefing on the
regulation of advertising and sales of boric acid
suppositories. FDA shall include within the briefing an update
on any changes to the regulatory status of any related products
as necessary.
The agreement expects further progress on regulatory
pathways for cannabis-derived products that contain
cannabidiol. Additionally, the agreement maintains at least the
fiscal year 2021 funding level for cannabidiol related
oversight and enforcement.
As previously noted, the agreement provides funds to
further develop and advance strategies to confront the opioid
crisis through the agency's priority areas, including
additional funding for International Mailing Facilities.
The agreement is encouraged by the work the FDA has put
forth in developing a comprehensive food traceability system,
and recognizes the substantial technological, logistical, and
resource demands underlying this goal. Therefore, the agreement
encourages the FDA to work with stakeholders and evaluate
currently available and emerging technologies, barriers to and
opportunities for their widespread adoption, and to utilize
pilots, studies, and technology development competitions to
further explore expediting traceability while leveraging,
wherever possible, existing supply chain systems and processes
while minimizing the burden of new systems on the supply chain.
In addition, the FDA is encouraged to harmonize the
traceability rule on existing traceability strategies the food
supply chain has developed to simply and effectively track and
trace food. Specific to the data elements that would be
required, the agreement urges the FDA to clearly define
traceability requirements that, where possible, align with
existing consensus standards for traceability already commonly
used by many in the industry.
The agreement is concerned about dietary supplement
products that are adulterated or misbranded, in particular with
imported products. The agreement provides an increase of
$2,000,000 to be used for inspections as well as enforcement of
the Dietary Supplement Health and Education Act of 1994 (Public
Law 103-417).
The agreement is concerned that very few products in recent
years have switched from prescription drugs to nonprescription
drugs. The agreement expects the FDA to meet the goals of Fall
2021 Unified Agenda and publish (and subsequently finalize) the
proposed rule titled ``Nonprescription Drug Product with an
Additional Condition for Nonprescription Use'' given the
resources and authorities provided by Congress.
BUILDINGS AND FACILITIES
The agreement provides $12,788,000 for Buildings and
Facilities.
FDA Innovation Account, Cures Act
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $50,000,000 for FDA as authorized in
the 21st Century Cures Act.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $382,000,000 for the Commodity
Futures Trading Commission.
Within 180 days of enactment of this Act, the CFTC is
directed to issue a public report on factors affecting the
aluminum commodities market.
In lieu of the direction contained in House Report 117-82,
CFTC is directed to brief the Committees on the agency's
priority initiatives to fulfill its mission and address
emerging issues as the derivatives markets continue to evolve.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $84,200,000 on
administrative expenses of the Farm Credit Administration.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service Agency
and the Rural Development mission area.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without offsets.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language requiring spend
plans.
Section 722.--The bill includes language regarding
nutrition programs.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 728.--The bill includes language regarding user
fees.
Section 729.--The bill includes language regarding FDA
regulations with respect to spent grains.
Section 730.--The bill includes language regarding the
National Bio and Agro-Defense Facility.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language related to Rural
Development Programs.
Section 733.--The bill includes language related to the
Animal Welfare Act.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language related to
persistent poverty counties.
Section 737.--The bill includes language related to
investigational use of drugs or biological products.
Section 738.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 739.--The bill provides funding for grants to
enhance farming and ranching opportunities for military
veterans.
Section 740.--The bill includes language related to the
school breakfast program.
Section 741.--The bill includes language regarding hemp.
Section 742.--The bill provides funding for grants under
section 12502 of Public Law 115-334.
Section 743.--The bill provides funding to carry out
section 3307 of Public Law 115-334.
Section 744.--The bill includes language related to
matching fund requirements.
Section 745.--The bill provides funding for a pilot program
related to multi-family housing borrowers.
Section 746.--The bill provides funding to carry out
section 4208 of Public Law 115-334.
Section 747.--The bill provides funding to carry out
section 12301 of Public Law 115-334.
Section 748.--The bill includes language related to potable
water.
Section 749.--The bill includes language regarding Food for
Peace.
Section 750.--The bill includes language regarding
facilities inspections.
Section 751.--The bill includes language relating to the
use of raw or processed poultry products from the People's
Republic of China in various domestic nutrition programs.
Section 752.--The bill includes language related to certain
school food lunch prices.
Section 753.--The bill provides funding for rural hospital
technical assistance.
Section 754.--The bill includes language related to
biotechnology risk assessment research.
Section 755.--The bill provides funding for rural
broadband.
Section 756.--The bill provides funding to carry out
section 7209 of Public Law 115-334.
Section 757.--The bill includes funding for open data
standards.
Section 758.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 759.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 760.--The bill includes language related to the
ReConnect program.
Section 761.--The bill includes funding for the Goodfellow
Federal facility.
Section 762.--The bill includes language related to the
Federal Meat Inspection Act.
Section 763.--The bill includes funding for a blue-ribbon
panel.
Section 764.--The bill includes funding for a competitive
research and education grant.
Section 765.--The bill includes language related to the
Animal Welfare Act inspections and reports.
Section 766.--The bill includes language regarding
electronically available information for prescribing healthcare
professionals.
Section 767.--The bill provides funding for a Farm to
School Institute in Shelburne, VT.
Section 768.--The bill includes language related to Food
and Drug Administration advice about eating fish.
Section 769.--The bill provides funding for the Water Bank
program.
Section 770.--The bill includes language related to Rural
Economic Area Partnership Zones.
Section 771.--The bill provides funding to carry out
section 2103 of Public Law 115-334.
Section 772.--The bill includes language related to
genetically engineered salmon.
Section 773.--The bill includes language changing the due
date of a study.
Section 774.--The bill includes funding related to a
working group.
Section 775.--The bill includes funding for a pilot
program.
Section 776.--The bill includes language regarding meat and
poultry facilities.
Section 777.--The bill includes language regarding the
agriculture innovation centers.
Section 778.--The bill provides funding for an Institute
for Rural Partnerships.
Section 779.--The bill includes language regarding a
library.
Section 780.--The bill includes language regarding the
University of Vermont.
Section 781.--The bill includes language regarding the Food
Safety and Inspection Service.
Section 782.--The bill includes language regarding the
Agricultural Credit Insurance Fund.
Section 783.--The bill includes language regarding the
Agriculture Buildings and Facilities account.
Section 784.--The bill includes language renaming a Federal
research facility.
Section 785.--The bill includes funding for Agriculture
Quarantine and Inspection Services.
Section 786.--The bill includes language regarding a
technical fix for certain provisos in Title I of division J of
Public Law 117-58.
Section 787.--The bill includes language authorizing an
increase in the amount of a cash-value voucher in the ``Special
Supplemental Nutrition Program for Women, Infants, and Children
(WIC)''.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION B--COMMERCE, JUSTICE, SCIENCE, 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''.
[Clerk's note.--Reproduced below is the material relating
to division B contained in the Explanatory Statement regarding
H.R. 2471, the Consolidated Appropriations Act, 2022.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
March 9, 2022 by Ms. DeLauro of Connecticut, Chair of the House
Committee on Appropriations. The Statement appears on page H1772 of
Book III.
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DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-97
(``the House report'') carries the same weight as language
included in this joint explanatory statement and should be
complied with unless specifically addressed to the contrary in
this joint explanatory statement or the Act. The explanatory
statement, while repeating some language for emphasis, is not
intended to negate the language referred to above unless
expressly provided herein. In cases where the House report
directs the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement and shall not reallocate resources or
reorganize activities except as provided herein. Reprogramming
procedures shall apply to: funds provided in this Act;
unobligated balances from previous appropriations Acts that are
available for obligation or expenditure in fiscal year 2022;
and non-appropriated resources such as fee collections that are
used to meet program requirements in fiscal year 2022. These
procedures are specified in section 505 of this Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project, or activity cited in this explanatory statement, or in
the House report and not changed by this Act, shall be
construed as the position of the Congress and shall not be
subject to reductions or reprogramming without prior approval
of the Committees. Further, any department or agency funded in
this Act that plans a reduction-in-force shall notify the
Committees by letter no later than 30 days in advance of the
date of any such planned personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile the
differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2022, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 528 of this Act, each department
and agency funded in this Act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after enactment of
this Act.
For fiscal year 2022, all agencies and departments funded
in this Act are directed to follow prior year direction adopted
in Public Law 116-93, on the following topics for this fiscal
year: ``Fighting Waste, Fraud, and Abuse,'' ``Federal Vehicle
Fleet Management,'' ``Reducing Duplication and Improving
Efficiencies,'' ``Reprogrammings, Reorganizations, and
Relocations,'' ``Congressional Budget Justifications,''
``Reporting Requirements,'' and ``Reductions-in-Force.''
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The agreement includes $570,000,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $11,000,000 in estimated fee collections, resulting
in a direct appropriation of $559,000,000. The increased
funding level is intended to support programmatic increases
including up to $1,000,000 for the Survey of International Air
Travelers (SIAT), up to $3,000,000 to increase support for the
review of requests for exclusion from steel and aluminum
tariffs applied under section 232 of the Trade Expansion Act of
1962 (19 U.S.C. 1862), and up to $3,000,000 for the
establishment of a ninth Anti-Dumping and Countervailing Duty
(AD/CVD) enforcement office. Further, the agreement provides no
less than the fiscal year 2021 enacted level for ITA to
continue to support the U.S. Section of the Secretariat within
the Department of Commerce as authorized under section 105 of
the U.S.-Mexico-Canada Agreement Implementation Act (Public Law
116-113). For fiscal year 2022, ITA is directed to follow prior
year directive adopted in Public Law 116-260, on ``General Data
Protection Regulation.''
Enforcement and Compliance.--The agreement provides no less
than $105,500,000 for Enforcement and Compliance (E&C). Within
the amounts provided, the agreement includes up to $1,300,000
for staffing and other necessary expenses to support
enhancement and administration of the Aluminum Import
Monitoring system.
Global Markets.--The agreement provides no less than the
fiscal year 2021 enacted level for Global Markets. Further, the
agreement modifies direction in the House report and directs
ITA to submit to the Committees, no later than 120 days after
enactment of this Act, a report outlining the Department's
recommendations and estimated costs to increase U.S. trade and
investment opportunities, including the expansion of the U.S.
Commercial Service, in Africa and regions of international
strategic significance for the United States such as Latin
America, the Caribbean, and the Pacific.
International Commercial Engagement.--In addition to the
House report directives on U.S. Export Assistance Centers, the
agreement supports ITA's efforts to increase its international
commercial engagement efforts, to include hiring additional
staff, and to establish new international offices in countries
that are of strategic and economic importance to the United
States. Prior to the establishment of any new international
office, ITA is directed to provide the Committees with a
detailed spend plan no later than 30 days prior to the
obligation of funds to establish the office.
Quad Strategic Partnership.--The agreement encourages ITA
to promote and strengthen the economic ties within the Quad
strategic partnership among the United States, India, Japan,
and Australia.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The agreement includes $141,000,000 for the Bureau of
Industry and Security (BIS), an increase of $8,000,000 above
the fiscal year 2021 enacted level. Within the funds provided,
BIS is directed to support efforts as described under ``Human
Rights Violations'' in the House report. For fiscal year 2022,
BIS is directed to follow the prior year directive adopted in
Public Law 116-260, on ``Export Control Regulatory Compliance
Assistance.''
Section 232 Exclusion Process.--The agreement clarifies
that the report regarding how the Department will promote
transparency and consistency in its process of granting and
denying exclusion requests directed by the House report shall
be submitted not later than 120 days after the enactment of
this Act.
Information and Communications Technology and Services
Supply Chain.--Within the funds provided, the agreement
provides funding to support BIS's responsibilities related to
the implementation of Executive Order 13873, ``Securing the
Information and Communications Technology and Services Supply
Chain.'' The agreement expects BIS will be the bureau
responsible for executing this initiative within the
Department.
Economic Development Administration
The agreement includes $373,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA).
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $330,000,000 for Economic
Development Assistance Programs (EDAP). Funds are to be
distributed as follows; any deviation of funds shall be subject
to the procedures set forth in section 505 of this Act:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(In thousands of dollars)1Program
------------------------------------------------------------------------
Amount
------------------------------------------------------------
Public Works............................................... $120,500
Partnership Planning....................................... 34,500
Technical Assistance....................................... 12,500
Research and Evaluation.................................... 2,000
Trade Adjustment Assistance................................ 13,500
Economic Adjustment Assistance............................. 37,500
Assistance to Energy Transition Communities................ 62,500
Regional Innovation Program Grants......................... 45,000
STEM Apprenticeships....................................... 2,000
============
Total Economic Development Assistance Programs......... $330,000
------------------------------------------------------------------------
Rural Economic Development.--EDA is directed to coordinate
with regional development organizations to support rural
economic development by addressing pressing rural issues,
including the opioid epidemic, inequities in broadband access,
and the need for innovation in legacy industries, including in
the use and value-added manufacturing of forest products. The
agreement notes that EDA can support rural economic development
by advancing technologies, including precision agriculture,
through public-private partnerships, collaborative research and
development incubators.
EDA is further directed to consider geographic equity in
making all award decisions and to ensure that rural projects
are adequately represented among those selected for funding.
Additionally, EDA shall continue to follow prior year
direction, contained in the explanatory statement accompanying
Division B of Public Law 116-260, on the following topics:
``Economic Adjustment Assistance'' and ``New Forest Products.''
Broadband Infrastructure.--The agreement encourages EDA to
prioritize broadband infrastructure projects in underserved
areas and to support projects that address challenges facing
rural communities, including lack of access to affordable,
high-speed broadband.
Aeronautics.--The agreement encourages EDA to support
communities looking to expand the presence of aeronautics-
related industries.
Regional Innovation Program (RIP).--The agreement provides
$45,000,000 for RIP grants, also referred to as Build to Scale
(B2S). Of this amount, no less than $38,000,000 shall be for
the i6 Challenge and no less than $7,000,000 shall be for Seed
Fund Support. EDA shall continue to ensure that RIP awards go
to multiple grantees in diverse geographic areas and increase
its focus on organizations and States that have not previously
received funding from the program. Within funds provided for
RIP, EDA shall award not less than 40 percent of grants to
support rural communities.
Assistance to Energy Transition Communities.--Within the
funds provided for Assistance to Energy Transition Communities,
the agreement provides $41,500,000 for assistance to coal
communities, an increase of $8,000,000 above the fiscal year
2021 enacted level and adopts the House language on this topic.
Also within Assistance to Energy Transition Communities, the
agreement further provides $16,500,000 for assistance to
nuclear power plant closure communities and $4,500,000 for
assistance to biomass power plant closure communities.
Persistent Poverty.--The agreement modifies the House
definition of the term ``high-poverty area'' to mean any census
tract with a poverty rate of at least 20 percent as measured by
the most recent 5-year data series available from the American
Community Survey of the Census Bureau, or which is otherwise
identified through the use of publicly available modeled data
which support improved estimates at the lower geographic
levels.
The agreement further directs EDA, and encourages other
bureaus within the Department, to increase the share of
investments in persistent poverty counties, high-poverty areas,
and any other impoverished communities identified by the
Department.
The House direction to provide a report regarding
Persistent Poverty communities is not adopted. Rather, the
agreement directs the Department, no later than 180 days after
the enactment of this Act, to submit to the Committees a report
that includes a description of efforts to improve economic
conditions in persistent poverty counties and high-poverty
areas, including an assessment of the economic impact of such
efforts, to the extent practicable. In the case of any EDA
program for which at least 10 percent of the funds allocated in
fiscal year 2021 were not allocated to persistent poverty
counties, such report shall explain why such benchmark was
unable to be met and what steps are being taken to meet it in
fiscal year 2022.
Public-Private Partnerships.--EDA is encouraged to invest
in public-private partnerships that target distressed
communities seeking to diversify their local workforce.
Essential Health Services.--EDA is encouraged to support
economic development projects that address disparities in
essential health services in rural and economically distressed
communities.
Technical Assistance.--EDA is encouraged to provide
technical assistance to applicants from communities affected by
the decline of the manufacturing economy.
Travel and Tourism.--The tourism industry was
disproportionately affected by the COVID-19 pandemic, and the
agreement notes that applicants may request EDA funds for
certain travel promotion activities.
Program Duplication.--EDA is directed to ensure, to the
greatest extent practicable, that its grant programs avoid
duplication and overlap with any other Federal grant programs.
SALARIES AND EXPENSES
The agreement includes $43,500,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $55,000,000 for the Minority
Business Development Agency (MBDA), an increase of $7,000,000
above the fiscal year 2021 level. The agreement directs MBDA to
allocate $37,000,000 of its total appropriation toward
cooperative agreements, external awards, and grants. The
agreement provides $10,000,000 for the Broad Agency
Announcements (BAA) program. MBDA is directed to focus awards
on innovation and entrepreneurship, formerly incarcerated
persons, global women's empowerment, virtual business
development, and access to finance. Further, of the funds
provided for the BAA program, $3,000,000 shall be to continue
the entrepreneurship pilot with Historically Black Colleges and
Universities, Hispanic Serving Institutions, Alaska Native
Serving Institutions, Native Hawaiian Serving Institutions, and
Tribal Colleges and Universities initiated in fiscal year 2021.
Hiring.--The agreement notes MBDA's high vacancy rate and
directs the agency to expedite its efforts to fill all
outstanding vacancies.
Business Centers.--The agreement provides not less than
$21,000,000 to continue MBDA's traditional Business Center
program and Specialty Project Center program.
Native American Business Development.--The agreement
provides not less than $3,000,000 for MBDA to award grants to
Tribes and American Indian, Alaska Native, and Native Hawaiian
populations to address barriers to economic development and
directs MBDA to coordinate with the Department's Office of
Native American Business Development on these efforts.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $116,000,000 for Economic and
Statistical Analysis (ESA). The increased funding level is
intended to support up to $1,000,000 to meet requirements of
the Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115-435).
The agreement provides not less than $1,500,000 to continue
implementing the Outdoor Recreation Jobs and Economic Impact
Act of 2016 (Public Law 114-249). For fiscal year 2022, ESA is
directed to follow prior year direction adopted in Public Law
116-260, on ``Outdoor Recreation Satellite Account.''
Bureau of the Census
The agreement includes $1,354,000,000 for the Bureau of the
Census (``Census Bureau'').
Expanded Population Data Collection.--In lieu of language
in the House report, the agreement directs the Census Bureau to
follow all administrative rules and procedures with respect to
adding or modifying existing survey content, and to keep the
Committees apprised of these efforts.
CURRENT SURVEYS AND PROGRAMS
The bill provides $300,000,000 for the Current Surveys and
Programs account. Within the funds provided, the agreement
supports the establishment of the High Frequency Data Program.
Survey of Income and Program Participation (SIPP).--The
agreement provides no less than the fiscal year 2021 enacted
level for SIPP.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,054,000,000 in direct appropriations
for the Periodic Censuses and Programs account. For fiscal year
2022, the Census Bureau is directed to follow prior year
directives adopted in Public Law 116-260, on ``Ensuring the
Integrity and Security of Surveys and Data,'' ``Utilizing
Libraries and Community Partners for Census Surveys,'' and
``American Community Survey.''
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $50,000,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA). The allocation of funding provided in
the table in the House report is not adopted. Instead, the
agreement provides up to $7,500,000 for broadband mapping in
coordination with the Federal Communications Commission (FCC)
and no less than $12,006,000 for Advanced Communications
Research. The agreement retains language from previous years
for reimbursements for the coordination of spectrum management,
analysis, and operations, and directs NTIA to submit a report
to the Committees no later than June 1, 2022, detailing the
collection of reimbursements from other agencies. The agreement
encourages NTIA, in coordination with the FCC and other
appropriate stakeholders, to continue ensuring spectrum access
for scientific activities, and directs NTIA to provide a report
to the Committees no later than 180 days of enactment of this
Act on the coordination efforts underway.
Federal Advanced Communications Test Site (FACTS).--In lieu
of House language on Advanced Communications, the agreement
notes the importance of the FACTS project to the goal of
expanding research and development in radio frequency spectrum
management. The agreement encourages NTIA to submit proposals
regarding this project in future budget requests.
Next Generation Broadband in Rural Areas.--NTIA is
encouraged to coordinate with other relevant Federal agencies
to identify and pursue policies that enable effective and
efficient broadband deployment nationwide while advancing next-
generation technologies and to avoid efforts that could
duplicate existing networks. NTIA is further encouraged to
ensure that deployment of last-mile broadband infrastructure is
targeted to areas that are currently unserved or underserved,
and to utilize public-private partnerships and projects where
Federal funding will not exceed 50 percent of the project's
total cost where practicable.
Policy and Technical Training.--The agreement provides up
to $289,000 for NTIA to work with the FCC and the Department of
State to provide support for activities authorized under
section 7 of Public Law 98-549. As part of these activities,
NTIA may provide assistance and guidance in policy and
technical training to impart best practices to information
technology professionals from developing countries.
National Broadband Map Augmentation.--The agreement directs
NTIA to continue to follow the directives related to rural
Tribal broadband availability, access in unserved and
underserved communities, and standardized data collection
contained in the explanatory statement accompanying Division B
of Public Law 116-260 under the heading ``National Broadband
Map Augmentation.''
Federal Spectrum Management.--The agreement directs NTIA to
continue to evaluate options for repurposing spectrum for
broadband in support of making 500 megahertz (MHz) of spectrum
available for wireless broadband use and provide an annual
update on the progress in making 500 MHz of spectrum available
for commercial mobile use.
Domain Name Registration.--NTIA is directed, through its
position within the Governmental Advisory Committee, to work
with the Internet Corporation for Assigned Names and Numbers
(ICANN) to expedite the establishment of a global access model
that provides law enforcement, intellectual property rights
holders, and third parties with timely access to accurate
domain name registration information for legitimate purposes.
NTIA is encouraged, as appropriate, to require registrars and
registries based in the United States to collect and make
public accurate domain name registration information.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes language making available to the
United States Patent and Trademark Office (USPTO)
$4,058,410,000, to be derived from offsetting fee collections
estimated for fiscal year 2022 by the Congressional Budget
Office. The new appropriation methodology proposed in fiscal
year 2022 is roundly rejected. The agreement expects future
USPTO budget requests will reflect the longstanding practice of
providing USPTO with complete and unfettered access to the
amount equal to the estimated patent and trademark fee
collections for a given fiscal year.
Intellectual Property Attaches.--USPTO shall continue to
follow the directives contained in the explanatory statement
accompanying Division B of Public Law 116-260 regarding USPTO's
intellectual property attaches.
National Institute of Standards and Technology
The agreement includes $1,230,063,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $850,000,000 for NIST's Scientific
and Technical Research and Services (STRS) account. House
funding levels for programs in STRS are not adopted, rather the
agreement provides not less than the fiscal year 2021 enacted
level for: (1) Advanced Communications Research and Standards;
(2) Next-Generation Semiconductor Research and Standards; (3)
Greenhouse Gas Program and Urban Dome Initiative; and (4)
Disaster Resilience Research Grants. The agreement further
adopts: (1) House direction on Quantum Information Science and
provides no less than $49,000,000; and (2) House direction on
Malcolm Baldrige Performance Excellence Program and provides no
less than $2,500,000. The agreement accepts the proposed
reorganization of units within the Associate Director
Laboratory Programs included in the budget request.
NIST Center for Neutron Research (NCNR) Restart.--The
agreement provides sufficient funding to address costs
associated with the cleanup, restart, and corrective actions
related to the restart of the NCNR. NIST is reminded that
timely communication with the Committees is critical to address
incidents of this nature that occur outside of the budget
cycle. Given the lateness in the communication, no later than
45 days after the enactment of this Act, NIST shall provide the
Committees with a spending plan detailing where and which
programs and/or which budgetary accounts NIST proposes to
obligate, reprogram, or transfer from to pay for these costs.
NIST is directed to examine all unobligated balances and prior-
year recoveries first prior to proposing reductions to
programmatic efforts. As the NCNR reactor is more than 50 years
old and its current U.S. Nuclear Regulatory Commission license
will expire in 2029, NIST is encouraged to engage with the
academic and research community on an assessment of future
needs.
Climate and Energy Measurement, Tools, and Testbeds.--The
agreement includes an increase of no less than $2,500,000 above
the fiscal year 2021 enacted level to support the request for
Climate and Energy Measurement, Tools, and Testbeds. Within
these funds, NIST is encouraged to expand its work on direct
air capture and carbon dioxide removal and sequestration
research.
Forward-Looking Building Standards.--Within the increase
provided for Climate and Energy Measurement, Tools, and
Testbeds, NIST is directed to continue to coordinate work with
NOAA and other appropriate Federal agencies and interested non-
Federal parties, as needed, to identify a consistent and
authoritative set of climate information that emphasizes
forward-looking climate data and projections that should be
utilized in the standard-setting process. These data shall
include projections of both chronic climate impacts, such as
sea level rise, and extreme weather events, such as hurricanes,
floods, and droughts. This effort shall serve to aid both
Federal and non-Federal bodies to develop standards, building
codes, and voluntary standards that take into account
increasingly extreme weather events and other climate change
challenges.
Wildfires and the Wildland-Urban Interface.--The agreement
adopts House direction on Wildfires and the Wildland-Urban
Interface and provides an increase of up to $1,000,000 above
the fiscal year 2021 enacted level for this purpose from within
the increase provided for Climate and Energy Measurement,
Tools, and Testbeds.
Artificial Intelligence (AI).--The agreement provides no
less than $31,000,000 for NIST's AI research and measurement
science efforts. NIST is directed to develop resources for
government, corporate, and academic uses of AI to train and
test systems, model AI behavior, and compare systems. Within
funding provided, NIST is encouraged to meet growing demand for
the Facial Recognition Vendor Test and to improve the test as
outlined in Senate Report 116-127 and adopted by Public Law
116-93.
Framework for Managing AI Risks.--NIST shall continue the
multi-stakeholder process of developing a framework for
managing risks related to the reliability, robustness, and
trustworthiness of AI systems as directed in Public Law 116-
260. No later than 180 days after the enactment of this Act,
NIST shall report to the Committees on efforts to engage with
stakeholders, its progress in developing a framework, and
identify the timeline needed to finalize its first iteration.
Cybersecurity.--The agreement adopts House direction on
Cybersecurity and provides an increase of no less than
$1,500,000 above the fiscal year 2021 enacted level, including
an increase of no less than $500,000 above the fiscal year 2021
enacted level for the National Initiative for Cybersecurity
Education (NICE) Regional Alliances and Multi-stakeholder
Partnerships to Stimulate (RAMPS) Cybersecurity and Workforce
Development program. Additionally, NIST is encouraged to
address the rapidly emerging threats to data privacy by
furthering the development of new and needed cryptographic
standards and technologies.
National Initiative for Improving Cybersecurity in Supply
Chains.--NIST is encouraged to establish a National Initiative
for Improving Cybersecurity in Supply Chains, in partnership
with the private sector, to bolster the technology foundations
and put in place the practical steps needed to ensure the
security and integrity of the technology supply chain in
accordance with Executive Order 14028.
Cybersecurity of Genomic Data.--The agreement provides up
to $2,000,000 for NIST and the National Cybersecurity Center of
Excellence (NCCoE) to continue the cybersecurity of genomic
data use case that was initiated in fiscal year 2021. NIST and
NCCoE shall continue to partner with non-governmental entities
who have existing capability to research and develop state-of-
the-art cybersecurity technologies for the unique needs of
genomic and biomedical-based systems.
Forensic Sciences.--The agreement provides $20,500,000 for
forensic science research, including no less than $3,300,000 to
support the Organization of Scientific Area Committees and no
less than $1,200,000 to support technical merit evaluations.
Circular Economy.--The agreement supports NIST's work on
the circular economy and provides no less than the fiscal year
2021 enacted level for these activities with plastics and other
materials in the supply chain. The agreement provides up to
$1,000,000 to support further work on other classes of
materials including electronics waste, battery and solar waste,
and other waste streams. In addition, the agreement provides no
less than the fiscal year 2021 enacted level for competitive
external grants for academic institutions to investigate
plastic and polymeric materials, as well as novel methods to
characterize both known and newly developed materials. Such
investigations should address ways to increase the strength of
recycled plastics and better understand mechanical properties
including tensile stress, compressive stress, thermal
properties, and nanostructure of polymeric materials that could
serve as industry standards for recycled plastic products.
NIST Diversity, Equity, and Inclusion.--The agreement
provides $11,500,000 for NIST to support development of a
diverse workforce and new pipelines for the next generation of
innovative scientists and engineers, helping to improve
diversity, inclusion, and equity in STEM careers as outlined in
Executive Order 13985.
Pyrrhotite in Concrete Aggregate.--The agreement provides
$2,000,000 for NIST to continue working with academic
institutions to study and develop a reliable and cost-effective
standard for testing for the presence of excessive amounts of
the mineral pyrrhotite in concrete used in residential,
commercial, and municipal foundations and structures. NIST
shall also develop a risk rating scale which quantifies the
amount of pyrrhotite that causes the concrete or the concrete
foundation to become structurally unsound. Specifically, the
risk rating scale should provide guidance to homeowners, local,
state, and federal governments, the private sector, and the
general public as to what quantities of pyrrhotite may exist in
the concrete without significantly weakening the material. NIST
is also directed to work with academic partners to investigate
mitigation strategies for concrete structures that may not yet
have developed cracking but contain pyrrhotite. Mitigation
research may include both laboratory research and/or research
on properties in situ.
Regenerative Medicine Standards.--The agreement adopts
House direction on Regenerative Medicine Standards and provides
$2,500,000.
Public Health Risk to First Responders.--The agreement
includes $3,000,000 for NIST to continue the study of new and
unused personal protective equipment worn by firefighters to
determine the prevalence and concentration of PFAS in the
equipment, as well as the extent to which PFAS may be released
from the gear during normal wear and under what conditions.
Composites.--NIST is encouraged to work with academic
institutions, in collaboration with State and industry
partners, to develop new composite technologies to solve
problems in the manufacturing space and related materials
industries. NIST is also encouraged to work with relevant
Federal agencies to aggregate existing standards and test
methods for the use of composites and other innovative
materials in infrastructure, as well as to identify barriers to
broader market adoption.
Unmanned Aerial Vehicle (UAV) Challenges and
Credentialing.--The agreement provides no less than the fiscal
year 2021 enacted level for NIST's UAV research challenges and
credentialing program. Within the funding provided, NIST shall
continue to partner with academic institutions to execute UAV
prize-based challenges and to establish the measurements and
standards infrastructure necessary for credentialing remote
pilots.
Voluntary Voting System Guidelines.--The agreement commends
NIST for the release of Voluntary Voting System Guidelines 2.0.
NIST is encouraged to continue advanced research to ensure that
voting machines are secure and accessible to all eligible
voters.
NIST External Projects.--The agreement includes $37,598,000
for NIST External Projects as detailed in the table below. NIST
is directed to provide the amounts listed in the table, and
NIST shall perform the same level of oversight and due
diligence as with any other external partners.
NIST EXTERNAL PROJECTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
CNY Defense Alliance.............. Smart Technology Lab $200,000
Initiative.
Colorado State University......... Soil Carbon $l,000,000
Sequestration
Research Project.
Emporia State University.......... Cyber Security $l,500,000
Center.
Mississippi State University...... Training and $4,000,000
Standards for UAS
Certification.
Pittsburg State University........ Polymer and Plastic $3,000,000
Research at the
National Institute
for Materials
Advancement.
Plymouth State University......... Technology and $l,000,000
Equipment Upgrades.
Rensselaer Polytechnic Institute.. Nuclear Magnetic $984,000
Resonance Facility
Enhancement.
Roux Institute at Northeastern Advanced and $l,000,000
University. Additive
Manufacturing
Center Development.
The University of Mississippi..... Core Testing $2,000,000
Facility for
Graphene and
Graphene-Like
Materials.
University at Buffalo............. High-peifonnance $l,000,000
Computing Drug
Discovery
Initiative.
University of Charleston (WV)..... Advanced Biomedical $385,000
Instrumentation and
Research Training.
University of Colorado............ JILA Laboratory $950,000
Equipment.
University of Delaware............ Biopharmaceutical $3,000,000
Manufacturing
Innovation
Equipment.
University of Kansas Medical Research Equipment $5,000,000
Center. Upgrades.
University of New Mexico.......... University of New $374,000
Mexico Decedent
Image Database.
University of Rhode Island........ Blue Technology $l,500,000
Research Initiative.
University of Southern Mississippi Establishment of a $5,000,000
Joint Industry-
Academic Laboratory
to Provide
Calibration
Services.
University of Southern Mississippi Graphene Product $2,000,000
Validation
Laboratory.
West Virginia University.......... Procurement of $705,000
Technology and
Equipment to
Respond to Opioid
and Violence
Epidemics in WV.
Wichita State University.......... Additive $3,000,000
Manufacturing
Technologies
Research and
Standardization.
------------------------------------------------------------------------
INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $174,500,000 for Industrial
Technology Services, including $158,000,000 for the Hollings
Manufacturing Extension Partnership (MEP), an increase of
$8,000,000 above the fiscal year 2021 enacted level. The
agreement further provides $16,500,000 for the Manufacturing
USA Program, of which up to $1,000,000 may be used to support
the U.S. Food and Drug Administration's participation in
biomanufacturing innovation institutes and $10,000,000 shall be
used for the continuation of the existing NIST-funded
institute. The agreement modifies House language on MEP Supply
Chain Database to encourage NIST to support these activities
from within available funds.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement includes $205,563,000 for Construction of
Research Facilities.
NIST Extramural Construction.--The agreement includes
$125,563,000 for NIST Extramural Construction projects as
detailed in the table below. NIST is directed to provide the
amounts listed in the table, and NIST shall perform the same
level of due diligence as with any other external partners.
NIST EXTRAMURAL CONSTRUCTION
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Burlington Technical Center....... Burlington Aviation $10,000,000
Technology Center
Facility.
Fort Hays State University........ Renovation of $17,000,000
Forsyth Library.
Kansas State University Salina Acquisition and $4,750,000
Aerospace and Technology Campus. Renovation of
Aerospace
Simulation Center.
Missouri State University......... Ozarks Health and $20,000,000
Life Science Center.
University of Maine............... Green Engineering $10,000,000
and Materials
Research Factory of
the Future.
University of New Hampshire....... Jackson Estuarine $3,813,000
Lab Expansion and
Renovation.
University of South Alabama Renovation and $60,000,000
College of Medicine. Expansion of
Research Facilities.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration
Fire Weather.--House language on Fire Weather is modified
to encourage NOAA to advance its work on fire weather across
the agency within available funds. Further, any and all
progress in understanding and modeling fire weather
accomplished with supplemental funds provided in the
Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-
58) and the Disaster Relief Supplemental Appropriations Act,
2022 (Public Law 117-43), shall be incorporated into
operational fire weather products as expeditiously as possible
to protect life and property.
Enterprise Infrastructure Solutions (EIS).--The agreement
provides the various requested increases for EIS.
NOAA Commissioned Officer Corps.--The agreement accepts the
administration's proposal to consolidate funding for the NOAA
Commissioned Officer Corps and its supporting functions into a
single Program, Project, or Activity (PPA) within the Office of
Marine and Aviation Operations.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes a total program level of
$4,423,843,000 under this account for NOAA's coastal,
fisheries, marine, weather, satellite, and other programs. This
total funding level includes $4,157,311,000 in direct
appropriations, a transfer of $243,532,000 from balances in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' fund, and $23,000,000 derived from
recoveries of prior year obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service (NOS).--$637,700,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning...................
Navigation, Observations and Positioning................. $169,000
Hydrographic Survey Priorities/Contracts................. 32,000
IOOS Regional Observations............................... 41,000
------------
Navigation, Observations and Positioning................... 242,000
============
Coastal Science and Assessment
Coastal Science, Assessment, Response and Restoration.... 88,500
Competitive Research..................................... 21,500
------------
Coastal Science and Assessment............................. 110,000
============
Ocean and Coastal Management and Services
Coastal Zone Management and Services..................... 49,000
Coastal Zone Management Grants........................... 79,000
National Oceans and Coastal Security Fund................ 34,000
Coral Reef Program....................................... 33,000
National Estuarine Research Reserve System............... 29,700
Sanctuaries and Marine Protected Areas................... 61,000
------------
Ocean and Coastal Management and Services.................. 285,700
============
Total, National Ocean Service, Operations, Research, $637,700
and Facilities........................................
------------------------------------------------------------------------
Navigation Response Teams.--The agreement provides full
operational funding for NOAA's Navigation Response Teams within
Navigation, Observations and Positioning.
Ocean Mapping and Coastal Charting.--The agreement provides
no less than the fiscal year 2021 enacted level for NOS to
continue coordinating and implementing an interagency mapping,
exploration, and characterization strategy for the U.S.
Exclusive Economic Zone, as well as the Arctic and sub-Arctic
shoreline and nearshore of Alaska consistent with prior year
direction adopted in Public Law 116-260. In addition, through
NOAA Community Project Funding/NOAA Special Projects, the
agreement provides $5,000,000 for coastal and nearshore mapping
of Alaska.
The agreement notes that the IIJA provides $492,000,000
over five years for coastal and inland flood and inundation
mapping and forecasting, among other purposes, some of which
may be obligated for ocean mapping and charting.
Physical Oceanographic Real-Time System (PORTS) Program.--
The agreement provides no less than the fiscal year 2021
enacted level for PORTS.
Precision Navigation.--The agreement adopts prior year
direction on Precision Navigation, adopted by Public Law 116-
260, encouraging NOAA to commence additional precision
navigation projects.
Research and Technology Development.--The agreement
supports the efforts of the Joint Hydrographic Center funded
through Hydrographic Research and Technology Development and
provides an additional $1,000,000 above the fiscal year 2021
enacted level for additional mapping and charting research and
development activities demonstrating the use of autonomous
vessels for the collection of hydrographic data as well as for
collaborative demonstration, testing, evaluation, and research-
to-operations transition of new technology. In addition, the
agreement provides $2,000,000 for NOAA to continue supporting
joint ocean and coastal mapping centers in other areas of the
country as authorized by the Omnibus Public Land Management Act
of 2009 (Public Law 111-11).
Coastal Survey Data.--NOS shall submit a report to the
Committees, no more than one year after enactment of this Act,
on progress it has made toward conducting comprehensive coastal
survey work in Alaska consistent with prior year direction
adopted in Public Law 116-260.
Hydrographic Surveys and Contracts.--For fiscal year 2022,
NOS shall follow prior year direction adopted in Public Law
116-260, on the following topics: ``Hydrographic Surveys and
Contracts,'' ``Hydrographic Charting in the Arctic,'' and
``Seafloor Mapping.''
Integrated Ocean Observing System (IOOS).--The agreement
provides an increase of $500,000 to IOOS, including no less
than $2,500,000 to continue the five IOOS Harmful Algal Bloom
(HAB) pilot programs initiated in fiscal year 2020 and to
continue to support the HAB monitoring and detection test bed
in the Gulf of Mexico initiated in fiscal year 2021. NOS is
encouraged to: (1) work to complete and operate the National
High Frequency Radar System to close key gaps in the U.S.
surface current mapping system; (2) expand the regional
underwater profiling gliders program; and (3) increase support
to maintain the buoy systems supported by IOOS and to continue
to add additional buoys in regional priority areas.
The agreement notes that the IIJA provides $100,000,000 in
operations funding over five years for improved and enhanced
coastal, ocean, and Great Lakes observing systems, some of
which may be obligated for IOOS.
Coastal Science, Assessment, Response and Restoration.--The
agreement provides no less than the fiscal year 2021 enacted
level for operations and staffing of the Gulf of Mexico
Disaster Response Center. Additionally, the recommendation
includes $1,000,000 above the fiscal year 2021 enacted level
for the Disaster Preparedness Program.
National Centers for Coastal Ocean Science (NCCOS).--The
agreement provides $50,000,000 for NCCOS, an increase of
$3,000,000 above the fiscal year 2021 enacted level. House
language on Sea Level Rise is modified to encourage NOAA to
further these efforts across NOS, including within the increase
for NCCOS.
NCCOS is encouraged to collaborate with the Hydrology and
Water Resources Cooperative Institute (CI) funded by the
National Weather Service on research priorities and activities.
Therefore, the agreement does not accept the proposed transfer
from Coastal Science, Assessment, Response and Restoration to
Competitive Research.
Harmful Algal Blooms (HABs).--The agreement provides
$21,500,000 for Competitive Research, including not less than
$13,500,000 for HABs research, and adopts House direction for
these funds. From within these funds, the agreement also
provides up to $2,000,000 to explore innovative methods to
increase monitoring and detection of HABs in freshwater systems
by partnering with a consortium of academic institutions with
expertise in unmanned aircraft systems and to accelerate
deployment of effective methods of intervention and mitigation
to reduce the frequency, severity, and impact of HAB events in
freshwater systems, including the Great Lakes ecosystem. NOS is
encouraged to expand its collaboration with coastal States
across the country to address HABs in the marine environment.
Blue Carbon.--House language on Blue Carbon is modified to
encourage NOAA to undertake this research.
Marine Debris.--The IIJA provides $150,000,000 over five
years for marine debris assessment, prevention, mitigation, and
removal, including $30,000,000 in fiscal year 2022. In lieu of
House language on Marine Debris, NOS is encouraged to
prioritize funding for projects that support cleanup efforts
within marine sanctuaries or marine national monuments,
projects in rural and remote communities that lack
infrastructure to address their marine debris problems, and
projects that address the impact of marine debris in freshwater
systems that are a source of drinking water. NOS is also
encouraged to support the programs authorized in the Save our
Seas 2.0 Act (Public Law 116-224).
Integrated Water Prediction (IWP).--Within funding provided
for Coastal Zone Management and Services, the agreement
provides no less than the fiscal year 2021 level for NOS to
continue to collaborate on the development and operation of the
IWP program with the National Weather Service, in addition to
work funded in the IIJA.
Improving Coastal Resilience.--Within the increased funding
for Coastal Zone Management and Services, NOAA is encouraged to
increase engagement, service delivery, and training to equip
coastal communities, especially those with underserved
populations, with improved capacity to address coastal hazards.
In addition, NOAA is encouraged to translate climate data and
information into tools, services, and training that can be used
for decision-making at a community level.
Digital Coast Act.--The agreement provides up to $3,000,000
for implementation of the Digital Coast Act (Public Law 116-
234) and activities to support it.
Regional Data Portals.--The agreement provides $2,500,000
for the regional ocean partnerships (ROPs), or their
equivalent, to enhance their capacity for sharing and
integration of Federal and non-Federal data to support regional
coastal, ocean, and Great Lakes management priorities. In
addition, the IIJA provides $56,000,000 over five years to
enhance ROPs, or their equivalent, including $11,200,000 in
fiscal year 2022.
National Oceans and Coastal Security Fund (NOCSF).--The
agreement provides $34,000,000 for the NOCSF, also known as the
National Coastal Resilience Fund. In addition, the IIJA
provides $492,000,000 over five years for the NOCSF, including
$98,400,000 in fiscal year 2022.
Coral Reef Program.--The agreement provides no less than
the fiscal year 2021 enacted level for NOS to work with
academic institutions and non-governmental research
organizations to establish innovative restoration projects to
restore degraded coral reefs, such as NOAA's ``Mission: Iconic
Reef'' initiative to restore coral reefs within the Florida
Keys National Marine Sanctuary. In addition, through NOAA
Community Project Funding/NOAA Special Projects, the agreement
provides $2,986,000 for four coral projects and notes that
additional funding is available for these activities through
the IIJA.
National Estuarine Research Reserve System (NERRS).--The
agreement notes the recent expansion of NERRS to a 30th site
and provides an increase of $1,200,000 above the fiscal year
2021 enacted level. The agreement further encourages the
continued expansion of the network.
National Marine Sanctuaries Designations.--The agreement
provides an increase of $4,500,000 for Sanctuaries and Marine
Protected Areas and adopts the House direction on National
Marine Sanctuaries Designations. Within the increase, NOS is
encouraged to continue the expansion of the network of
protected marine and Great Lakes areas.
National Marine Fisheries Service (NMFS).--$1,015,955,000
is for NMFS Operations, Research, and Facilities.
NATIONAL MARINE FISHERIES SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles, and Other Species........... $147,750
Species Recovery Grants.................................. 7,000
Atlantic Salmon.......................................... 6,500
Pacific Salmon .......................................... 67,000
------------
Protected Resources Science and Management................. 228,250
============
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and Services.... 153,750
Fisheries Data Collections, Surveys, and Assessments..... 187,500
Observers and Training................................... 57,000
Fisheries Management Programs and Services............... 129,400
Aquaculture.............................................. 18,000
Salmon Management Activities............................. 63,050
Regional Councils and Fisheries Commissions.............. 42,902
Interjurisdictional Fisheries Grants..................... 3,372
------------
Fisheries Science and Management........................... 654,974
============
Enforcement................................................ 77,731
============
Habitat Conservation and Restoration....................... 55,000
============
Total, National Marine Fisheries Service, Operations, $1,015,955
Research, and Facilities..............................
------------------------------------------------------------------------
For fiscal year 2022, NMFS shall follow prior year
direction and, if applicable, funding levels adopted by Public
Law 116-260 on the following topics: ``Promote and Develop
Fisheries Products and Research Funding Transfer,''
``Saltonstall-Kennedy Grant Program,'' ``NMFS Staffing,''
``Hawaiian Monk Seal and Sea Turtles,'' ``False Killer
Whales,'' ``Electronic Monitoring and Reporting,'' ``Northwest
Fisheries Ecosystem Monitoring System,'' ``American Lobster and
Jonah Crab Research,'' ``Plankton Recorder Survey,''
``Cooperative Research,'' ``International Fisheries Management
Coordination,'' ``Bycatch Reduction,'' and ``Regional Pilots in
Sustainable Aquaculture.'' Further, the agreement provides no
less than $4,000,000 for the John H. Prescott Marine Mammal
Rescue Assistance Grant Program and also adopts House language
on ``Foreign Fisheries'' and provides $750,000 for this
purpose.
Offshore Wind Energy.--The agreement provides no less than
$6,250,000 for the requested initiatives to support the growth
of offshore wind energy, including no less than: $2,000,000 in
Marine Mammals, Sea Turtles, and Other Species; $3,000,000 in
Fisheries and Ecosystem Science Programs and Services; and
$1,250,000 in Fisheries Management Programs and Services.
Further, within the increase provided for Fish Data
Collections, Surveys, and Assessments, NMFS shall prioritize
efforts to mitigate impacts to scientific surveys of the
development of offshore wind facilities.
Transition to Climate-Ready Fishery Management.--The
agreement modifies House language on ``Transition to Climate-
Ready Fishery Management'' to encourage NMFS to adapt its
fishery management practices to the reality of the changing
climate and to deliver the climate-informed advice needed for
effective marine resource management in rapidly changing
oceans.
NMFS Project Consultations.--The agreement provides no less
than the fiscal year 2021 enacted level for NMFS to address the
backlog of consultation requests under the Endangered Species
Act (ESA) (Public Law 93-205), the Marine Mammal Protection Act
(MMPA) (Public Law 92-522), and Essential Fish Habitat.
In addition, the IIJA provides $20,000,000 over five years
for consultations and permitting related to the ESA, the MMPA,
and Essential Fish Habitat, including $4,000,000 in fiscal year
2022.
North Atlantic Right Whales (NARW).--The agreement provides
$16,000,000 above the fiscal year 2021 enacted level within
Marine Mammals, Sea Turtles, and Other Species for NARW-related
research, monitoring, and conservation efforts. In addition,
through NOAA Community Project Funding/NOAA Special Projects,
the agreement provides $815,000 for two projects regarding
lobster industry outreach about NARW protections. NOAA shall
continue to support disentanglement, stranding response, and
necropsy activities, and is encouraged to develop habitat and
distribution models and long-term tagging methods. NOAA is
directed to support monitoring efforts, including aerial
surveys, vessel surveys, and passive acoustic monitoring in the
waters of the Atlantic Ocean that is equivalent to or greater
than the efforts supported by the fiscal year 2021 enacted
level, particularly in the Gulf of Maine and other areas where
there are data gaps on NARW habitat or increased risk from
human activities, including vessel traffic. Within increased
support provided, no less than $1,000,000 above the fiscal year
2021 enacted level shall be to support pilot programs to
develop, refine, and field test innovative lobster and other
fishing gear technologies as described in Senate Report 116-127
and codified in Public Law 116-93.
Within increased funding provided, $14,000,000 shall be
provided to States through the Atlantic States Marine Fisheries
Commission to cover costs incurred by the fishing industry to
comply with the final 2021 rule to modify the Atlantic Large
Whale Take Reduction Plan (ALWTRP) (FR-210827-0171), as well as
additional uses outlined below. This assistance may be used by
the relevant States to help defray the cost of compliance with
new regulations, including for gear modification,
configuration, and marking within the Northeast lobster and
Jonah crab fisheries, both in Federal and State waters.
Additional eligible uses of the funds may include implementing
electronic tracking requirements within the Northeast lobster
fishery and research to inform future management actions,
including in preparation for potential subsequent modifications
to the ALWTRP. Funding to the States shall be proportional to
the number of active federally permitted lobster trap
harvesters in each State, and no State with at least 20 active
federally permitted lobster trap harvesters shall receive less
than 4 percent of the total funding.
NOAA shall continue to work with Canada to develop risk
reduction measures that are comparable in effectiveness for
both vessels and fisheries, and to incorporate Canadian fishery
measures, Canadian vessel restrictions, and U.S. vessel
restrictions into the evaluations under the Conservation
Framework, as soon as possible. NOAA is also encouraged to
improve regional management efforts by including pertinent
States and interstate bodies in bilateral engagements with
Canadian officials regarding coordinated efforts to enhance
NARW recovery.
Seafood Industry Research and Assessment.--NMFS shall work
with partners in the Northeast lobster industry, including all
relevant States and the Atlantic States Marine Fisheries
Commission, to closely monitor and assess economic trends
within the industry subsequent to the final 2021 rule to modify
the ALWTRP (FR-210827-0171). NOAA shall report its findings to
the Committees, to include a cumulative estimate of any
economic losses incurred by industry that are directly
attributable to the final rule to modify the ALWTRP, not later
than the end of fiscal year 2022.
Southern Resident Killer Whales.--The agreement provides
not less than $2,000,000 across NMFS to support the recovery of
the Southern Resident killer whales.
Sea Turtle Stranding Response and Rehabilitation.--NOAA is
encouraged to provide direct support to institutions and
organizations permitted to provide sea turtle stranding
response and/or rehabilitation, including through partnerships
with capable university veterinary schools.
Sea Turtle Conservation.--NOAA is directed to maintain
adequate capacity of the sea turtle stranding and
rehabilitation program in existing NMFS facilities until the
agency can confirm that these critical activities have been
fully assumed by partner organizations.
Atlantic Salmon.--NOAA is directed to enable a broader use
of funds for restoration of diadromous species and habitats
that support salmon recovery by providing ecological functions
critical to the Atlantic salmon lifecycle. NOAA is encouraged
to partner with States to develop fish passage performance
standards for sea-run species and prioritize project selection,
funding and staff resources considering those benefits.
Northeast Groundfish Research.--Within funding provided for
Fisheries and Ecosystem Science Programs and Services, the
agreement provides $2,500,000 for groundfish research for
purposes consistent with prior year direction adopted by Public
Law 116-260. Within funding provided, $500,000 shall be
obligated to continue ongoing work on implementing the
recommendations set forth in the New England Fishery Management
Council's Fishery Data for Stock Assessment Working Group
Report, as directed in Public Law 116-93, and to continue
ongoing work on implementing the recommendations set forth in
the 2020 report of the Groundfish Trawl Task Force, as directed
in Public Law 116-260. This funding is intended to support new
and innovative research, including by the Northeast Fisheries
Science Center, separately by, or in collaboration with,
outside partners such as higher education institutions or State
agencies, and in cooperation with the fishing industry.
Fisheries Surveys.--NMFS is directed to take the necessary
steps to ensure that historical levels of survey coverage are
achieved in fiscal year 2022 and the agreement provides an
additional $8,000,000 above the fiscal year 2021 enacted level
within Fisheries Data Collections, Surveys, and Assessments for
this purpose. NMFS is directed to contract no fewer than six
surveys for Alaskan bottom trawl surveys and cooperative
research, including a survey to capture movement of fish
populations out of historic survey areas, and no fewer than
four vessels for West Coast groundfish surveys. This amount
also fully funds both Northeast Area Monitoring and Assessment
Program (NEAMAP) trawl surveys, including the Maine-New
Hampshire Inshore Trawl Survey, as well as an acoustic pollock
survey in the Bering Sea.
Fisheries Information Networks.--The agreement provides no
less than the fiscal year 2021 enacted level for both Fisheries
Information Networks and Fisheries Information Systems grants.
State Management for Recreational Red Snapper.--The
agreement reiterates past direction that successful
implementation of Reef Fish Amendment 50: State Management for
Recreational Red Snapper shall be a top priority for NOAA and
that such efforts should occur in coordination with the Gulf
States. Within the amount provided for Fisheries Data
Collections, Surveys, and Assessments, the agreement provides
not less than $5,000,000 for NMFS to continue to work with the
Gulf States to ensure successful implementation of State
management for red snapper. The agreement supports the actions
of the Gulf of Mexico Fishery Management Council to (1) delay
implementation of State specific calibration until 2023 and (2)
request that NMFS contract with a non-governmental entity to
assess whether the Marine Recreational Information Program or
the catch data programs administered by the Gulf States provide
the best estimates of recreational red snapper catch in the
Gulf of Mexico, as directed in Public Law 116-260. The
agreement supports full integration of the Great Red Snapper
Count data and Gulf States catch data into the upcoming red
snapper research track stock assessment to be completed in 2023
and in the operational assessment that will follow in 2024, so
that the Gulf of Mexico Fishery Management Council can
appropriately use this new abundance and more targeted catch
data when making management decisions regarding red snapper.
Data Collection for Recreational Fisheries.--The agreement
provides up to the fiscal year 2021 enacted level to support
collaborative programs focused on improving recreational
fishery data collection, as articulated in sections 102, 201,
and 202 of the Modernizing Recreational Fisheries Management
Act of 2018 (Public Law 115-405). This funding should focus on
assisting States to establish, test, and implement more
reliable recreational fishery data collection tools, such as
smartphone applications or text messaging supplements.
South Atlantic Reef Fish.--The agreement adopts House
language on South Atlantic Reef Fish, including by providing no
less than $1,800,000 for this purpose. NOAA is directed to
consider conducting a multiyear, agency-independent study to
evaluate the selectivity and potential bias of different gears
used to assess reef fish populations in the South Atlantic
region.
Chesapeake Bay Atlantic Menhaden Abundance.--NMFS is
encouraged to collect Atlantic menhaden abundance data in the
Chesapeake Bay in partnership with the Atlantic States Marine
Fisheries Commission and relevant States.
Northeast Multispecies Fishery.--The agreement rejects the
proposed cut to Observers and Training and provides not less
than $5,500,000 for grants to the fishing industry to fully
cover At-Sea Monitoring industry costs, including sector costs,
in the New England groundfish fishery. Any additional At-Sea
Monitoring costs, including shore side infrastructure, observer
training, observer equipment and gear, electronic monitoring,
and NOAA support costs shall, to the extent practicable, be
included in subsequent budget requests, starting in fiscal year
2023. NOAA shall ensure the costs and benefits of At-Sea
Monitoring are commensurate with the gross revenues of vessels
in the fishery. Before obligating any of these funds, NOAA
shall provide the Committees with a detailed spending plan.
North Pacific Observer Coverage.--Within Observers and
Training, the agreement provides no less than $7,500,000 for
the North Pacific Observers Program. NOAA is encouraged to
support the transition to electronic monitoring and reporting
and to identify and implement any efficiencies that would
mitigate the cost burden shouldered by small vessel operators
in the fixed-gear fleet.
For-Hire Electronic Monitoring and Reporting
Implementation.--The agreement provides no less than $1,500,000
within Fisheries Management Programs and Services and
$1,500,000 within Enforcement to support the continued, timely
implementation of electronic logbooks for the federally
permitted charter-for-hire sector in the Gulf of Mexico.
Video Review of Electronic Monitoring Data.--House language
on ``Video Review of Electronic Monitoring Data'' is modified
to, within funding provided for Fisheries Management Programs
and Services, provide no less than $400,000 for the video
review of the West Coast groundfish electronic monitoring data.
Gulf of Mexico Shrimp Fishing Effort.--NMFS is directed, in
consultation with the Gulf of Mexico Fishery Management Council
and shrimp industry stakeholders, to continue the development
and implementation of the newly approved Electronic Logbook
program (ELB) that archives vessel position and automatically
transmits scientific shrimp fishing effort data via cellular
service to NMFS. NMFS is further directed to submit a report to
the Committees not more than 180 days after enactment of this
Act outlining progress made to develop and implement the new
ELB program.
Pacific Bluefin Tuna.--The agreement modifies House
language on Pacific Bluefin Tuna to encourage this work within
available resources.
Predator Control Pilot Program.--NOAA is encouraged to
conduct a predator control pilot program on the Tuolumne River
funded by the Modesto Irrigation District, the Turlock
Irrigation District, and the San Francisco Public Utilities
Commission. In implementing the program, NOAA should work with
appropriate State agencies and consider and, as appropriate,
adopt the implementation findings from the Stanislaus program.
Marine Aquaculture.--Within NMFS Aquaculture, the agreement
provides $500,000 above the fiscal year 2021 enacted level for
NOAA to upgrade equipment and to increase the amount of staff
focused on aquaculture at all NMFS fisheries science centers,
including to return staffing levels to those in fiscal year
2010 at the Northeast and Northwest Fisheries Science Centers.
Oyster Aquaculture, Research, and Restoration.--The
agreement provides up to $10,000,000 agency-wide for ongoing
research on shellfish as described in the House report. No less
than the fiscal year 2021 enacted level is provided for ongoing
research on off-bottom Eastern oyster production. NMFS is
encouraged to support regional partnerships with coastal
research institutions.
Salmon Management Activities.--The agreement provides no
less than $39,500,000 for Pacific Salmon Treaty (PST)
activities. Before funding may be obligated, NOAA is directed
to provide the Committees with a detailed spending plan
consistent with prior year direction adopted in Public Law 116-
260. Further, NOAA is encouraged to minimize, to the extent
practicable, the amount of funds withheld for administrative
expenses.
The agreement notes that projects supporting PST
obligations may be eligible for support through the Pacific
Coastal Salmon Recovery Fund, including the additional
$34,400,000 provided by the IIJA for fiscal year 2022.
The agreement also provides an increase of no less than
$1,000,000 above the fiscal year 2021 enacted level for
Mitchell Act hatchery programs.
Little Port Walter Research Station and Salmon Hatchery.--
The agreement provides no less than the fiscal year 2021
enacted level within Fisheries Management Programs and Services
to continue Chinook salmon production at rearing rates
consistent with those produced between 2016 and 2020 at the
Little Port Walter Research Station.
Understanding Ocean Uses.--Upon adoption of the Draft
Addendum XXIX to Amendment 3 to the Interstate Fishery
Management Plan for American Lobster by the Atlantic States
Marine Fisheries Commission, NMFS is encouraged to implement
the addendum through the Atlantic Coastal Fisheries Cooperative
Management Act (Public Law 103-206) before the start of the
2023 fishing year.
Illegal, Unregulated, and Unreported (IUU) Fishing.--The
agreement modifies House language to provide no less than the
fiscal year 2021 enacted level to combat IUU fishing. NMFS is
encouraged to further test and evaluate the effectiveness of
U.S. commercial space-based radio frequency data collection
capabilities to track foreign vessels engaged in IUU fishing
activities in the U.S. Exclusive Economic Zone and other remote
maritime regions of economic, environmental, or national
security significance.
Seafood Import Monitoring Program.--NOAA is encouraged to
pursue the most efficient, effective, and sustainable
mechanisms to determine a chain of custody for fish or fish
products, and to improve systems used to identify and bar fish
or fish products sourced using convict, child, forced, or
indentured labor. NOAA is encouraged to consult with the
Department of Homeland Security, the Department of Labor, and
other relevant agencies to develop a strategic plan to develop,
mature, and adopt artificial intelligence and machine learning
technologies to detect imports of fish and fish products at
risk of being associated with IUU fishing.
Cooperative Agreements with States.--The agreement provides
not less than $18,500,000 for cooperative enforcement
agreements with States, including for execution of Joint
Enforcement Agreements (JEAs), which are critical for proper
surveillance and enforcement of our Nation's fisheries laws.
No less than 180 days after enactment of this Act, NOAA is
directed to document and report to the Committees on the needs
of its partner State and territorial law enforcement agencies,
in particular with regard to shortages of trained personnel,
maintaining maritime domain awareness, formal operational
agreements with other Federal law enforcement agencies, access
to advanced technological enforcement tools, and other issues
as warranted.
Northeast Lobster Enforcement.--The agreement provides no
less than the fiscal year 2021 enacted level for NMFS, in
partnership with the relevant States, JEA partner agencies, and
the Atlantic States Marine Fisheries Commission, to continue
the pilot offshore lobster enforcement program.
Habitat Restoration.--The agreement provides $12,244,000
through NOAA Community Project Funding/NOAA Special Projects
for nine habitat restoration projects. Further, the agreement
notes that the IIJA provides a total of $891,000,000 for
restoring marine, estuarine, coastal, or Great Lakes ecosystem
habitat and restoring fish passage, including $178,200,000 in
fiscal year 2022.
Chesapeake Bay Oyster Restoration.--The agreement provides
no less than the fiscal year 2021 enacted level within Habitat
Conservation and Restoration to support oyster restoration in
the Chesapeake Bay.
Seafood Inspection Program.--The agreement notes that the
Seafood Inspection Program is intended to operate under a fee-
for-service model. As such, it is expected that fee levels
shall be set in a manner to ensure that they cover all NOAA's
costs without any reliance on appropriated funds.
Office of Oceanic and Atmospheric Research (OAR).--
$599,448,000 is for OAR Operations, Research, and Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Climate Laboratories and Cooperative Institutes.......... $89,000
Regional Climate Data and Information.................... 45,000
Climate Competitive Research............................. 66,000
------------
Climate Research........................................... 200,000
============
Weather and Air Chemistry Research
Weather Laboratories and Cooperative Institutes.......... 87,665
U.S. Weather Research Program............................ 26,763
Tornado Severe Storm Research/Phased Array Radar......... 17,000
Joint Technology Transfer Initiative..................... 13,000
------------
Weather and Air Chemistry Research....................... 144,428
============
Ocean, Coastal, and Great Lakes Research
Ocean Laboratories and Cooperative Institutes............ 37,110
National Sea Grant College Program....................... 76,000
Sea Grant Aquaculture Research........................... 13,500
Ocean Exploration and Research........................... 43,410
Integrated Ocean Acidification........................... 16,000
Sustained Ocean Observations and Monitoring.............. 49,000
National Oceanographic Partnership Program............... 2,000
------------
Ocean, Coastal, and Great Lakes Research................... 237,020
============
High Performance Computing Initiatives..................... 18,000
============
Total, Office of Oceanic and Atmospheric Research, $599,448
Operations, Research, and Facilities..................
------------------------------------------------------------------------
The agreement provides no less than the fiscal year 2021
enacted level for Arctic research funded under Climate
Laboratories and Cooperative Institutes and Regional Climate
Data and Information. House language regarding Deep Seabed
Mining is not adopted. OAR is encouraged, within available
resources, to increase its focus on methane emissions,
consistent with House direction.
Climate Change Adaptation and Resilient Infrastructure.--
The agreement adopts House language regarding Climate Change
Adaptation and Resilient Infrastructure and includes
$10,000,000 to provide information and services to support the
Nation's efforts to prepare for and adapt to the impacts of
climate change. As part of this effort, NOAA shall initiate the
development of a global-nested high-resolution atmospheric
model which will allow for the delivery of more accurate and
geographically focused climate services across all timescales.
In addition, through NOAA Community Project Funding/NOAA
Special Projects, the agreement provides $13,914,000 for
climate science, adaptation, and resilience projects.
Atmospheric Baseline Observatories (ABOs).--The agreement
adopts House direction regarding ABOs and provides an increase
of $2,000,000 above the fiscal year 2021 enacted level. Some
ABOs and other Global Monitoring Laboratory sites are in
locations vulnerable to natural hazards, therefore, NOAA is
also encouraged to consider how to provide continuity of
atmospheric observations in a cost-effective manner, and to
submit its findings to the Committees, along with proposals to
address the issue.
Changing Hydroclimatology of the Western United States.--As
part of NOAA's focus on expanding climate services to inform
climate adaptation efforts, NOAA, in collaboration with the
Interagency Integrated Water Cycle Group (IWCG) of the U.S.
Global Change Research Program (USGCRP), including the National
Aeronautics and Space Administration (NASA), the Department of
the Interior, the U.S. Army Corps of Engineers, the Council on
Environmental Quality, and other Federal agencies, as
appropriate, shall conduct a study of hydroclimatological
changes in the major river basins of the Western United States
over the next 30 years.
Not later than 24 months after enactment of this Act, NOAA
shall submit a report to the Committees on the results of the
study, which shall include, to the extent possible,
methodological evaluation and probabilistic modeling of future
changes in the volumes of water naturally available and natural
water cycle in the different regions of the West; taking into
consideration the impacts of rising temperatures, changes to
snowpack, hydrologic extremes, changes in the timing and
quantity of runoff, and other factors, as deemed appropriate.
The report shall also include a discussion of associated
impacts on ecosystems, aquatic biology, and food production.
Further, not later than 270 days after the enactment of
this Act, NOAA is directed, in collaboration with the Federal
agencies listed above, to develop and deliver to the Committees
a plan to establish a long-term research and monitoring program
to improve the understanding of the hydroclimato-logical
changes in the major river basins of the Western United States.
This program shall be envisioned to publish updates to the
study requested above at a cadence of 5-year intervals. The
plan shall also identify sources of uncertainty in the
hydroclimato-logical outlook for the Western United States and
enumerate initiatives that associated Federal agencies might
undertake to improve future studies.
To support this work on western water across timescales, as
well as to advance the work on Sub-seasonal to Seasonal (S2S)
weather prediction, the agreement provides an increase of
$2,000,000 above the fiscal year 2021 enacted level to Climate
Competitive Research.
Earth's Radiation Budget.--The agreement provides no less
than the fiscal year 2021 enacted level for continued modeling,
assessments, and, as possible, initial observations and
monitoring of stratospheric conditions and the Earth's
radiation budget, including the impact of the introduction of
material into the stratosphere from changes in natural systems,
increased air and space traffic, and the assessment of solar
climate interventions. NOAA is encouraged to develop an
interagency program, in coordination with the Office of Science
and Technology Policy (OSTP) and other relevant agencies, to
manage near-term climate hazard risk and coordinate research in
climate intervention and to coordinate with NASA for long-range
manned and autonomous in-situ atmospheric observational
capabilities. OAR is also directed, in coordination with NASA
and the Department of Energy (DOE), as appropriate, to improve
the understanding of the impact of atmospheric aerosols on
radiative forcing, as well as on the formation of clouds,
precipitation, and extreme weather.
NOAA is directed to support OSTP, in coordination with DOE
and the National Science Foundation (NSF), to provide a five-
year plan, not later than 180 days after enactment of this Act,
with a scientific assessment of solar and other rapid climate
interventions in the context of near-term climate risks and
hazards. The report shall include: (1) the definition of goals
in relevant areas of scientific research; (2) capabilities
required to model, analyze, observe, and monitor atmospheric
composition; (3) climate impacts and the Earth's radiation
budget; and (4) the coordination of Federal research and
investments to deliver this assessment to manage near-term
climate risk and research in climate intervention.
Climate Adaptation Partnerships.--The agreement provides
$2,500,000 above the fiscal year 2021 enacted level within
Regional Climate Data and Information to greatly expand OAR's
Climate Adaptation Partnerships (CAPs), formerly known as the
Regional Integrated Sciences and Assessments program, to help
communities plan for and build lasting and equitable climate
resilience.
VORTEX-USA.--The agreement provides no less than $7,500,000
for VORTEX-USA, including no less than $7,000,000 for VORTEX-
SE.
Earth Prediction Innovation Center (EPIC).--Within funding
for the U.S. Weather Research Program, the agreement provides
no less than the fiscal year 2021 enacted level for EPIC, as
authorized by the NIDIS Reauthorization Act of 2018 (Public Law
115-423).
Next Generation Phased Array Weather Radars.--Within
Tornado Severe Storm Research / Phased Array Radar, the
agreement provides an increase of $2,500,000 above the fiscal
year 2021 enacted level, as requested, to develop advanced
phased array weather radar systems and to strengthen NOAA's
collaboration with current CI partners with expertise in this
area. This investment should also work in parallel to provide
complementary research and development to meet National Weather
Service requirements and to reduce long-term operations and
maintenance costs of the future national radar network.
Further, no later than 270 days after enactment of this Act,
NOAA is directed, through its intramural radar research center
of excellence at the National Severe Storm Lab and its
affiliated academic partner, to provide a report on the
feasibility and capability for a single-face rotating phased
array radar to improve NOAA's weather prediction.
National Sea Grant College Program.--The agreement provides
$76,000,000 for the National Sea Grant College Program, which
includes an increase of no less than $2,000,000 above the
fiscal year 2021 enacted level for the base program that funds
universities in States and Territories around the country.
In addition, the IIJA provides $50,000,000 over five years
for marine debris prevention and removal through the National
Sea Grant College Program, including $10,000,000 in fiscal year
2022.
Coastal Resilience.--Within funding provided for the Sea
Grant program, NOAA is encouraged to increase coastal
resilience activities across all State programs. This may
include recruitment of resilience-focused staff and enhancing
research, engagement, decision support, and project
implementation. NOAA is encouraged to prioritize work to
enhance the coastal resilience of remote communities most at-
risk for natural disasters and chronic events, with a priority
given to challenges faced by Tribal, indigenous, or
economically disadvantaged communities.
American Lobster Research.--Within funding for the Sea
Grant program, the agreement provides $2,000,000 for
partnerships among State agencies, academia, and industry to
address American lobster research priorities in the Gulf of
Maine, Georges Bank, and southern New England. Research should
focus on development of gear technologies, including subsea
gear location field work and operationalizing technology to the
scale of commercial fisheries, as well as other relevant topics
necessary to help industry comply with the requirements set
forth in the final 2021 rule to modify the ALWTRP (FR-210827-
0171).
Contaminants of Emerging Concern.--The agreement provides
$1,000,000 within the Sea Grant program to partner with State
agencies and academic institutions to research and monitor
contaminants of emerging concern that may cause ecological or
human health impacts, including PFAS, in coastal and estuarine
waters.
Local and Regional Seafood Systems.--House language and
funding for ``Local and Regional Seafood Systems'' is not
adopted, instead this initiative is funded through a NOAA
Community Project Funding/NOAA Special Project.
Highly Migratory Species (HMS).--House language regarding
HMS is modified to encourage Sea Grant to collaborate with NMFS
on HMS research within available funds, for Atlantic, Pacific,
and Gulf of Mexico HMS.
Young Fishermen Training.--NOAA is encouraged to provide
training, education, outreach, and technical assistance for
young fishermen through the Sea Grant program as authorized
under the Young Fishermen's Development Act (Public Law 116-
289).
Ocean Exploration and Research.--The agreement adopts the
House direction for Ocean Exploration and Research and directs
NOAA to spend funding within the U.S. Exclusive Economic Zone.
Ocean Acidification.--The agreement adopts House language
regarding the Integrated Ocean Acidification Program and
provides $16,000,000, an increase of $500,000 above the fiscal
year 2021 enacted level for these efforts.
National Oceanographic Partnership Program (NOPP).--The
agreement provides $2,000,000 for NOPP to facilitate
interagency and public-private partnerships to advance ocean
science research, development, and education. Within the
funding provided up to $1,000,000 shall be used to support the
establishment of an externally competed NOPP program office and
the Ocean Research Advisory Panel as part of NOAA's
responsibility under Public Law 116-283.
National Weather Service (NWS).--$1,174,470,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations............................................... $241,500
Central Processing......................................... 103,322
Analyze, Forecast and Support.............................. 562,000
Dissemination.............................................. 106,000
Science and Technology Integration......................... 161,648
============
Total, National Weather Service, Operations, Research, $1,174,470
and Facilities........................................
------------------------------------------------------------------------
NWS Staffing.--The agreement provides an increase of
$25,000,000 above the fiscal year 2021 enacted level for
Analyze, Forecast and Support (AFS) to increase staffing at
weather forecast offices and for the requested adjustments to
base. For fiscal year 2022, NWS shall follow prior year
direction regarding ``NWS Staffing in Alaska'' adopted in
Public Law 116-260.
Programmatic Priorities.--In lieu of House language on
``Sub-seasonal to Seasonal Decision Support Services,'' the
agreement notes the importance of the programmatic priorities
identified in the budget request including, Sub-seasonal to
Seasonal Predictions, Fire Weather Predictions, Flood
Inundation Mapping, Space Weather Research to Operations,
Seasonal Forecast System, Expanding Internship Opportunities,
Expanded and Enhanced Services to Vulnerable and Underserved
Communities and directs NOAA to report to the Committees how
these priorities will be augmented with resources provided in
the IIJA and the Disaster Relief Supplemental Appropriations
Act, 2022 (Public Law 117-43).
National Mesonet Program.--The agreement provides no less
than $22,700,000 for the continuation and expansion of the
National Mesonet Program. Of the funds provided, up to $750,000
may be used for Meteorological Assimilation Data Ingest System
activities, and up to $500,000 may be used for costs associated
with the National Mesonet Program Office. In addition, through
NOAA Community Project Funding/NOAA Special Projects, the
agreement provides $1,821,000 to expand a State mesonet
program.
National Data Buoy Center (NDBC).--The agreement adopts
direction included in Public Law 116-260 regarding the NDBC,
including the requirement to provide details in NOAA's fiscal
year 2022 spend plan.
Tsunami Warning Program.--The agreement provides no less
than the fiscal year 2021 enacted level for the Tsunami Warning
Program.
Automated Surface Observing System (ASOS).--NWS is directed
to ensure that rural and remote communities who
disproportionately rely on ASOS operability for continued
reliable air service are provided with additional resources,
such as trained human observers, to continue observing
capabilities in the event of an ASOS outage.
Environmental Processes in the Arctic.--Within funding
provided for AFS, NWS is encouraged to develop capacity for
seasonal to multiannual timescale predictions of environmental
processes in the Arctic.
Dissemination.--The agreement provides $106,000,000 for
Dissemination, which includes an additional $12,000,000 above
the fiscal year 2021 enacted level to optimize and upgrade the
integrated dissemination program and the requested adjustments
to base.
Office of Water Prediction (OWP).--The agreement provides
no less than $36,500,000 for the OWP. The agreement recognizes
the need to improve modeling and forecasts for western water
availability, while also facilitating more efficient transition
of water resources prediction capabilities into operations to
meet community needs in all regions. NOAA is encouraged to
coordinate activities funded in the IIJA related to coastal and
inland flood and inundation mapping and forecasting and water
modeling through the National Water Center (NWC).
Hydrology and Water Resource Programs.--The agreement
provides $20,000,000 for NOAA to support the Hydrology and
Water Resources CI, which is $5,000,000 above the fiscal year
2021 enacted level. This amount includes $19,000,000 within
Science Technology and Integration (STI) and $1,000,000 within
NOS. NOAA is encouraged to leverage the CI to align maximum
precipitation, coastal and inland inundation forecast, and
water modeling activities with funds provided through Public
Law 117-43 and the IIJA.
Consumer Option for an Alternative System To Allocate
Losses (COASTAL) Act Implementation.--The agreement provides
the requested amount within STI for continued development and
implementation of the COASTAL Act (Public Law 112-141). NOAA is
directed to continue to leverage existing Federal assets,
expertise, and partnerships in carrying out COASTAL Act
activities.
Atlas-14.--The agreement does not adopt House language
regarding Atlas-14, but encourages NWS to continue to update
these critical reports from other available funds, including
those provided by the IIJA.
Oversight.--The agreement includes a transfer of $750,000
from NWS to the Department of Commerce Office of Inspector
General (OIG) for budgetary and programmatic oversight
activities. NWS is directed to work collaboratively with the
OIG.
National Environmental Satellite, Data and Information
Service (NESDIS).--$322,131,000 is for NESDIS Operations,
Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Office of Satellite and Product Operations............... $198,393
Product Development, Readiness and Application........... 41,238
Office of Space Commerce................................. 16,000
U.S. Group on Earth Observations......................... 500
------------
Environmental Satellite Observing Systems.................. 256,131
============
National Centers for Environmental Information............. 66,000
============
Total, National Environmental Satellite, Data and $322,131
Information Service, Operations, Research, and
Facilities............................................
------------------------------------------------------------------------
Office of Satellite and Product Operations.--The agreement
provides $3,000,000 above the fiscal year 2021 enacted level
for Satellite and Product Operations Deferred and Extended
Maintenance, including for upgrades to ground systems and
antenna systems at facilities such as those in Virginia, West
Virginia, and Alaska, as requested.
Product Development, Readiness and Application.--The
agreement provides $12,000,000 above the fiscal year 2021
enacted level to Advance Core Activities and to support Ocean
Remote Sensing. House language regarding Wildfire Demonstration
Products is modified to encourage this work within available
funds.
Office of Space Commerce (OSC).--The agreement provides
$16,000,000 for OSC, which is $6,000,000 above the fiscal year
2021 enacted level. NOAA is directed to advance space traffic
management and space situational awareness capabilities, in
collaboration with industry and Federal partners. No later than
45 days after enactment of this Act, NOAA shall provide the
Committees with a detailed spending plan for the funds provided
to OSC. Further, no later than 90 days after enactment of this
Act, NOAA shall provide the Committees a five-year strategic
plan for OSC to achieve full operational capability, including
out-year mission deliverables and expected budgetary
requirements.
National Centers for Environmental Information.--The
agreement provides no less than $7,500,000 for Regional Climate
Services, including no less than $5,100,000 for Regional
Climate Centers. The agreement provides $5,500,000 for the
Coastal Data Development program, which shall be considered as
the central repository to manage data collections from NOAA
uncrewed systems as authorized by the Commercial Engagement
Through Ocean Technology (CENOTE) Act (Public Law 115-394).
NESDIS Regional Support.--NESDIS is encouraged to consider
deploying more of its subject matter expertise regionally to
demonstrate new uses of satellite data and integrated
information systems to meet local and specific needs, educating
and partnering with scientists and users in the community who
can use and expand the applications of the data, and learning
from those community users in the process.
Mission Support.--$317,535,000 is for Mission Support
Operations, Research, and Facilities.
MISSION SUPPORT
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support Services:
Executive Leadership..................................... 28,230
Mission Services and Management.......................... 166,000
IT Security.............................................. 15,438
Payment to the DOC Working Capital Fund.................. 67,867
Facilities Maintenance................................... 6,250
------------
Mission Support Services................................... 283,785
============
Office of Education:
BWET Regional Programs................................... 8,250
Jose E. Serrano Educational Partnership Program with 20,000
Minority Serving Institutions...........................
NOAA Education Program Base.............................. 5,500
============
Office of Education........................................ 33,750
============
Total, Mission Support, Operations, Research, and $317,535
Facilities............................................
------------------------------------------------------------------------
Sexual Assault and Sexual Harassment.--NOAA is directed to
continue implementing NOAA Administrative Order (NAO) 202-1106
on sexual assault and sexual harassment prevention and is
provided an increase of $900,000 above the fiscal year 2021
enacted level from within available funds across NOAA. NOAA
shall continue to provide the Committees with a copy of the
report required under Section 12.02 of NAO 202-1106.
Technical Transfer.--The agreement accepts the proposed
transfer from the DOC Working Capital Fund to Mission Services
and Management.
NOAA's Open Data Dissemination (NODD).--The agreement
supports the NODD initiative to improve public access to
climate change data and to transition NOAA data to the cloud.
NOAA shall deliver to the Committees, no later than 120 days
after enactment of this Act, a report detailing these efforts.
Cybersecurity.--NOAA is directed to fully implement the
recommendations in the OIG report ``NOAA Inadequately Managed
Its Active Directories That Support Critical Missions'' (OIG-
22-018-A) to prevent cyberattacks.
Facilities Maintenance.--The agreement provides $6,250,000
for Facilities Maintenance to address the growing backlog of
deferred maintenance needs at NOAA facilities. Before any of
these funds may be obligated, NOAA is directed to provide the
Committees with a detailed spending plan consistent with prior
year direction adopted in Public Law 116-260. Within the
funding provided, NOAA shall begin the business case analysis
for a new center of excellence, as requested.
Providing Opportunities within the Ocean Sciences.--NOAA is
encouraged to partner with an established consortium of higher
education, industry, and non-profit organizations to offer
access to a research vessel and to associated programming
dedicated to increasing opportunities for underrepresented
groups within the ocean sciences.
National Ocean Sciences Bowl (NOSB).--NOAA is directed to
meet its obligations to fully fund the NOSB in fiscal year
2022, in partnership with other agencies and non-Federal
entities.
Office of Marine and Aviation Operations (OMAO).--
$272,250,000 is for OMAO Operations, Research, and Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations:
Marine Operations and Maintenance........................ $173,000
Aviation Operations and Aircraft Services................ 34,500
Autonomous Uncrewed Technology Operations................ 14,000
NOAA Commissioned Officer Corps.......................... 50,750
============
Total, Office of Marine and Aviation Operations, $272,250
Operations, Research, and Facilities..................
------------------------------------------------------------------------
Office of Health Services.--The agreement supports the work
of the Office of Health Services and encourages NOAA to expand
the program throughout the agency within funds provided agency-
wide.
Charter Vessels.--NOAA is encouraged to enter into charter
agreements for the services of not less than two private sector
vessels to supplement its charting and survey efforts to
address the growing backlog of unfulfilled missions,
particularly those in Arctic waters.
Monitoring of Atmospheric Rivers.--The agreement provides
up to $2,000,000 within Aviation Operations and Aircraft
Services to observe and predict atmospheric rivers.
Airborne Phased Array Radar (APAR).--No later than 90 days
after enactment of this Act, and in coordination with OAR, NWS,
and external partners, OMAO is directed to develop and submit
to the Committees a complete research-to-operations transition
plan for APAR, in accordance with the requirements for agency
transition plans set forth under NAO 216-105B, section 3.06.
Autonomous and Uncrewed Technology Operations (AUTO).--OMAO
is reminded that AUTO was established and placed within OMAO to
support and augment the operational and research requirements
of NOAA's line offices. Within the funds provided for AUTO, no
less than $5,000,000 shall be used to support extramural
partnerships with universities and oceanographic institutions
for uncrewed maritime systems (UMS) that can serve as a cost-
effective augmentation for traditional crewed assets. Further,
the agreement provides up to $3,000,000 to continue funding
agency-wide data acquisition from UMS, as defined within Public
Law 115-394, as well as for acquisition of UMS that can serve
as a cost-effective augmentation for relevant research missions
and fisheries data collection surveys.
Furthermore, NOAA is encouraged to continue to use
partnerships with universities, oceanographic institutions, and
other Federal agencies, especially the Naval Meteorology and
Oceanography Command and the Naval Undersea Warfare Center, to
leverage UMS assets and facilities to support program
development. OMAO is also encouraged to coordinate with IOOS
regarding use of underwater gliders and surface vehicles when
implementing the NOAA Unmanned Systems Strategy. NOAA is
directed to utilize the NOAA Fleet Council to submit a
prioritized, agency-wide list of research and operational
missions that could be performed or augmented using UMS as part
of NOAA's fiscal year 2022 spending plan.
Aviation Accession Training.--The agreement provides no
less than $500,000 within NOAA Commissioned Officer Corps to
support OMAO's aviation accession training program, as
authorized in section 105 of Public Law 116-259.
NOAA Community Project Funding/NOAA Special Projects.--NOAA
is directed to provide the amounts listed in the table below of
NOAA Community Project Funding/NOAA Special Projects consistent
with NOAA's existing authorities, jurisdictions, and
procedures, as appropriate. NOAA shall perform the same level
of oversight and due diligence regarding these projects as with
any other external partners.
NOAA COMMUNITY PROJECT FUNDING/NOAA SPECIAL PROJECTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Alabama State Port Authority....... Physical Oceanographic $233,000
Real-Time System
(PORTS) Sensors, Port
of Mobile.
Alaska Division of Geological & Coastal and Nearshore $5,000,000
Geophysical Survey. Mapping of Alaska.
Alaska Research Consortium......... Seafood Processors $987,000
Refrigeration
Certificate Training
Program.
AltaSea at the Port of Los Angeles. Blue Economy STEM $600,000
Education Program.
Audubon Nature Institute........... Emergency Response $435,000
Communications
Eguipment.
Bigelow Laboratory for Ocean Ocean Science STEM $89,000
Sciences. Educational Workshops.
Chicago Metropolitan Agency for Chicago Urban Flood $175,000
Planning (CMAP). Susceptibility
Project.
City of Milwaukie.................. Kellogg Dam Channel $585,000
Study.
Coastal Preservation Network....... Restoration & $263,000
Stabilization of Two
On-Water Platforms on
Flushing Bay.
Columbia River Inter-Tribal Fish Coastal Margin $760,000
Commission. Observation and
Prediction Program
Upgrade and Expansion.
County of Midland.................. Tittabawassee River $400,000
Watershed Data
Collection and
Resiliency Planning.
Department of Land and Natural Coastal Restoration $2,100,000
Resources. and Stewardship.
Division of Conservation and Makai Island Neighbor- $190,000
Resources Enforcement. Watch Pilot Program.
Florida International University... Aquarius Coral Reef $1,135,000
Observatory.
Florida International University... Greater Biscayne Bay $2,000,000
Harmful Algae Bloom
Monitoring Program.
George Mason University............ Virginia Climate $1,979,000
Center.
Georgia Institute of Technology.... Coastal Infrastructure $5,000,000
and Resilience
Research Initiative.
Greater Farallones Association..... Greater Farallones $2,000,000
National Marine
Sanctuary Kelp
Recovery.
Gulf of Maine Research Institute... Gulf of Maine Research $650,000
Institute's Climate
Center Project.
High Technology Foundation......... I-79 Technology $2,000,000
Corridor Consortium.
Kako`o `Oiwi....................... He`eia Restoration.... $1,500,000
Kua`aina Ulu `Auamo................ Restorative $141,000
Aquaculture for Stock
Enhancement.
Lake Champlain Basin Program....... Lake Champlain $750,000
Monitoring
Observatory.
Maine Department of Marine Planning for the $765,000
Resources. Future of Maine's
Lobster Industry.
McKenzie River Trust............... Finn Rock Floodplain $1,699,000
Habitat Restoration
Project.
Monmouth University................ Monmouth University $460,000
Coastal Resilience
Planning.
Montclair State University......... Traveling HAB $400,000
Laboratory Education
Program.
Municipal Alliance for Adaptive Great Bay Estuary $1,000.000
Management. Restoration Plan.
Museum of Science, Inc............. National Center for $1,150,000
Education and
Conservation of
Florida's Coral Reef.
NCCOS Cooperative Oxford Laboratory Bay and Ocean Research $120,000
Initiative.
New England Aquarium............... New England Aquarium $1,000,000
Ocean Research
Programs.
New Hampshire Fish and Game Improving Protections $50,000
Department. for Endangered North
Atlantic Right Whales
and Mitigating
Regulatory Impacts on
U.S. Fisheries.
New Mexico State University........ ZiaMet MesoNet Weather $1,821,000
Monitoring Network
Expansion.
NOAA Office of National Marine Mallows Bay Virtual $95,000
Sanctuaries. Paddle Experience
Development.
NOAA's James J. Howard Marine Social and Ecological $480,000
Sciences Laboratory at Sandy Hook. Resilience Projects
for New Jersey Coasts
and Oceans.
Northern Illinois University....... Understanding and $660,000
Mitigating Future
Weather and Climate
Risks to Agriculture.
Northwest Straits Commission....... Northwest Straits $3,000,000
Marine Conservation
Initiative.
NYC Mayor's Office of Climate Integrated Modeling of $150,000
Resiliency. Compound Flood Risks
Initiative.
Oceans Initiative.................. Targeted Acoustic $322,000
Startle Technology
(TAST) at the Ballard
Locks.
Oregon Department of Fish and Whale Entanglement $100,000
Wildlife. Risk Reduction
Research.
Pacific States Marine Fisheries Expand Adoption of $2,000,000
Commission. Electronic Monitoring
in Alaska Fisheries.
Purple Mai'a Foundation............ Native Hawaiian $445,000
Fishpond Coastal
Monitoring and
Outreach.
Roger Williams University.......... Development for $1,600,000
Equitable Growth of
Shellfish Aquaculture
Industry in Rhode
Island.
San Diego Unified Port District.... Habitat-Friendly $1,000,000
Shoreline Structures.
San Jose State University Research Wildfire $1,150,000
Foundation. Interdisciplinary
Research Center.
Save the Bay....................... Watershed Education $300,000
Program Initiative.
State of Hawai'i Division of Hawaiian Coral Ark $286,000
Aquatic Resources. Facility Support.
Stockton University................ Stockton University, $500,000
Coastal Resiliency
Equipment, Education,
and Outreach.
Texas State University............. Texas State University $2,000,000
Meadows Center
Climate Change Impact
on Water Initiative.
The Desert Research Institute...... Climate Research $2,000,000
Initiative.
The Hawai'i Department of Land and Waikiki Marine Life $415,000
Natural Resources, Division of Conservation District
Aquatic Resources. Coral Restoration.
The Marine Mammal Center........... Emergency Marine $500,000
Mammal Field
Response, Research,
and Rehabilitation.
The Maritime Aquarium at Norwalk... Removal of Derelict $569,000
Lobster Pots.
The National Aquarium, Inc......... National Aquarium STEM $332,000
Education Initiative.
The Nature Conservancy............. Oyster Aquaculture and $150,000
Restoration
Initiative.
The Nature Conservancy Hawai'i..... Putting People to Work $500,000
Supporting Community-
Based Co-Management
of Coastal Resources
in Hawai'i.
The Nurture Nature Center.......... CREATE Resilience $140,000
Research and
Community Learning
Hub.
The Ocean Foundation............... Oregon Kelp Forest $945,000
Survey.
The Regents of the University of Mobile LiDAR System... $800,000
California, Scripps Institution of
Oceanography.
The Regents of the University of Southern California $5,600,000
California, Scripps Institution of DDT ocean dumpsite
Oceanography. characterization,
monitoring, and
research pilot
project.
The University of Mississippi...... Infrasonic Weather $2,000,000
Monitoring Research
to Improve Detection
of Violent Weather.
Tillamook County................... Tillamook County Fish $2,500,000
Passage Restoration.
Town of Hempstead, New York........ Marine Nature Study $130,000
Area.
University at Albany - SUNY........ Vertical Sensing $900,000
Evaluation Initiative.
University of Alaska Anchorage..... Engaging Diverse $750,000
Communities in
Stewardship of Wild
Salmon in Cook Inlet.
University of Delaware/Delaware Sustainable Energy $1,290,000
State University. Research.
University of Hawai'i.............. Moku o Lo'e Marine $200,000
Laboratory Refuge Eco-
Friendly Sea Wall
Research.
University of Hawai'i.............. Pu'uloa Shoreline $445,000
Biocultural
Restoration.
University of Maine................ Maine Climate $990,000
Coordination Center.
University of Maine................ Support for Local and $2,000,000
Regional Seafood
Systems.
University of Rhode Island......... On-water Research $250,000
Facility Initiative.
University of Rhode Island......... Sustainable Seafood $1,000,000
Research
Collaborative.
University of Rhode Island......... University of Rhode $1,000,000
Island Integrated
Plastics Research.
University of South Florida........ Observing $2,000,000
Infrastructure to
Address Flooding
Risks Due to Climate
Change at the
Community Level.
University of Vermont.............. University of Vermont, $2,000,000
Land Cover
Observatory.
University of Wisconsin-Madison, Next Generation $1,200,000
Space Science and Engineering Scanning High-
Center. Resolution
Interferometer
Sounder (S-HIS)
Aircraft Instrument.
Virginia Polytechnic Institute and Improving Summer $300,000
State University. Flounder Fisheries
Management in a
Changing Ocean.
Washington Department of Fish and Columbia River $892,000
Wildlife. Pinniped Removal.
Waterfront Alliance, Inc........... Flushing Meadows $531,000
Corona Park: A Hub
for Climate
Resilience.
Worcester State University......... Diversity and $500,000
Inclusion in STEM
Initiative.
------------------------------------------------------------------------
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$1,685,689,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,672,689,000 is
appropriated from the general fund and $13,000,000 is derived
from recoveries of prior year obligations. The following
narrative and table identify the specific activities and
funding levels included in this Act:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
National Estuarine Research Reserve Construction......... $6,500
Marine Sanctuaries Construction.......................... 5,000
------------
Total, NOS--PAC........................................ 11,500
============
Office of Oceanic and Atmospheric Research Research 48,500
Supercomputing/CCRI.......................................
============
National Weather Service
Observations............................................. 16,200
Central Processing....................................... 68,000
Dissemination............................................ 10,000
Facilities Construction and Major Repairs................ 13,000
------------
Total, NWS--PAC........................................ 107,200
============
National Environmental Satellite, Data and Information
Service
Geostationary Systems--R................................. 335,500
Polar Weather Satellites................................. 390,000
Space Weather Follow On.................................. 146,900
Geostationary Earth Orbit................................ 150,000
Low Earth Orbit.......................................... 66,400
Space Weather Next....................................... 55,000
Projects, Planning, and Analysis......................... 15,945
Systems/Services Architecture and Engineering............ 68,500
Common Ground Services................................... 64,294
Satellite CDA Facility................................... 2,450
------------
Total, NESDIS--PAC..................................... 1,294,989
============
Mission Support
NOAA Construction........................................ 59,000
============
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion....... 25,000
Vessel Recapitalization and Construction................. 106,500
Aircraft Recapitalization and Construction............... 33,000
------------
Total, OMAO--PAC....................................... 164,500
============
Total, Procurement, Acquisition and Construction... $1,685,689
------------------------------------------------------------------------
Judgment Fund Repayment.--The agreement does not provide
funding for NOAA to make payments to the Department of the
Treasury Judgment Fund.
Marine Sanctuaries Construction.--Within funding provided
for Marine Sanctuaries Construction, NOAA is encouraged to
prioritize recapitalization of National Marine Sanctuaries
vessels.
Research Supercomputing.--The agreement provides an
increase of $5,000,000 for Research Supercomputing/CCRI. Within
the increase, NOAA is encouraged to prioritize efforts to
understand and predict sea level rise and coastal inundation
and extreme weather. The agreement also includes $15,000,000 to
continue to develop a dedicated high performance computing
facility consistent with prior year direction adopted in Public
Law 116-260.
In addition, the IIJA provides $80,000,000 for research
supercomputing infrastructure used for weather and climate
model development to improve drought, flood, and wildfire
prediction, detection, and forecasting. Public Law 117-43
provided an additional $50,000,000 for improvements to
operational and research weather and climate supercomputing and
other related systems.
Integrated Water Prediction (IWP).--The agreement provides
no less than the fiscal year 2021 enacted level for Central
Processing under NWS PAC, which includes not less than
$5,739,000 to procure operational high performance computing
resources to enable modeling improvements associated with the
IWP initiative, consistent with direction adopted in Public Law
116-260.
Weather Radar Maintenance.--Within funding provided for NWS
Facilities Construction and Major Repairs, the agreement
provides up to $5,500,000 to support relocation and
recapitalization of existing Doppler weather radars operated by
NWS.
NESDIS Budget Reorganization.--The agreement partially
adopts the proposal to reorganize the NESDIS PAC budget
structure. New Low Earth Orbit (LEO) and Space Weather Next
(SWNext) PPAs are created to complement the current, ongoing
programs of record (i.e., Polar Weather Satellites and Space
Weather Follow On, respectively) and to fund gap mitigation and
risk reduction activities along with supporting continuity of
observations from LEO and those observations that support
NOAA's space weather forecast operations. The agreement also
includes a Common Ground Services PPA, formerly known as
Satellite Ground Services. Within LEO, the agreement includes
the requested amounts for Cooperative Data and Rescue Services
and COSMIC--2/GNSS RO. However, the proposal to combine funding
for next-generation satellite programs with current, ongoing
programs of record that have lifecycle costs codified in this
Act is not adopted.
The agreement provides the fiscal year 2022 requirements
for the Geostationary Extended Observations (GeoXO) program,
which will work towards completion of Phase A studies for the
spacecraft and for the instruments (ocean color, lightning
mapper, infrared sounder, day/night imagery, and atmospheric
composition) identified in the architecture constellation.
No later than 180 days after enactment of this Act, NESDIS
shall provide the Committees with a report about the user needs
and requirements and estimated lifecycle costs of the next
generation of NOAA flagship weather satellites, including
GeoXO, LEO Weather Satellites, and SWNext.
Systems/Services Architecture and Engineering.--The
agreement provides $25,000,000 above the fiscal year 2021
enacted level for Joint Venture Partnerships with NASA and the
commercial sector to continue to leverage emerging capabilities
for NOAA's operational use.
The agreement also provides $17,000,000 for the Commercial
Data Purchase and Commercial Weather Data Pilot programs.
Within these funds and consistent with direction from the
Promoting Research and Observations of Space Weather to Improve
the Forecasting of Tomorrow (PROSWIFT) Act (Public Law 116-
181), the agreement provides up to $5,000,000 for a Commercial
Space Weather Data Pilot for NOAA to collaborate with
commercial companies for the testing and analysis of space
weather data.
NOAA Construction.--The agreement provides $59,000,000 for
NOAA's highest priority facilities construction, repair, and
deferred maintenance requirements. NOAA is directed to
prioritize funding for infrastructure projects related to
marine operations, including facilities to accommodate NOAA
research vessels and to immediately inform the Committees if
there are any significant schedule delays or project cost
increases. Thirty days before obligating any funds, NOAA shall
submit a report detailing how the funds will be expended and an
explanation of why these projects were prioritized.
Within the funds provided for NOAA Construction, NOAA shall
initiate the regional studies in the Northeast and Southeast
and support the implementation of the Northwest Regional
Footprint Study, as requested. As part of this work, NOAA is
encouraged to accelerate the competitive solicitation process
for proposals from academic, university, and nonprofit partners
to co-locate NMFS laboratories as a means of leveraging
research efforts and enhancing scientific capabilities.
NOAA Ship Ronald H. Brown.--The agreement provides
$63,000,000, as requested, to commence the mid-life repair
period for the NOAA Ship Ronald H. Brown.
Aircraft Recapitalization.--Within funding for Aircraft
Recapitalization and Construction, the agreement provides
$11,000,000 for NOAA's effort to replace its high altitude jet,
$5,000,000 to begin Service Depot Level Maintenance for NOAA's
two turboprop Hurricane Hunter aircraft, and $17,000,000 to
procure a new King Air aircraft as called for in the NOAA
Aircraft Plan delivered to Congress in October 2019. All future
NOAA Aircraft Plans shall include a procurement plan for each
identified aircraft, to include a current best estimate of the
cost to procure such aircraft.
Hurricane Hunter Aircraft.--NOAA's two turboprop Hurricane
Hunter aircraft are critical to accurate hurricane forecasting
and predictions. As the aircraft are approaching 50 years old,
it is imperative that NOAA plans for the eventual replacements.
As such, OMAO is directed to continue its partnership with
academia, government, and industry partners for the
engineering, instrumentation, modification, and acquisition of
the Hurricane Hunter replacements in fiscal year 2022.
Mission Requirement Costs.--NOAA shall, in all future
budget submissions to Congress, detail any unfunded mission
requirement costs, particularly those that are necessary to
maintain the optimal operational tempo of NOAA's assets and
posture of NOAA facilities.
PACIFIC COASTAL SALMON RECOVERY
The agreement includes $65,000,000 for the Pacific Coastal
Salmon Recovery Fund (PCSRF) and directs that funds will be
available to Tribes without a matching requirement. NOAA is
directed to report on how its current priorities meet the
intent of the PCSRF to support the recovery and protection of
all declining salmon stocks.
FISHERMEN'S CONTINGENCY FUND
The agreement includes $349,000 for the Fishermen's
Contingency Fund.
FISHERIES FINANCE PROGRAM ACCOUNT
The agreement includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $100,000,000 for traditional direct
loans. NOAA is encouraged to facilitate new vessel
construction, vessel replacement, and upgrades within the
Fisheries Finance Program to the greatest extent practicable.
Departmental Management
SALARIES AND EXPENSES
The agreement includes $80,000,000 for Departmental
Management (DM) salaries and expenses. The increased funding
level is intended to support current services, requested
adjustments to base, including the restoration of positions
that were reduced in fiscal year 2020, and programmatic changes
highlighted herein. The agreement does not assume the funding
for the implementation of Executive Order 13873, ``Securing the
Information and Communications Technology and Services Supply
Chain'' and fleet conversion to electric vehicles within DM
salaries and expenses. However, the agreement expects these
important initiatives will be carried out within and funded by
the bureaus, as appropriate, and directs the Department to
provide details on these programs, where applicable, in the
respective bureaus' fiscal year 2022 spend plans. Finally, the
agreement supports the administrative savings identified in the
fiscal year 2022 budget request.
For fiscal year 2022, the Department is directed to follow
prior year directives, adopted in Public Law 116-260, under the
headings ``Staffing Report,'' ``Salary Lapse,'' ``Department of
Commerce Working Capital Fund,'' ``Improving Trade Data
Reporting,'' and ``Section 232 Exclusion Process.''
Additionally, for fiscal year 2022 the Department is directed
to follow prior year directives included in Senate Report 116-
127 and adopted by Public Law 116-93, on ``Working Capital
Funds.''
RENOVATION AND MODERNIZATION
The agreement includes a total of $1,100,000 for the
Renovation and Modernization account. For fiscal year 2022, the
Department is directed to follow prior year report language
included in Senate Report 116-127 and adopted by Public Law
116-93 under this heading.
NONRECURRING EXPENSES FUND
The agreement includes $30,000,000 for the Department of
Commerce Nonrecurring Expenses Fund to support the business
application system modernization and cybersecurity risk
mitigation efforts at the Department. The agreement provides up
to $20,000,000 for the business application system
modernization. The Department is directed to provide an updated
5-year budget profile for both programs as part of the fiscal
year 2023 budget request.
In lieu of House report language directing the Department
to review where the cybersecurity related expenses are best
positioned within the Department, the agreement acknowledges
the Department's briefing on its Cyber Reserve Fund Proposal to
the Committees on July 19, 2021.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $47,089,000 for the
Office of Inspector General (OIG). This amount includes
$35,783,000 in direct appropriations, a $2,000,000 transfer
from USPTO, a transfer of $3,556,000 from the Bureau of the
Census, Periodic Censuses and Programs, and $3,750,000 from
NOAA for audits and reviews of those programs. In addition,
$2,000,000 is derived from the Public Safety Trust Fund for
oversight of FirstNet.
The agreement directs the OIG to continue its oversight
work on cybersecurity, NOAA satellite and vessel procurements,
telework, patent quality, the decennial census, and the
business application system modernization. The agreement
directs the OIG to continue its assessment of all of the
working capital funds within the Department as described in the
joint explanatory statement accompanying Public Law 116-260.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department of Commerce
salaries and expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 removes the requirement for matching funds for
amounts provided in this Act through the Manufacturing
Extension Partnership.
Section 112 allows the Secretary of Commerce to waive the
cost sharing requirements for funds provided in this Act under
sections 306, 306A, and 315 of the Coastal Zone Management Act
of 1972.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The agreement includes $127,794,000 for General
Administration, Salaries and Expenses. In addition, the
agreement provides funding for the Department's classified
programs as described in the classified annex accompanying this
explanatory statement.
For fiscal year 2022, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Trafficking in Persons,'' ``Domestic Trafficking
Victims Fund Special Assessments,'' ``Human Trafficking Justice
Coordinators,'' ``Constitutional Policing,'' ``Enforcement of
Federal Hate Crimes Law,'' ``Combating Domestic Terrorism,''
``Human Rights Crimes,'' ``Wildlife Trafficking,'' and ``Office
of Legal Counsel (OLC) Opinions.'' The Department shall submit
updated reports consistent with the directives.
In lieu of House language on ``Prosecutions Related to
January 6'', the agreement provides support to DOJ components
funded in this bill to ensure that all criminal activity
associated with the events at the United States Capitol Complex
on January 6, 2021, is investigated and prosecuted.
Domestic Extremism.--In lieu of language in the House
Report on concerns about threats aimed at undermining efforts
by law enforcement to address violent extremists, the
Department is directed to report to the Committees on
Appropriations and the Judiciary, within 90 days of the date of
enactment of this Act, on the Department's assessment of the
domestic terrorism threat, including extremists' efforts to
undermine Federal, State, and local law enforcement agencies;
and an analysis of incidents or attempted incidents of domestic
terrorism that occurred in the United States during the
preceding fiscal year.
Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016.--The agreement includes $14,500,000 for DOJ
component agencies to implement the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016.
Task Force on Law Enforcement Oversight and Use of Force
Database.--In lieu of House report language, the Attorney
General is reminded that the joint explanatory statement
accompanying Public Law 116-260 directed the Department to
provide up to $5,000,000 for the establishment and operation of
a Task Force on Law Enforcement Oversight, and section 222 of
that Act appropriated $5,000,000 for the development and
operation of a database concerning substantiated instances of
excessive use of force and officer misconduct. Those funds have
not yet been obligated, nor have actions yet been taken to
establish and operate the Task Force and the database as
directed by and funded through that Act.
The Attorney General shall implement these efforts, and
apply the funding, as directed in Public Law 116-260 and in the
joint explanatory statement accompanying that Act, and report
to the Committees not later than 30 days after the date of
enactment of this Act on the status of efforts to fulfill those
directions, the status of funding obligated for such purposes,
and detailed plans for the work of the Task Force and the
operations of the database for fiscal years 2022 and 2023. The
Department shall provide updated briefings on these efforts to
the Committees every quarter thereafter.
Strengthening Police-Community Relations.--The agreement
provides $201,000,000 for State and Local Law Enforcement
Assistance and Community Oriented Policing Services (COPS)
Office grant programs related to police-community relations.
This is an increase of $47,500,000, or 30.9 percent, above the
fiscal year 2021 level. The Department shall include as part of
its fiscal year 2022 spending plan details on its use of these
resources and provide the Committees quarterly updates
thereafter.
Responding to Opioids, Methamphetamine, Synthetic Drugs,
and Substance Abuse in Our Communities.--The agreement includes
a total of $572,500,000 in dedicated grant program funding, an
increase of $31,000,000 above the fiscal year 2021 enacted
level, to help communities and State and local law enforcement
respond to substance abuse, including opioids, stimulants, and
synthetic drugs. The Drug Enforcement Administration (DEA) is
funded at $2,421,522,000, an increase of $85,259,000 above the
fiscal year 2021 enacted level, to strengthen drug trafficking
investigations, including those related to heroin, fentanyl,
and methamphetamines. The agreement further supports the
continuation of heroin enforcement teams, methamphetamine and
fentanyl cleanup and container programs, and other interdiction
and intervention efforts, including DEA's 360 Strategy and
Operation Engage.
Departmental Efforts to Combat Crimes Against Children.--
The Department is directed to immediately submit the long-
awaited National Strategy for Child Exploitation Prevention and
Interdiction pursuant to 34 U.S.C. 21111(b) and publish it on
the Department website. The report, which is required to be
submitted to Congress every two years, has not been submitted
since April 2016 and the Department has been directed to submit
this report since fiscal year 2020. In addition, the Department
shall comply with directions in the joint explanatory statement
accompanying Public Law 116-260 and immediately submit a
detailed staffing and funding report on the office of the
National Coordinator for Child Exploitation Prevention and
Interdiction as this information is long-overdue. The
Department shall submit a crosscut budget presentation for
Crimes against Children as part of its fiscal year 2023 budget
submission and in subsequent budgets, and continue following
directives and reporting requirements in fiscal year 2022 as
specified in the aforesaid joint explanatory statement.
Cybersecurity.--The Department is directed to maintain a
cybersecurity posture at no less than its fiscal year 2021
level. It is also urged to keep the public apprised of emerging
threats, good cyber practices, and Departmental efforts to
defend the United States from cyberattacks.
Missing and Murdered Indigenous Women.--In consultation
with Tribal governments, the Department shall develop best
practices for the investigation and prosecution of violence
against Native American and Alaska Native women. DOJ shall
undertake a complete review of the sufficiency and
prioritization of its grant programs aimed at survivors of such
violence, including temporary and transitional housing,
education, and workforce development assistance, and shall
include the results of this review, along with the plan to
communicate such grant opportunities to Tribal governments and
organizations, with the fiscal year 2022 spending plan.
Combatting Violent Crime in Indian Country.--U.S. Attorneys
are encouraged to prioritize efforts to investigate and
prosecute violent crimes against Native Americans and Alaska
Natives that occur in Indian Country, to maintain communication
with victims and family members about the status of ongoing
investigations and cases, and to provide as much information as
possible on any declinations. The FBI is encouraged, in
consultation with the Bureau of Indian Affairs and State,
local, and Tribal law enforcement agencies, to increase
resources, including additional FBI agents, to investigate,
respond to, and prevent crimes against Native Americans and
Alaska Natives in Indian Country.
Voting Rights.--The Attorney General is directed to
prioritize resources to enforce the civil provisions of Federal
laws that protect the right to vote, including the Voting
Rights Act, the Uniformed and Overseas Citizens Absentee Voting
Act, the National Voter Registration Act, the Help America Vote
Act, and the Civil Rights Acts.
Federal Law Enforcement Officer and Federal Task Force
Officer Cameras and Accountability.--In lieu of language in the
House Report, the agreement strongly supports the adoption of
rigorous and consistent standards for the use of camera
technology used to record Federal police interaction with
civilians, including during arrests, in pre-planned operations,
and on Federal Task Forces around the Nation.
Training for Law Enforcement Officers.--The Department of
Justice is expected to exercise leadership in law enforcement
across the Federal government. Accordingly, in lieu of language
in the House Report, the agreement directs the Attorney General
to continue ensuring implementation of evidence-based training
programs on de-escalation, the use-of-force, and the protection
of civil rights that are broadly applicable and scalable to all
Federal law enforcement agencies. Such programs should be
developed in consultation with the DOJ law enforcement
components, the Office of Justice Programs, the Community
Oriented Policing Services Office, and the Civil Rights
Division, with consideration given to establishing consistent
standards and curricula. The Attorney General is further
directed to continue consulting with the heads of each Federal
law enforcement agency in furtherance of the adoption of these
programs. Not later than 90 days after the date of enactment of
this Act, and every 6 months thereafter, the Department shall
submit an update (or report) on the implementation status of
these training programs, including but not limited to training
curriculum topics and availability and capacity of training
facility space. Within one year of the date of the enactment of
this Act, the Department shall submit an update (or report) on
its consultations with each Federal law enforcement agency and
provide a determination of whether each agency provides
training consistent with the aforementioned programs.
National Instant Criminal Background Check System (NICS)
Denials and Prohibited Persons.--The Attorney General shall
continue to follow prior directions to notify State and local
authorities when NICS detects when prohibited individuals fail
a background check in an attempt to make an illegal firearms
purchase, and to publish monthly data on denials and
notifications by State, and by prohibition type, on DOJ's
website.
The Department is directed to submit, within 180 days of
the date of enactment of this Act, a report on NICS denials and
prohibited persons. The report shall identify the number of
notifications provided to each of (1) State law enforcement,
and (2) local law enforcement, for each prohibited category;
the number of denials for which the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF) determined that the person
denied was not prohibited by subsection (g) or (n) of section
922 of the Gun Control Act, or by State law, from receiving or
possessing a firearm; the number of denials overturned through
the appeals process and the reasons for overturning the
denials; the number of denials with respect to which an
investigation was opened by a field division of the ATF; the
number of persons charged with a Federal criminal offense in
connection with a denial; and the number of convictions
obtained by Federal authorities in connection with a denial.
Financial Fraud.--Older Americans are increasingly targeted
by criminals seeking to swindle them out of their hard-earned
life savings through an ever-growing array of financial schemes
and scams. The Department has taken commendable action to
combat these crimes, including last year conducting the
largest-ever coordinated sweep of senior fraud. The Attorney
General, in setting resource priorities, shall give priority to
investigating reports of financial fraud, including scams
against senior citizens, and to bringing the perpetrators of
these crimes to justice.
McGirt v. Oklahoma.--The agreement appropriately funds the
U.S. Attorney's offices, United States Marshals Service, DEA,
and FBI workload increases resulting from the McGirt v.
Oklahoma decision for fiscal year 2022. These resources will
allow Federal, Tribal, State, and local stakeholders to further
enable cooperation, collaboration, and sharing of pertinent
information to protect all victims and bring all those who
commit a crime to justice.
Business Email Compromise Schemes (BEC).--The FBI has
assessed that ``BEC is one of the fastest growing, most
financially damaging Internet-enabled crimes. It is a major
threat to the global economy.'' The agreement acknowledges
serious concerns with the threats posed by BEC and related
scams, and strongly supports efforts by the Department and FBI
to combat this pernicious crime. The Department is directed to
explore ways to increase collaboration and coordination with
industry and other private sector partners, and the FBI is
directed to release, within 30 days of the date of enactment of
this Act, a public report on the threats from BEC and related
scams.
Department of Justice Recusal Policies.--The Department is
directed to submit, within 30 days of the enactment of this Act
and on an annual basis thereafter, a report regarding the
number of, and reasons for, the recusal of any officer or
employee of any component of the Department of Justice since
January 1, 2020. The report shall also include a description
and summary of any instances where such officer or employee did
not recuse in matters involving a former client or where
recusal was recommended but the officer or employee was not
recused. Such submissions should comply with Privacy Act (5
U.S.C. 552a) requirements and may be subject to redactions
necessary to protect the fair and impartial administration of
justice.
Whistleblower Protections.--The Department is directed to
submit, within 180 days of the date of enactment of this Act, a
report explaining how it will implement the unresolved
recommendation in Management Advisory Memorandum 21-038
regarding the whistleblower rights of its contractors,
subcontractors, grantees, and sub-grantees.
Office of Inspector General Referrals.--The Attorney
General is directed to work with the Office of Inspector
General (OIG) to improve transparency and to publicly report
the number of OIG referrals declined for prosecution each
quarter and, where possible, an explanation of why cases were
declined for prosecution.
Prison Contracts.--In lieu of House report language under
this heading, the Department is directed to brief the
Committees on Appropriations not later than 90 days after the
date of enactment of this Act on current policies and practices
that ensure that any DOJ agency that enters into a contract or
agreement with a nongovernmental organization, or a State or
local government entity for the purpose of incarcerating or
detaining Federal prisoners or detainees in non-Federal
facilities has access to all relevant information related to
such incarceration, detention, treatment or condition, to
include costs, expenditures, or other performance data. The
briefing should cover any factors that limit access to such
information or affect the feasibility of gathering or accessing
such information.
Timely Responses to Committee Inquiries and Meeting Report
Deadlines.--The Department is directed to submit all reports
and studies described in report or explanatory statement
language by the required due date with all required
information. In addition, any requests for information from the
Chairs, Vice Chairs, Ranking Members, or Committee staff to the
Attorney General and any Department component should be treated
as a priority and responded to both courteously and
expeditiously. The Department has multiple reports that remain
outstanding from fiscal year 2021, as well as Questions for the
Record from the Senate's hearing on the Federal Bureau of
Investigation Budget Request for Fiscal Year 2022, held on June
23, 2021, and these items need to be submitted immediately. The
Department is directed to immediately submit these items.
Combatting Elder Abuse and Exploitation.--The agreement
provides funding for the continued implementation of Elder
Abuse Prevention and Prosecution Act, as well as for
initiatives at the FBI, USAOs, and the litigating divisions to
combat all forms of elder abuse and exploitation.
Federal Law Enforcement Training Center (FLETC).--The
agreement urges the Department to ensure its law enforcement
components that utilize FLETC continue consulting with FLETC
annually to ensure it is able to provide training commensurate
with each component's needs and hiring goals, and directs the
Department to update the Committees no later than 60 days after
the date of enactment of this Act on these efforts.
House report language under the heading ``Immigration
Vetting'' is not adopted.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $38,000,000 for Justice Information
Sharing Technology.
Executive Office for Immigration Review
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $760,000,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is a
transfer from the U.S. Citizenship and Immigration Services
Immigration Examinations Fee Account. For fiscal year 2022,
EOIR is directed to continue following the directives in the
joint explanatory statement accompanying Public Law 116-260 on
the following topics: ``Immigration Adjudication Performance
and Reducing Case Backlog,'' ``Information Technology (IT)
Modernization,'' and ``Video Teleconferencing (VTC).'' EOIR
shall submit updated reports consistent with the directives.
Immigration Judge Hiring.--The Attorney General shall
ensure that immigration judges (IJs) hired in fiscal year 2022
will adjudicate cases as their primary function. The Department
is directed to continue filling vacant IJ and Board of
Immigration Appeals positions with highly qualified individuals
who are trained to conduct fair and impartial adjudications,
and to ensure that the selection of these individuals is from a
diverse pool of candidates, including those with non-
governmental, academic, and private bar experience, to conduct
fair, impartial hearings consistent with due process. As part
of the monthly reporting requirement, EOIR shall report on any
IJs sent on a temporary basis to any court outside of their
assigned location including the number of days designated for
the temporary assignment, the location of the temporary
assignment, and the IJs home location.
Immigration Judge Training.--EOIR is directed to review its
training, to retrain all judges currently on a probationary
period, and to increase the frequency and availability of
training for immigration judges outside the probationary
period. The Department is directed to ensure immigration judge
training emphasizes due process, humanitarian protections, and
cultural sensitivity and includes diverse training faculty,
including from the private bar, the NGO community, and
academia.
Online Address Change System.--EOIR is urged to take steps
to develop and pilot a centralized online mechanism that
enables individuals going through immigration court proceedings
to change their address online directly with EOIR and
automatically provide service to Immigration and Customs
Enforcement.
EOIR Working Group.--Not later than 60 days after the date
of enactment of this Act, EOIR shall convene a working group,
including non-governmental stakeholders, to consider
improvements to the hearing notice process. EOIR is directed to
submit a report, within 1 year of the date of enactment of this
Act, that addresses the possibility of (1) updating the hearing
notice form to be more easily understandable for non-lawyers
and non-native English speakers; (2) translating hearing
notices into respondents' preferred languages; (3) providing
written notice to respondents in their preferred languages with
information about immigration court hearings, how to use the
online EOIR system and EOIR hotline, and how to change their
addresses with the immigration courts; and (4) providing
respondents with the option to receive automated reminders of
upcoming court hearings by text message and/or e-mail.
Disposition of EOIR Adjudications.--EOIR is directed to
coordinate with the Department of Homeland Security (DHS) to
brief the Committees jointly, not later than 120 days after the
date of enactment of this Act, about the steps that each agency
takes to effectuate and enforce rulings made by EOIR
immigration judges, once the case is considered final, and any
challenges EOIR and DHS face in this process. EOIR is directed
to provide to the Committees, within 90 days of the date of
enactment of this Act and monthly thereafter, and in
collaboration with DHS, a report that provides metrics on the
number of final orders of removal issued by EOIR that have
resulted in actual removals by DHS during the previous month.
Such report shall separately identify any such order for which
the law does not permit DHS to effectuate the removal within
the period reported. The report shall describe instances where
removals have not been effectuated due to external
circumstances, such as recalcitrant countries or visa
sanctions.
Legal Orientation Program (LOP).--The agreement includes
$24,000,000 for services provided by the LOP, of which
$3,500,000 is for the Immigration Court Helpdesk (ICH). In lieu
of the language in the House report on ``Legal Orientation
Program (LOP)'', the agreement adopts the relevant directives
in the joint explanatory statement accompanying Public Law 116-
260.
Office of Inspector General
The agreement includes $118,000,000 for the Office of
Inspector General.
United States Parole Commission
SALARIES AND EXPENSES
The agreement includes $14,238,000 for the salaries and
expenses of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $1,000,000,000 for General Legal
Activities. Within the funding provided, up to $10,000,000
shall be for the Civil Rights Division for additional expenses
relating to the enforcement of 34 U.S.C. 12601; criminal
enforcement under 18 U.S.C. 241-242; and administrative
enforcement by the Department of Justice, including compliance
with consent decrees or judgments entered into under such
sections.
In addition to House report language on ``Animal
fighting,'' the Attorney General is encouraged to enter into a
memorandum of understanding with the Secretary of Agriculture
to encourage greater collaboration on enforcement of animal
welfare laws and to ensure that the Department of Justice has
access to evidence needed to initiate cases.
Civil Rights Violations in State and Local Prisons and
Jails.--Within funding provided, the Civil Rights Division
shall enhance efforts to investigate and address violations of
the Civil Rights of Institutionalized Persons Act (Public Law
96-247) in State and local prisons and jails.
VACCINE INJURY COMPENSATION TRUST FUND
The agreement includes a reimbursement of $19,000,000 for
DOJ expenses associated with litigating cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The agreement includes $192,776,000 for the Antitrust
Division (ATR). This appropriation is offset by an estimated
$138,000,000 in pre-merger filing fee collections, resulting in
a direct appropriation of $54,776,000.
Competition in Commodity Markets.--In lieu of House report
language on ``Commodity Benchmark Merger'', the agreement
directs ATR to brief the Committees, not later than 30 days
after the date of enactment of this Act, on competition in the
commodity markets.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement includes $2,419,868,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, of which $25,000,000 shall remain available
until expended. Within the funding provided, up to $10,000,000
shall be for additional expenses relating to the enforcement of
34 U.S.C. 12601; criminal enforcement under 18 U.S.C. 241-242;
and administrative enforcement by the Department of Justice,
including compliance with consent decrees or judgments entered
into under such sections.
UNITED STATES TRUSTEE SYSTEM FUND
The agreement includes $239,000,000 for the United States
Trustee Program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The agreement includes $2,434,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
The agreement includes $270,000,000 for Fees and Expenses
of Witnesses.
The Department is expected not to obligate funds for expert
witness services, including the payment of fees and expenses of
expert witnesses, from any other DOJ accounts other than Fees
and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $21,000,000 for the Community
Relations Service. In lieu of House language on H.R. 1280,
additional resources are provided for expanded conflict
resolution, including mediation and conciliation.
ASSETS FORFEITURE FUND
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The agreement includes $1,580,000,000 for the salaries and
expenses of the United States Marshals Service (USMS). Within
the funding provided, USMS is directed to give priority to
hiring at the district level. For fiscal year 2022, USMS is
directed to continue following the directives and reporting
requirements in the joint explanatory statement accompanying
Public Law 116-260 for ``International Operations.''
Judicial Security.--Within resources provided, USMS is
directed to continue to enhance its judicial security program,
including through additional district staffing, field
operations, threat-based protective details and risk-based
judicial security events, counter-surveillance and surveillance
detection programs, and judicial security training.
Regional Fugitive Task Forces (RFTF).--The USMS is directed
to follow the directive in the joint explanatory statement
accompanying Public Law 116-260 for USMS to submit an updated
report on the expansion of the RFTF program. In contemplating
the establishment of new RFTFs, the USMS is directed to give
consideration to regions of the United States that are not
currently served by an RFTF, including the Midwest and New
England.
CONSTRUCTION
The agreement includes $15,000,000 for construction and
related expenses in space controlled, occupied, or utilized by
the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
The agreement includes $2,123,015,000 for Federal Prisoner
Detention (FPD).
The Department and USMS are expected to anticipate funding
needs for the FPD account in order to avoid funding shortfalls
and emergency reprogramming. USMS is directed to submit a
monthly report on individuals in the detention system. The
report should include information on the current and projected
number of detained individuals, offense categories, the
population change from the prior month to the current month,
and from the prior year to the current month, and the
associated annualized costs. The Department is directed to
provide these reports on time. The agreement reiterates House
language regarding Executive Order 14006 and acknowledges that
the Department has the discretion to make exceptions where
there is a lack of suitable government-operated detention
space.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $120,681,000 for the salaries and
expenses of the National Security Division.
Modernizing the Foreign Agents Registration Act (FARA)
Process.--The Attorney General is directed to review the
Department's implementation of FARA and provide a report within
180 days of the date of enactment of this Act that evaluates
the feasibility of requiring all filings by foreign agents to
be made in an electronic, structured data format where the
information is in a machine-processable digital format and for
publication of information in a structured data format so it
can be searched, sorted, and downloaded by the public,
including documentation required when a registrant terminates a
relationship with a foreign client.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The agreement includes $550,458,000 for the Organized Crime
and Drug Enforcement Task Forces (OCDETF), of which
$381,513,000 is for investigations and $168,945,000 is for
prosecutions.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $10,136,295,000 for the salaries and
expenses of the FBI, including $1,886,120,000 for Intelligence,
$4,113,580,000 for Counterterrorism and Counterintelligence,
$3,516,748,000 for Criminal Enterprises and Federal Crimes, and
$619,847,000 for Criminal Justice Services. Within the funding
provided, the agreement includes additional resources for
counterterrorism, including to counter domestic terrorism;
addressing cyberthreats; and FBI cybersecurity. Within the
funding provided, up to $5,000,000 shall be for additional
expenses relating to the enforcement of 34 U.S.C. 12601;
criminal enforcement under 18 U.S.C. 241-242; and
administrative enforcement by the Department of Justice,
including compliance with consent decrees or judgments entered
into under such sections. Within the funding provided, the
agreement includes not less than $169,961,631, including
$58,961,631 from section 542 of division B of Public Law 116-
260, to continue to increase the capacity and efficiency of
NICS.
For fiscal year 2022, the FBI is directed to continue
following the directives in the joint explanatory statement
accompanying Public Law 116-260 on the following topics:
``National Use-of-Force Data Collection,'' ``Human Rights
Violations,'' ``Hate Crimes Reporting,'' ``NICS Protocols and
Procedures,'' and ``FBI Police.'' The FBI shall submit updated
reports consistent with the directives.
National Bioforensic Analysis Center (NBFAC).--Within the
funding provided, the FBI is supported at $21,840,000 for their
role at the NBFAC.
Domestic Violent Extremism.--The FBI is further directed to
submit a report with fiscal year 2020 and 2021 performance
measures for each category and subcategory of domestic violent
extremism (DVE). The report shall describe the number of
special agents and the number of trainings devoted to each; the
number of investigations and enterprise investigations opened
in each; the number of investigations closed without arrest and
the number closed without Federal charges in each; the number
of charged cases dismissed without a conviction entered in
each; and the number of undercover investigations and
confidential informants targeting each. The report is to be
submitted within 180 days of the date of enactment of this Act.
In addition, the FBI shall include details in its fiscal year
2022 and future year expenditure plans on domestic terrorism
threats and resources planned to pursue them, as specified in
the House report.
Domestic Terrorism Threat Assessments.--In lieu of language
in the House Report on ``Ranking Domestic Terrorism Threats,''
the FBI is directed to provide the Committees on Appropriations
with terrorism threat category descriptions and assessments as
part of the normal budget review process, as well as when
requested or as new threat scenarios develop, to ensure the
Committees have the necessary insight into the alignment of
threats and resource allocation. The agreement supports the
FBI's ongoing practice of conducting annual training to ensure
compliance with civil rights and civil liberties laws and
regulations.
Combatting Modern Slavery and Human Trafficking.--The
agreement supports the FBI's efforts to combat modern slavery
and human trafficking and recognizes that additional resources
are necessary to enhance FBI field offices' ability to
investigate and prosecute these heinous crimes. The FBI is
directed, in consultation with each field office's Human
Trafficking Program Coordinator, to allocate resources to those
field offices in areas of greatest need, including rural areas
and States with the highest rates of modern slavery and human
trafficking. The FBI is further directed to report, within 90
days of the date of enactment of this Act, on the status of
these consultations and the allocation of resources.
Agent Retention.--The FBI is directed to work with the
Office of Personnel Management and committees of authorizing
jurisdiction to find solutions, to include pay scale change and
cost of living adjustments, to retain agents in the face of
cost of living increases.
Whistleblower Protection.--The FBI is directed to submit,
within 90 days of the date of enactment of this Act, a report
describing how it will implement the unresolved recommendation
in GAO's January 2015 report entitled Whistleblower Protection:
Additional Actions Needed to Improve DOJ's Handling of FBI
Retaliation Complaints (GAO-15-112).
Directed Energy Attacks.--The FBI is directed to brief the
Committees on Appropriations no later than 90 days after the
date of enactment of this Act on the Bureau's efforts to
investigate alleged overseas and domestic attacks and to
coordinate with interagency initiatives to protect U.S.
Government employees from future attacks.
Counter--Unmanned Aerial System (C-UAS) and Law
Enforcement.--The joint explanatory statement accompanying the
Public Law 116-260 directed the FBI to submit a report on the
feasibility of establishing a C--UAS training program for
State, local, and Tribal law enforcement. The FBI is actively
consulting with the Federal Aviation Administration (FAA), FAA-
designated UAS test sites, and other key partners on this
matter. The agreement supports such consultations, and the
development of a concept of operations for State, local, and
Tribal law enforcement organizations to identify malicious
unmanned aircraft, consistent with existing Federal statutes.
The concept of operations should include a five-year roadmap
that provides an assessment and evaluation of the required
training, equipment, technology, coordination, and processes
necessary to achieve this objective.
Terrorist Explosive Device Analytical Center (TEDAC),
Hazardous Device School (HDS), and New Facilities.--The
agreement strongly supports the FBI's efforts to create a
campus for collocating FBI explosives and counter-IED programs
and activities; advanced and specialized training capacities
and capabilities to address requirements that cannot be
satisfied at other FBI facilities; and options for FBI
executive management to proactively meet future operational and
facilities requirements. The agreement provides no less than
the fiscal year 2021 level for the operations of TEDAC and HDS.
Furthermore, the agreement provides fully for the operations of
new, collocated facilities expected to open in 2022, including
the Operations Building, the Technology Building, and the TEDAC
Explosive Technical Lab.
Cyber Information Sharing.--The agreement supports the
FBI's efforts, in partnership with the National Defense Cyber
Alliance, to help shape and lead information sharing pilot
programs, including for the electricity sector and the academic
research institution sector. Such pilot programs will improve
the security of our Nation's sensitive networks by establishing
and enhancing two-way information sharing between cleared
sector partners and the U.S. Government.
Counter-Improvised Explosive Device (IED) Research.--The
agreement supports the development of state-of-the-art
capabilities for researchers to study a range of test articles
under various loading conditions, and potentially bridge
critical science and technology gaps in support of domestic and
international explosive investigations, as the threat from
ground-based and airborne explosive devices will continue to be
a complex security issue for the foreseeable future.
Advanced Threat Analysis and Data Analytics.--The agreement
supports the FBI's efforts to develop enterprise technical
tools, modernize its network infrastructure, and improve its
data analytics capabilities. Within the funds provided, the FBI
is encouraged to collaborate with universities on advanced
threat analysis and advanced data analytic solutions that are
tailored to the needs of FBI investigators.
CONSTRUCTION
The agreement includes $632,000,000 for FBI construction,
which provides funding above the requested level for the FBI to
address its highest priorities outside of the immediate
national capital area, in addition to resources dedicated to
secure work environment projects. The agreement does not
include any funding for headquarters construction. The
agreement continues support for the FBI's long-term vision for
collocating complementary mission operations while balancing
the eventual transition into a new headquarters building with
changing footprints at Quantico, Clarksburg, Huntsville, and
Pocatello facilities. The delay in the new FBI headquarters
project only increases the need to secure viable space for
supporting a variety of mission, workforce, and land
requirements. The agreement provides funding at no less than
the fiscal year 2021 enacted level to further support the FBI's
21st Century Facility plans, including plans for technological
requirements, and the FBI is encouraged to transition from
interim facilities to full operating capabilities. As part of
this 21st Century Facility planning, the FBI should continue to
research the feasibility of using public-private partnership
opportunities, provided that the annual lease and operating
costs are reasonable and that facilities can be securely
constructed and maintained at a level that meets the FBI's
requirements.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes a direct appropriation of
$2,421,522,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $511,659,000 from fees
deposited in the Diversion Control Fee Account to carry out the
Diversion Control Program, resulting in $2,933,181,000 in total
spending authority for DEA. The agreement includes $10,000,000
to assist State, local, and Tribal law enforcement agencies in
efforts to remove and dispose of hazardous materials at
methamphetamine and fentanyl labs and processing operations.
The agreement supports DEA expansion of its partnerships
through Operation Engage. Within funding provided, the
agreement supports DEA efforts to reverse the decline in
staffing levels and continue the phased replacement and
enhancement of DEA's aircraft fleet. DEA is encouraged to
assign special agents to the areas most affected by
methamphetamines and opioid trafficking.
For fiscal year 2022, the agreement reiterates directives
in the joint explanatory statement accompanying Public Law 116-
260 on the following topics: ``Hemp Testing Technology'' and
``Remote Prescribing of Substances.'' DEA shall submit updated
reports consistent with the directives.
Fentanyl and Fentanyl Precursors Trafficked from China.--
Given the worsening opioid epidemic, DEA is encouraged to
continue its efforts to stem the flow of illicit fentanyl and
fentanyl precursors from China. DEA is directed to brief the
Committees on Appropriations no later than 90 days after the
date of enactment of this Act on these efforts.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The agreement includes $1,531,071,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives. For fiscal year 2022, the ATF is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Crime Gun Intelligence Centers (CGICs),'' ``United
States-Mexico Firearm Trafficking,'' and ``Notification of
Local Authorities.'' The ATF shall submit updated reports
consistent with the directives.
National Integrated Ballistic Information Network
(NIBIN).--The agreement supports efforts to expand the use of
NIBIN and to ensure all law enforcement agencies have access to
NIBIN's correlation services. ATF is encouraged to continue to
build on these investments and consider additional service
models to offer departments of varying sizes access to NIBIN.
The agreement further supports efforts to develop a
comprehensive ballistics strategy, which would offer end-to-end
capabilities for both cartridge casings and bullets in the
NIBIN program. In light of recent interest from institutions of
higher education to use NIBIN as part of their criminal justice
training programs, ATF is encouraged to promote NIBIN as a
critical forensic science tool and to identify opportunities to
build partnerships with criminal justice training programs.
Tobacco Enforcement.--ATF is directed to submit a report,
within 60 days of the enactment of this Act, assessing
investments in tobacco initiatives in each fiscal year since
2017 and identifying the amounts proposed to be invested in
such programs in fiscal year 2022. ATF is urged to increase
tobacco-related investigations and cases and to increase its
focus on tobacco-related training and staff retention at every
level.
ATF Laboratories.--ATF is directed to submit a report,
within 30 days of the enactment of this Act, assessing ATF's
existing laboratory infrastructure, to include staffing and
operating costs, and the merit of aligning ATF laboratory
facilities in areas that can accommodate strong forensics and
ballistics partnerships with institutions of higher education.
House report language under ``Firearms Trafficking Report''
and ``Privately Made Firearms'' is not adopted.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $7,865,000,000 for the salaries and
expenses of the Federal Prison System. The agreement fully
funds the requested $409,483,000 for programs and activities
authorized by the First Step Act of 2018 (FSA), including
medication-assisted treatment, FSA programming staff, and
Special Education instructors at each Bureau of Prisons (BOP)
facility. The agreement provides $194,607,000 above the request
to sustain and increase BOP hiring efforts.
For fiscal year 2022, BOP is directed to continue following
the directives in the joint explanatory statement accompanying
Public Law 116-260 on the following topics: ``First Step Act
(FSA) Implementation,'' ``Additional Requirements of the FSA,''
``Residential Reentry Centers,'' ``Hiring, Staffing, and
Inmate-to-Officer Ratios,'' ``Vacancies,'' ``Medication
Assisted Treatment (MAT),'' ``Home Confinement,'' and ``Inmate
Mental Health and Restrictive Housing''. BOP shall submit
updated reports consistent with the directives. DOJ and BOP are
reminded of the requirement to submit all reports to the
Committees on time, including those required quarterly.
Augmentation.--BOP is expected to hire additional full-time
correctional officers in order to reduce the overreliance on
augmentation and improve staffing beyond mission-critical
levels in custodial and all other departments, including
medical, counseling, and educational positions. BOP shall
provide quarterly reports to the Committees on the use of
augmentation broken out by region, institution, and security
level for each time such practice is employed. The reports
shall also include the number of hours, and associated
additional cost, of overtime recorded at each institution.
In addition, BOP shall include with its fiscal year 2023
budget submission, and each year thereafter, a detailed report
for each Federal correctional facility at which two or more
Federal inmates have died in one calendar year, describing each
incident and the role augmentation may have played in
exacerbating the inherent dangers present at those locations.
Correctional Officer Pay.--BOP, in consultation with the
DOJ Justice Management Division, is directed to review current
pay scales for its correctional officers in comparison to
comparable employees in DOJ law enforcement components and
State and local agencies, to include assessing the potential
opportunity to raise the pay band and any associated resource
requirements. The results of the review shall be shared with
the Committees not later than 180 days after the date of
enactment of this Act.
Overtime Pay Rate.--BOP shall report to the Committees not
later than 90 days after the date of enactment of this Act on
its application of the Fair Labor Standards Act (FLSA) in
determining the rate of overtime pay for BOP employees. The
report should break out how many employees, on an annual basis,
are paid at a non-FLSA rate; the rationale for making such
distinctions; and the potential, along with any cost
implications, of compensating all employee overtime at a full
FLSA overtime rate.
Faith-based Recidivism Reduction Programming.--The First
Step Act directs the Attorney General to ``develop policies for
the warden of each prison of the Bureau of Prisons to enter
into partnerships,'' including partnerships with ``nonprofit
and other private organizations, including faith-based, art,
and community-based organizations that will deliver recidivism
reduction programming on a paid or volunteer basis.'' Further,
``the Attorney General shall direct the Bureau of Prisons
regarding the ability for faith-based organizations to function
as a provider of educational evidence-based programs outside of
the religious classes and services provided through the
Chaplaincy.'' BOP is directed to immediately take steps to
ensure compliance with FSA requirements, and to ensure that all
those incarcerated in BOP facilities have access to robust
programming opportunities, including third-party faith-based
programs. BOP is further directed to submit a report, within 30
days of the enactment of this Act, on such efforts.
Open GAO Recommendations.--BOP is directed to submit to the
Committees, within 180 days of the date of enactment of this
Act, a report identifying all BOP-related recommendations
issued by GAO over the last decade that remain open. This
report shall further describe the steps BOP is taking to
implement all recommended actions and close-out each open
recommendation.
Medical Services.--BOP is directed to submit a report to
the Committees not later than 120 days after the date of
enactment of this Act on its cost estimate and a strategic
savings plan if BOP were to set a standard reimbursement rate
for medical care of inmates at the Medicare benchmark rate.
Contraband Cell Phones in BOP Facilities.--BOP is directed
to report to the Committees, not later than 90 days after the
date of enactment of this Act, on the deployment of micro-
jamming and managed access technology systems at BOP
facilities. The report should describe the number of contraband
devices confiscated through each type of technology at each
facility; the comparative efficacy and cost effectiveness of
such technologies in detecting and capturing devices and
mitigating illicit communications; and, for those technologies
found to be effective, the resources that would be required to
expand or further deploy such technologies.
Camera and Radio Systems in BOP Facilities.--BOP is
directed to submit to the Committees, not later than 90 days
after the date of enactment of this Act, a three-year plan to
upgrade its security camera, land mobile radio (LMR)
communications, and public address (PA) systems at all BOP
correctional facilities. The plan shall address current system
deficiencies, including lack of functioning systems, blind
spots, or radios lacking a ``man down'' function; the need for
and cost of planned system maintenance and upgrades, to include
analog to digital system conversion; upgrades to ensure
storage, logging, preservation, and accessibility of records
for investigators or courts; and any other enterprise-wide
considerations for such technology and systems. The plan must
incorporate a cost projection and prioritization of facilities
for security camera, LMR, and PA system upgrades. Following
submission of the initial plan, annual updates shall be
provided, beginning one year from the date of enactment of this
Act, with a final report in three years detailing the status of
BOP progress in upgrading these systems.
BUILDINGS AND FACILITIES
The agreement includes $235,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates. BOP shall
proceed with ongoing planned and associated new construction
efforts to meet projected capacity requirements, as identified
in its monthly status of construction reports to the
Committees. BOP is directed to continue to provide such reports
monthly, along with notifications and explanations of any
deviation from construction and activation schedules, and any
planned adjustments or corrective actions.
Modernization and Repair (M&R) of Existing Facilities.--In
lieu of direction in the House report, BOP is expected to apply
the funding to reduce its longstanding M&R backlog and is
directed to prioritize funding for repairs that protect life
and safety. BOP shall continue to provide monthly status of
construction reports and notify the Committees of any changes
reflected in those reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The agreement includes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated.
State and Local Law Enforcement Activities
In total, the agreement includes $3,881,744,000 for State
and local law enforcement and crime prevention programs. This
amount includes $3,184,744,000 in discretionary budget
authority and $575,000,000 derived by transfer from the Crime
Victims Fund. This amount also includes $122,000,000 scored as
mandatory for Public Safety Officer Benefits.
For fiscal year 2022, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Management and Administration Expenses,'' ``Grant
Funding Set-Asides,'' ``DOJ Grant Oversight,'' ``Grant Funds
for Rural Areas,'' ``Science Advisory Board,'' ``Post-
Conviction Relief for Trafficking Victims,'' and ``Consent
Decrees and Grant Assistance.'' The Department shall submit
updated reports consistent with the directives. The Department
is further directed to submit an annual report on grant
programs that have not received a sufficient number of
qualified applicants.
Submission of Officer Training Information.--The Department
is directed to submit an updated report containing the
information required in Senate Report 114-66, adopted by Public
Law 114-113, to cover data for fiscal years 2020 and 2021
within 180 days of the date of enactment of this Act.
Tribal Grants and Victim Assistance.--The agreement
provides a total of $107,000,000 in discretionary grant funding
for Tribes as follows: $50,000,000 within OJP for Tribal
assistance; $14,000,000 for a Tribal youth program within the
Office of Juvenile Justice and Delinquency Prevention (OJJDP);
$31,500,000 for Tribal resources and $3,000,000 for a Tribal
Access Program within the COPS Office; and $5,500,000 for a
special domestic violence criminal jurisdiction program and
$3,000,000 for a Special Assistant U.S. Attorney on Tribal land
program within the OVW. In addition, a total of $130,000,000 is
provided to Tribal governments and Tribal coalitions as part of
Crime Victims Fund set-asides as authorized by this Act. For
fiscal year 2022, the Department is directed to continue
following the directives and reporting requirements in the
joint explanatory statement accompanying Public Law 116-260 for
``Tribal Grants and Victim Assistance.''
Promoting Data-Sharing and Sex Offender Monitoring.--The
Department's grant-making offices are urged to support
initiatives and technical systems that promote statewide and
national data-sharing among court systems, correctional
facilities, and law enforcement agencies. Such support may be
provided through the Department's discretionary grant funds and
through efforts to promote the use of Byrne-JAG funds for these
purposes.
VOCA Fix to Sustain the Crime Victims Fund Act of 2021.--
OVC is directed to provide guidance and technical assistance to
State Administering Agencies regarding changes to program
requirements made under the VOCA Fix to Sustain the Crime
Victims Fund Act of 2021 (Public Law 117-27). In particular,
OVC is directed to fully explain the changes to matching
requirements under section 3 of the Act, including national
emergency waivers.
Sexual Abuse Services in Detention Hotline.--In lieu of
House report language, DOJ is directed to explore opportunities
for releasing existing grant funding, including through OVC's
discretionary grant program, for efforts that would create a
hotline to provide sexual abuse and rape crisis counseling
services to incarcerated individuals across the country.
National Deaf Services Line.--The Department is directed to
examine OVC's discretionary grant program to determine if this
funding is available for a new National Deaf Services Line
program and make funds available for this purpose if possible.
STOP School Violence Act.--In addition to House report
language on ``Stop School Violence Act,'' the agreement notes
that funds are included for continued support for the National
Center for School Safety to provide evidence-based best
practices, guidance, training, and technical assistance to all
States, Tribes, and schools. The Department is directed to work
with other Federal agencies to notify States, localities,
Tribes, and school districts of funding availability upon
release; to increase training and technical assistance for
school district applicants; and to provide microgrants for
school districts, including rural, Tribal, and low-resourced
schools. The Department is also directed to clearly describe
memorandum of understanding requirements in the grant
solicitation for these programs with discretion given to
schools or school districts as to the involvement of law
enforcement agencies and rules relating to anonymous reporting
systems to ensure manageability and inclusiveness of existing
state programs. The Department is further directed to consider
the size of school districts and States when requiring letters
of support as part of the grant process. The Department is
encouraged to cap the letters of support for the number of
school districts at 50 for large statewide programs and to 25
percent of the number of school districts served.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $575,000,000 for the Office on
Violence Against Women. These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants................................................ $217,000
Transitional Housing Assistance............................ 43,000
Research and Evaluation on Violence Against Women.......... 2,500
Consolidated Youth-Oriented Program........................ 15,000
Engaging Men and Youth in Prevention..................... (3,000)
Improving Criminal Justice Responses Program............... 55,000
Homicide Reduction Initiative............................ (4,000)
Lethality Assessment Initiative.......................... (4,000)
Sexual Assault Services Program............................ 54,000
Rural Domestic Violence and Child Abuse Enforcement........ 48,000
Violence on College Campuses............................... 22,000
HBCU, HSI and Tribal Colleges............................ (11,000)
Legal Assistance for Victims............................... 50,000
Abuse Later in Life Program................................ 7,500
Justice for Families Program............................... 20,000
Disabilities Program....................................... 7,500
National Resource Center on Workplace Responses............ 1,000
Research on Violence Against Indian Women.................. 1,000
Indian Country--Sexual Assault Clearinghouse............... 500
Tribal Special Domestic Violence Criminal Jurisdiction..... 5,500
Rape Survivor Child Custody Act............................ 1,500
Restorative Justice Responses and Evaluations.............. 11,000
Culturally Specific Programs............................... 10,000
Tribal Special Assistant U.S. Attorneys.................... 3,000
============
Total, Violence Against Women Prevention and $575,000
Prosecution Programs..................................
------------------------------------------------------------------------
To minimize fraud, waste, and abuse in these programs, OVW
is encouraged to implement any open recommendations of the
Department's OIG with respect to the recipients of grants under
these programs.
For fiscal year 2022, OVW is directed to continue following
the directives in the joint explanatory statement accompanying
Public Law 116-260 regarding the Improving Criminal Justice
Responses program.
Statutory Set-Asides.--The underlying statutes for several
grant programs, including STOP Grants and Sexual Assault
Services Program grants, outline set-asides for Tribal
governments and coalitions, culturally specific community-based
organizations, and organizations providing services to
underserved populations. These set-asides provide a total of
$75,104,969 for fiscal year 2022, with $55,864,969 for Tribal
governments and coalitions, $13,800,000 for culturally specific
organizations, and $5,440,000 to meet the needs of underserved
populations. OVW shall ensure that the full amounts provided
for in the authorizing statutes are awarded expeditiously.
Grant Program to Support Restorative Justice Responses.--
The agreement provides $11,000,000 to support competitive
grants focused on addressing the harm of domestic and sexual
violence, either outside or alongside criminal justice
processes. The Department is directed to collaborate with the
National Center on Restorative Justice and other stakeholders
to review research on restorative justice and current practices
in the field to inform its approach. Grants under this program
shall be for 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 restorative practices. Restorative practices
performed with funds awarded under this program are not
intended to function as a replacement for criminal justice
intervention for a specific harm.
Grants shall support restorative practices that (1) are
community-based and unaffiliated with any civil or criminal
legal process; (2) are initiated by a victim of the harm; (3)
involve--on a voluntary basis and without any evidence of
coercion or intimidation of one or more victims of the harm by
one or more individuals who committed the harm or anyone
associated with any such individual--any individual who
committed the harm, any victim of the harm, and the community
affected by the harm through one or more representatives of the
community; (4) include and has the goal of collectively seeking
accountability from one or more individuals who committed the
harm; developing a written process whereby one or more
individuals who committed the harm will take responsibility for
the actions that caused harm to one or more victims of the
harm; and developing a written course of action plan that is
responsive to the needs of one or more victims of the harm and
upon which one or more victims, one or more individuals who
committed the harm, and the community can agree; and (5) are
conducted in a victim services framework that protects the
safety and supports the autonomy of one or more victims of the
harm and the community. The individuals described in matter (3)
shall be considered a person receiving services under section
40002(b)(2) of the Violence Against Women Act of 1994 (34
U.S.C. 12291).
The Department is directed to limit eligible entities to
States; units of local government; Tribal governments; Tribal
organizations; victim service providers; institutions of higher
education; private or public nonprofit organizations, including
Tribal nonprofit organizations and faith-based nonprofit
organizations. Eligible entities shall demonstrate a history of
comprehensive training and experience in working with victims
of domestic violence, dating violence, sexual assault, or
stalking. Eligible entities shall include entities that submit
proposals that meaningfully address the needs of culturally
specific or underserved populations.
The Department is directed to ensure that eligible entities
have set practices and procedures for screening the suitability
of any individual who committed a harm, based on (1) the
history of civil and criminal complaints against the individual
involving domestic violence, sexual assault, dating violence,
or stalking; (2) 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; (3) the risk to the safety of any victim of the harm
based on an evidence-based risk assessment; (4) the risk to
public safety, including an evidence-based risk assessment of
the danger to the public; and (5) past participation of any
individual who committed the harm in restorative practice
programing. With respect to the risk assessment described in
matter (3), if the 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.
The Department is further directed to ensure that eligible
entities deny eligibility to participate in the program for any
individual who committed a harm against whom there is (1) a
pending felony or misdemeanor prosecution for an offense
against any victim of the harm or a dependent of any such
victim; (2) 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; (3) a pending criminal charge involving or
relating to sexual assault, including rape, human trafficking,
or child abuse, including child sexual abuse; or (4) 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.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The agreement provides $70,000,000 for the Research,
Evaluation and Statistics account. These funds are distributed
as follows:
RESEARCH, EVALUATION AND STATISTICS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics............................... $40,000
National Institute of Justice.............................. 30,000
Feasibility Study to Monitor Abuse in Youth Serving (1,500)
Organizations...........................................
============
Total, Research, Evaluation and Statistics............. $70,000
------------------------------------------------------------------------
For fiscal year 2022, the Department is directed to
continue following the directives and reporting requirements in
the joint explanatory statement accompanying Public Law 116-260
regarding ``Spending Plans'' and ``Understanding the Effects of
Human Trafficking.'' The agreement revises House report
language regarding the collection of solitary confinement data
and directs the National Institute of Justice (NIJ), instead of
the Bureau of Justice Statistics (BJS), to collect this data
and report back to the Committees not later than 180 days after
the date of enactment of this Act.
House report language regarding the ``Law Enforcement Study
Addressing Delayed Responses to Questions'' is not adopted.
Data on Police Suicide.--Within 120 days of the date of
enactment of this Act, BJS is directed to provide a status
update of the progress of this data collection, information
obtained from other Federal agencies, and an updated timeline
for final publication.
Researching School Violence.--Within the funds provided, up
to $1,000,000 may be used by NIJ to continue to develop a model
and best practices for comprehensive school safety, including
identifying the root causes of violence in schools. NIJ is
directed to continue to publish an annual report on its website
on the effectiveness of STOP School Violence Initiative grants.
Correctional Education Evaluation.--As directed in the
joint explanatory statement accompanying Public Law 116-260,
NIJ is directed to establish a public-private partnership with
research and correctional institutions to collect and evaluate
data and continue to advance the research on the impact of
correctional education on recidivism. The NIJ is directed to
report on the status of this project within 60 days of the date
of enactment of this Act.
Feasibility Study to Track Abuse in Youth Serving
Organizations.--The agreement provides $1,500,000 for NIJ to
administer a competitive grant to an accredited research
university for a feasibility study on the establishment of a
Federal system to count and track substantiated cases of sexual
abuse and other forms of maltreatment in youth serving
organizations, to include organized sports, schools, and camps.
This study will assist DOJ in determining the viability of
creating a system to identify the gaps that currently exist in
law enforcement and child welfare coordination strategies to
better address the challenge of identifying child abuse in
organizations that serve youth.
National Survey of Children Exposed to Violence.--The
Department is directed to continue the National Survey of
Children Exposed to Violence and DOJ is encouraged to utilize
the best existing methodology to conduct the survey in the near
term, given the need to examine the extent of violence against
children that occurred during the COVID-19 public health
emergency. As appropriate, NIJ is encouraged to collaborate
with Departmental components, including OJJDP and BJS, as well
as with other Federal agencies, to complete this survey.
Campus Climate Survey.--Within the funds provided, up to
$5,000,000 shall be made available for the continued
development and testing of the Department's pilot campus
climate survey on sexual harassment and sexual assault. The
proposed research is expected to yield findings from a multi-
campus climate survey and a set of methodological tools that
are cost-effective, standardized, methodologically rigorous,
and capable of being scaled nationwide.
First Step Act Research and Studies.--Within the amount
provided for NIJ, no less than $4,000,000 is available to
evaluate, research, and study First Step Act programs and
activities.
Community-Based Public Safety Strategies.--In lieu of
language in the House Report, the agreement directs the
Department to conduct a study on the efficacy of non-carceral,
non-punitive approaches to addressing and reducing community
violence.
Domestic Radicalization Research.--In lieu of language in
the House Report, the agreement recognizes that NIJ plays a
critical role in examining the drivers of domestic
radicalization and defining the role of State and local law
enforcement in breaking the radicalization and recruitment
cycle that sustains violence. Within funds provided, no less
than $6,000,000 is available for NIJ to continue its research
on domestic radicalization.
National Model for Reducing Incarceration Rates for Minor
Parole Violations.--NIJ is directed to re-release the
solicitation for opportunity number O-NIJ-2021-99001 within 30
days of the date of enactment of this Act.
Clearinghouse for Online Extremism.--The NIJ shall conduct
a study into the feasibility, costs, and civil liberties
implications of, as well as the public support and need for, a
government-funded, privately operated clearinghouse for online
extremist content. The agreement directs that up to $500,000 be
provided for this effort.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $2,213,000,000 for State and Local
Law Enforcement Assistance programs. These funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants................... $674,500
Officer Robert Wilson III VALOR Initiative............... (13,000)
NamUs.................................................... (2,400)
Officer Training for Responding to People with Mental (10,000)
Illness or Disabilities.................................
John R. Justice Grant Program............................ (4,000)
Prison Rape Prevention and Prosecution................... (15,500)
Kevin and Avonte's Law................................... (3,000)
Project Safe Neighborhoods............................... (20,000)
Capital Litigation and Wrongful Conviction Review........ (12,000)
National Center on Restorative Justice................... (3,000)
Ashanti Alert Network.................................... (1,000)
Family-Based Alternative Sentencing Pilot Programs....... (3,500)
Child Advocacy Training.................................. (2,000)
Rural Violent Crime Initiative........................... (8,000)
Missing Persons and Unidentified Remains Act............. (5,000)
Drug Data Research Center to Combat Opioid Abuse......... (4,000)
Forensics Ballistics Programs in Higher Education........ (1,500)
Byrne Discretionary Community Project Funding/Byrne (184,707)
Discretionary Grants....................................
State Criminal Alien Assistance Program.................... 234,000
Victims of Trafficking Grants.............................. 88,000
Economic, High-tech, White Collar and Cybercrime Prevention 12,000
Intellectual Property Enforcement Program................ (2,500)
Internet of Things Training Modules...................... (2,000)
Adam Walsh Act Implementation.............................. 20,000
National Sex Offender Public Website....................... 1,000
Patrick Leahy Bulletproof Vest Partnership Grant Program... 30,000
Transfer to NIST/OLES.................................... (1,500)
National Instant Criminal Background Check System (NICS) 95,000
Initiative................................................
NICS Acts Record Improvement Program..................... (25,000)
Paul Coverdell Forensic Science............................ 33,000
DNA Initiative............................................. 151,000
Debbie Smith DNA Backlog Grants.......................... (120,000)
State and Local Forensic Activities...................... (15,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants...... (12,000)
Sexual Assault Forensic Exam Program Grants.............. (4,000)
Sexual Assault Kit Initiative (SAKI)....................... 50,000
CASA--Special Advocates.................................... 14,000
Tribal Assistance.......................................... 50,000
Second Chance Act/Offender Reentry......................... 115,000
Smart Probation.......................................... (8,000)
Children of Incarcerated Parents Demo Grants............. (5,000)
Pay for Success.......................................... (7,500)
Project HOPE Opportunity Probation with Enforcement...... (5,000)
Crisis Stabilization and Community Reentry............... (10,000)
Anti-Opioid Initiative..................................... 415,000
Drug Courts.............................................. (88,000)
Mentally Ill Offender Act................................ (40,000)
Residential Substance Abuse Treatment.................... (40,000)
Veterans Treatment Courts................................ (29,000)
Prescription Drug Monitoring............................. (33,000)
Comprehensive Opioid, Stimulant, and Substance Abuse (185,000)
Program.................................................
Keep Young Athletes Safe Act of 2018....................... 2,500
STOP School Violence Act................................... 82,000
Emmett Till Act Grants..................................... 3,000
Hate Crimes Prevention Act Grants.......................... 13,000
Community-Based Approaches to Advancing Justice............ 5,000
Community Trust Initiative................................. 120,000
Body Worn Camera Partnership Program..................... (35,000)
Justice Reinvestment Initiative.......................... (35,000)
Community Violence Intervention and Prevention........... (50,000)
Jabara-Heyer NO HATE Act................................... 5,000
============
Total, State and Local Law Enforcement Assistance...... $2,213,000
------------------------------------------------------------------------
For fiscal year 2022, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Capital Litigation Improvement and Wrongful
Conviction Review,'' ``Project Safe Neighborhoods,'' ``Group
Violence Intervention,'' ``Grants to Combat Human
Trafficking,'' ``Patrick Leahy Bulletproof Vest Partnership
Grant Program,'' ``Sexual Assault Kit Initiative,'' ``Keep
Young Athletes Safe Act,'' ``Ashanti Alert Implementation,''
``Family-Based Alternative Sentencing Pilot Programs,'' ``Child
Advocacy Training,'' ``Rural Violent Crime Initiative,'' ``Drug
Detection Canines,'' ``Internet of Things Device
Capabilities,'' ``Paul Coverdell Forensic Science,'' ``Project
HOPE Institute,'' ``Comprehensive Addiction and Recovery Act
(CARA) Programs,'' ``Body-Worn Camera Partnership Program,''
and ``Justice Reinvestment Initiative.'' The Department shall
submit updated reports consistent with the directives.
Uses of Byrne-JAG Funds.--Novel equipment and technologies
can improve public safety and public trust in criminal justice
institutions. OJP is urged to promote awareness, through
statements on the OJP website, in ``FAQs'' and seminars, and in
solicitation documents, that Byrne-JAG funds may be used for
managed access systems and other cell phone mitigation
technologies; fentanyl and methamphetamine detection equipment,
including handheld instruments; opioid overdose reversal
agents; virtual reality de-escalation training; humane remote
restraint devices that enable law enforcement to restrain an
uncooperative subject without requiring the infliction of pain;
and gunfire detection technology. The agreement reiterates
language in the House report on other allowable uses of Byrne-
JAG funds.
The Department is expected to ensure State, local, and
Tribal governments use Byrne-JAG awards to target funding to
programs and activities that conform with evidence-based
strategic plans developed through broad stakeholder
involvement, as required by law. The Department is directed to
continue to make technical assistance available to State,
local, and Tribal governments for the development and update of
such plans, for the planning and implementation of promising
practices funded with Byrne-JAG, and for meeting the
obligations established by the Sixth Amendment to the
Constitution of the United States. The Department should
continue funding this technical assistance at the level
authorized in Public Law 114-324.
Officer Training on Responding to People with Mental
Illness or Disabilities.--The agreement provides $10,000,000
for a competitive grant program to provide awards to State and
local law enforcement and correctional facilities to educate,
train, and prepare officers so that they are equipped to
appropriately interact with mentally ill or disabled
individuals in the course of completing their job
responsibilities. This training should be developed in
conjunction with healthcare professionals to provide crisis
intervention training, which shall focus on understanding
mental and behavioral health, developing empathy, navigating
community resources, de-escalation skills, and practical
application training for all first responders. OJP is directed
to track the results of this grant program to better establish
best practices for law enforcement agencies. Law enforcement
agencies are encouraged to improve officer response through
innovative technologies, including the use of telemedicine-
capable devices, to connect individuals directly with mental or
behavioral health experts.
Prison Rape Elimination Act Audit Quality Initiative.--
Facility audits are a key component in helping agencies move
their sexual abuse prevention and response policies from
written documents to everyday practices. The Bureau of Justice
Assistance (BJA) has outlined a meaningful Quality Improvement
Initiative and the agreement supports the Department providing
the necessary resources to carry out this work.
Capital Litigation Improvement and Wrongful Conviction
Review.--The agreement directs that at least 50 percent of the
$12,000,000 provided for Capital Litigation Improvement and
Wrongful Conviction Review grant programs shall be used to
support Wrongful Conviction Review grantees providing high
quality and efficient post-conviction representation for
defendants in post-conviction claims of innocence. Wrongful
Conviction Review grantees shall be nonprofit organizations,
institutions of higher education, and/or State or local public
defender offices that have inhouse post-conviction
representation programs that show demonstrable experience and
competence in litigating post-conviction claims of innocence.
To avoid any possible conflicts of interest, the Department
shall not require grantees to participate in partnerships
between a State or local prosecutor's office and an
organization or entity dedicated to ensuring just convictions
and/or acquittals. Grant funds shall support grantee provision
of post-conviction legal representation of innocence claims;
case review, evaluation, and management; experts; potentially
exonerative forensic testing; and investigation services
related to supporting these post-conviction innocence claims.
National Center on Restorative Justice.--Of the $3,000,000
provided for this program, no less than $2,500,000 shall be
used to continue a partnership with an accredited institution
of higher education and/or law school for the purposes of
supporting a National Center on Restorative Justice to educate
and train the next generation of justice leaders. The Center
shall also continue to support research focusing on how best to
provide direct services to address social inequities, such as
simultaneous access to substance abuse treatment and higher
education. Further, the Center will expand educational
opportunities for those under sentence and in a court-
supervised substance abuse program, and, through research and
evaluation, the Center will disseminate reports on the impact
of attitudes, recidivism, and costs of the educational
initiatives. Up to $500,000 may be used to support microgrants
to innovative restorative justice projects in communities
across the country.
Jennifer's Law and the Missing Persons and Unidentified
Remains Act of 2019.--The agreement provides $5,000,000 for
this newly authorized grant program. These grants will assist
State and local governments, laboratories, and nonprofit
organizations in the transportation, processing,
identification, and reporting of missing persons and
unidentified remains, including migrants. The Department is
directed to describe how it plans to administer this program as
part of its fiscal year 2022 spend plan.
DNA Initiative.--The agreement provides a total of
$151,000,000 for DNA-related and forensics programs. Within the
funds provided, $4,000,000 is for Sexual Assault Forensic Exam
Program grants, for the purposes authorized under 34 U.S.C.
40723. OJP is expected to make funding for DNA analysis and
capacity enhancement a priority in order to meet the purposes
of the Debbie Smith DNA Backlog Grant Program. The Department
is directed to submit, as part of its spending plan for State
and Local Law Enforcement Activities, a detailed description of
funds appropriated for DNA-related and forensic programs,
including the alignment of appropriated funds with the
authorized purposes of the Debbie Smith DNA Backlog Grant
Program. Allocations should comply with all relevant
requirements, including the Justice for All Reauthorization Act
of 2016 (Public Law 114-235), the Justice Served Act of 2018
(Public Law 115-257), and relevant appropriations directives.
OJP is directed to provide a briefing, within 30 days of the
date of enactment of this Act and in advance of the submission
of the Department's spending plan, on how it will apply
relevant statutory requirements and appropriations directives
to the amounts made available for DNA-related and forensics
programs.
Expansion of Central Data Repositories (CDRs) to Combat the
Opioid Crisis.--BJA has supported the establishment and
operation of statewide data repositories that promote the
collection, analysis, and dissemination of information critical
to our Nation's efforts to combat the intractable and tragic
surge in opioid overdose deaths. Recognizing the opioid crisis
does not follow state lines, the agreement provides $4,000,000
for a competitive grant to an accredited institution of higher
education, to support the expansion of an existing statewide
CDR into a regional hub for drug data collection, analysis, and
dissemination.
Forensic Ballistics and Higher Education.--Subject to
approval from ATF, educational institutions can join NIBIN in
collaboration with local law enforcement agencies. Through the
use of ballistics identification equipment, these NIBIN
initiatives can provide students with hands-on training in the
processing of firearms evidence used to generate actionable
crime gun intelligence. The agreement provides $1,500,000 for a
competitive grant program for universities and technical
colleges, to acquire ballistics identification equipment and
support forensic ballistics programs.
Second Chance Act.--The directives and reporting
requirements addressed in the joint explanatory statement
accompanying Public Law 116-260 shall continue to be followed
by the Department. In addition, the agreement provides
$10,000,000 for the purposes of the Crisis Stabilization and
Community Reentry Act of 2020 (Public Law 116-281), which also
addresses the mental health and substance use disorder needs of
individuals who are recently released from correctional
facilities.
Community-Based Approaches to Advancing Justice.--The
agreement provides $5,000,000 for a grant program that supports
community-based organizations and civil rights groups with
implementing and facilitating educational classes and community
services that address hate crimes and provide support for
victims in their communities. The Department is directed to
submit a plan for implementing this program as part of the
fiscal year 2022 spend plan.
Jabara-Heyer NO HATE Crime Act Grants.--The agreement
provides $5,000,000 for this newly authorized grant program.
These grants will assist State and local governments with
providing data into the National Incident-Based Reporting
System, which will improve the quality of hate crimes data
collected by the FBI; establishing hate crime reporting
hotlines; and developing and adopting policies on identifying,
investigating, and reporting hate crimes. The Department is
directed to describe how it plans to administer this program as
part of its fiscal year 2022 spend plan.
Community Based Violence Intervention and Prevention
Initiative (CVIPI).--The agreement provides $50,000,000 for a
grant program that supports communities in developing
comprehensive, evidence-based violence intervention and
prevention programs, including efforts to address gang and gun
violence, based on partnerships between community residents,
law enforcement, local government agencies, and other community
stakeholders. Awards should be prioritized for communities with
the highest number of homicides and the highest number of
homicides per capita. Funding may be used for youth-based
programs. Efforts supported by the Byrne Criminal Justice
Innovation program in fiscal year 2021 may also be used for
CVIPI.
The Department is directed to submit a plan for
implementing this program as part of the fiscal year 2022 spend
plan. The Department is directed to prioritize that these
grants be made to community-based violence intervention
programs to the fullest extent possible and also track and
publish information on this funding, including the number of
awards made, a description of the use of funding for each
project, and the number of grant applications received.
Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants (``projects'').--The agreement provides
$184,707,000 for projects to prevent crime, improve the
criminal justice system, provide victim services, and for other
related activities. The accompanying table details funding for
project activities, which are incorporated by reference in this
Act:
BYRNE DISCRETIONARY COMMUNITY PROJECT GRANTS/BYRNE DISCRETIONARY GRANTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
18th Judicial District Court of Establishment of a $1,000,000
Kansas. Veterans Treatment
Court in Sedgwick
County.
A New Way of Life............... A New Way of Life $250,000
Safe Homes--
Women's Reentry
and Economic
Development
Initiative.
Adams County Government......... Expanding Services $2,000,000
to Domestic
Violence Victims
in Adams County.
Advocate Christ Medical Center.. Community Violence $640,000
Prevention
Initiative.
Ak-Chin Indian Community Police Ak-Chin Indian $500,000
Department. Community Police
Department
Equipment
Modernization.
Albuquerque Crossroads for Supportive Services $1,000,000
Women, Maya's Place. for Women, Maya's
Place.
Allegheny Police Chiefs, Inc.... Body-Worn Camera $550,000
and Technology
Project.
Alliance for Gun Responsibility Restorative Justice $300,000
Foundation. for Youth--South
King County.
Anna Maria College.............. Public Safety $1,075,000
Professionals
Training
Initiative.
Arkansas City Police Department. Acquisition of Body- $25,000
Worn Cameras.
Atchison Police Department...... Acquisition of Body- $55,000
Worn Cameras.
Autism Society of America Nassau Statewide Training $250,000
Suffolk Chapter. for Public Safety
Officials Who
Respond to
Incidents
Involving
Individuals with
Disabilities.
Baltimore City Mayor's Office... Baltimore Police $650,000
Department
Community
Collaboration
Initiative.
Baltimore Police Department..... Baltimore Police $650,000
Department
Neighborhood
Policing
Initiative.
Bell County..................... Bell County $1,563,000
Sheriff's
Department
Equipment
Modernization Plan.
Bexar County Sheriff's Office... Bexar County $82,000
Sheriff's Office
Animal Cruelty
Investigations
Unit.
Boston Medical Center........... Boston Medical $250,000
Center Violence
Intervention
Advocacy Program.
Bowie State University.......... Institute for $750,000
Restorative
Justice and
Practices.
Broward County Sheriff's Office. Broward County $563,000
Mental Health
Diversion Project.
Calhoun County Sheriff's Calhoun County Safe $1,700,000
Department. Schools Initiative.
Carroll County Sheriff's Office. Body-Worn Cameras, $1,429,000
In-Car Cameras,
for Carroll County
Sheriff's Office.
Center for Hope and Safety...... Center for Hope and $300,000
Safety, Legal
Services Program
for Victims of
Domestic Violence.
Champlain College............... Champlain College $756,000
Cyber Consultation
Expansion.
Cherokee County Sheriff......... Acquisition of Less $60,000
Lethal Law
Enforcement
Technology.
Cherokee County Sheriff's Office Cherokee County $340,000
Training Facility
Equipment.
Children's Service Society of Project Ujima...... $202,000
Wisconsin.
CHOICES for Victims of Domestic Safe Shelter for $750,000
Violence, dba LSS CHOICES. Victims of
Domestic Violence.
City and County of Denver....... City of Denver $384,000
Youth Crisis
Response Team
Initiative.
City and County of Denver....... Denver Community $122,000
Foot Patrol Crime
Prevention
Initiative.
City and County of Denver....... Denver Police $420,000
Department
Community Based
Crime Reduction
Program.
City of Albuquerque, Family and Trauma Recovery $1,000,000
Community Services. Center--Services
for Victims of
Violent Crime.
City of Alexandria (LA)......... City of Alexandria $276,000
Police Body-Worn
Camera Upgrade
Project.
City of Alexandria (VA)......... Pilot Deployment of $600,000
Body-Worn Cameras
in the Alexandria
Police Department.
City of Atlanta................. Atlanta Center for $2,988,000
Diversion &
Services Pilot
Program.
City of Baltimore............... 9-1-1 Diversion $2,000,000
Pilot Expansion.
City of Beaverton............... Beaverton $500,000
Behavioral Health
Court.
City of Bellevue................ Bellevue Community $915,000
Crisis Team
Program.
City of Belton.................. City of Belton $374,000
Public Safety
Equipment.
City of Boulder................. Crisis Intervention $255,000
Response
Initiative.
City of Burien.................. City of Burien $300,000
Enhanced Youth
Services.
City of Carlsbad................ Carlsbad First $400,000
Responder Radio
Communications
Equipment.
City of Charleston.............. Charleston Drug $300,000
Market
Intervention
Initiative.
City of Charleston.............. Development of a $1,000,000
Crisis
Intervention Team
in Charleston.
City of Charlotte............... Cure Violence $1,000,000
Charlotte
Implementation.
City of Cherryville, NC......... Programmatic $114,000
Support for City
of Cherryville
Police Department.
City of Chicago................. Neighborhood $500,000
Policing
Initiative
Expansion.
City of Clearwater, Florida..... Clearwater Police $144,000
Department Mental
Health Co-
Responder Program.
City of Deerfield Beach, Florida Security Technology $595,000
Enhancements.
City of Detroit................. Project Clean Slate $1,503,000
City of El Paso................. El Paso Police $525,000
Department Body-
Worn Camera
Program.
City of Frederick............... Frederick Police $125,000
Department Mobile
Crisis Team
Support.
City of Fresno Police Department Advance Peace $300,000
Fresno--Violence
Prevention and
Intervention
Program.
City of Glendale................ Expansion of $700,000
Forensic Testing
Services for the
Verdugo Regional
Crime Laboratory.
City of Grand Rapids............ Grand Rapids Police $180,000
Department Mental
Health Crisis Co-
Response Pilot
Program.
City of Hartford................ City of Hartford $1,398,000
Youth Violence
Prevention and
Intervention
Program.
City of Highland Park........... City of Highland $382,000
Park Police
Training and
Equipment.
City of Hollywood............... Hollywood Police $1,702,000
Department Body-
Worn Cameras.
City of Huntington.............. Procurement of $4,000
Vehicular Evidence
Detection
Equipment.
City of Hyattsville............. Hyattsville $100,000
Evidence Lab
Equipment Upgrade.
City of Indianapolis............ Mental Health $1,000,000
Diversion Program.
City of Keene, NH, Police Keene Police $415,000
Department. Department Body-
Worn and In-Car
Camera Systems.
City of Largo, FL............... Police Officers $230,000
Body-Worn Cameras
for Largo Police
Department.
City of Long Beach.............. City of Long Beach $1,200,000
Public Safety
Training.
City of Longview................ City of Longview, $292,000
Community Policing
Crisis
Intervention Team.
City of Lorain, Ohio............ Community Policing $400,000
Initiative.
City of Los Angeles, Office of CIRCLE 24/7: Crisis $1,500,000
City Homelessness Initiatives. and Incident
Response through
Community-Led
Engagement.
City of Manassas Police Law Enforcement $270,000
Department. Mental Health and
Domestic Violence
Case Management
Team.
City of Mansfield Division of City of Mansfield $50,000
Police. Division of Police
Gun-shot Detection
Program.
City of McAllen................. City of McAllen $250,000
Police Forensics
Equipment.
City of Napa.................... Napa County Public $1,800,000
Safety Radio and
Communication
Upgrade Project.
City of New Haven............... New Haven Community $2,000,000
Crisis Response
Team (NH-CCRT).
City of New York, Office to Crisis Management $3,000,000
Prevent Gun Violence. System (CMS).
City of Oakland................. Oakland Violence $200,000
Prevention Program.
City of Omaha................... Encompass Omaha: A $527,000
Hospital-based
Violence
Intervention
Program.
City of Orlando................. City of Orlando $1,200,000
Police Department
Next Generation
Body-Worn Cameras.
City of Pelham, Georgia......... City of Pelham-- $225,000
Radio
Communications
System Upgrade.
City of Portland................ City of Portland $200,000
Violence
Prevention
Outreach.
City of Portland Police Portland $658,000
Department. Alternative
Response Team
Initiative.
City of Rialto.................. City of Rialto Body- $700,000
Worn Camera
Upgrade.
City of Roswell................. Roswell Police $12,000
Department
Community
Relations Unit.
City of Saginaw................. Saginaw Crime $482,000
Reduction
Initiative.
City of Saint Paul.............. Community Law $1,500,000
Enforcement Career
Initiative.
City of San Jose Police Mobile Crisis $1,000,000
Department. Assessment Team.
City of Santa Rosa.............. Santa Rosa Justice $1,052,000
and Mental Health
Collaboration
Program.
City of Selma, Alabama.......... Community Oriented $550,000
Policing Services
in Selma, Alabama.
City of Simi Valley............. Simi Valley Radio $1,000,000
Replacement.
City of Stanton................. North Orange County $5,000,000
Public Safety Task
Force.
City of Stockton................ Safer Streets-- $1,000,000
Safer Communities:
Group Gun Violence
Reduction,
Ceasefire, and
Firearms Reduction
Program.
City of Syracuse................ Body-Worn Cameras $140,000
for the City of
Syracuse.
City of Thornton................ Body-Worn Cameras $310,000
for the Thornton
Police Department.
City of Thornton................ City of Thornton De- $125,000
Escalation
Training Simulator.
City of Tracy Police Department. City of Tracy Crime $255,000
Reduction Program.
City of Vallejo Police Vallejo Police $900,000
Department. Department
Community Mobile
Mental Health
Response Unit
Pilot Program.
Cleveland Rape Crisis Center.... Rape Crisis Center $500,000
Service Expansion.
Cocaine and Alcohol Awareness Cocaine and Alcohol $671,000
Program, Incorporated. Awareness Program,
Incorporated
(CAAP, Inc.)
Community
Corrections
Program.
Combined Regional Communications Regional Rural 911 $1,601,000
Authority--Freco. Telecommunications
and Data Program
Expansion.
Community College of Vermont.... Correctional Post- $4,500,000
Secondary
Education
Initiative.
Community Leaders Roundtable of Snohomish County $246,000
Seattle, d.b.a. CHOOSE 180. Community-Based
Diversion with
CHOOSE 180.
Council on Domestic Violence and Programmatic $5,000,000
Sexual Assault. Support for
Victims of
Domestic Violence
and Sexual Assault.
Counterterrorism Education Community Awareness $987,000
Learning Lab (CELL). Program
Improvement.
County of El Paso, Texas........ The Crisis $2,015,000
Intervention Team.
County of Placer................ Placer County Body- $580,000
Worn Camera
Program.
County of Ventura............... Ventura County Cold $950,000
Case and Sexual
Assault
Investigation.
Crime Research Group............ Statewide Law $165,000
Enforcement Crime
Research,
Evaluation, and
Analysis.
Cumberland County Sheriff's Acquisition of Body- $250,000
Office. Worn and In-Car
Cameras.
Cuyahoga County................. Central Booking $500,000
Technology and
Equipment
Enhancement.
Cuyahoga County................. Cuyahoga Diversion $500,000
and Mental Health
and Addiction
Services
Initiative.
Deerpark Town Police Department. Deerpark Body-Worn $30,000
Cameras.
Delaware Criminal Justice Statewide Body-Worn $1,600,000
Council. Camera Project.
Delaware Criminal Justice Statewide Violence $1,900,000
Council. Reduction Project.
Denver Police Department........ Denver Police $244,000
Department
Outreach Case
Coordinator.
Detroit Police Department....... Ceasefire Detroit $715,000
Violence Reduction
Program.
Domestic Violence Action Center. Immigrant Triad $367,000
Program Expansion.
Durham County Government........ Community Violence $250,000
Intervention
Project.
East Baton Rouge Sheriff's East Baton Rouge $686,000
Office. Rapid DNA System.
Eastern Michigan University..... Prisoner Reentry $250,000
Services.
Educate Youth Ypsilanti......... Police Community $149,000
Relations Training
Program.
Essex County Sheriff's STAR Program $850,000
Department. (Supporting
Transitions and
Reentry).
Family Service of Rhode Island Police Go Team $413,000
(FSRI). Critical Services
and Expansion.
Ford County Sheriff............. Acquisition of Body- $305,000
Worn and In-Car
Cameras.
Forrest County Sheriff's Office. Forrest County $500,000
Sheriff's Office
Radios & Body-Worn
Cameras.
Forsyth County Government....... Forsyth County $90,000
Substance Abuse
and Intervention
Program.
Forsyth County Government....... Crisis Intervention $235,000
Team.
Fort Hays State University...... Support a Regional $1,500,000
De-Escalation
Training Center.
Friends of the Portsmouth ACT NOW Portsmouth $199,000
Juvenile Court, Inc.. Coalition to
Address Community
Violence.
Gardner Police Department....... Acquisition of In- $20,000
Car Cameras for
Patrol Units.
Genesee County.................. Genesee County $768,000
Justice
Partnership for
Reform.
George Mason University......... Coalition to $1,483,000
Enhance the
Capacity of
Policing Mental
Health Problems in
Virginia.
Graham County Sheriff's Graham County In- $91,000
Department. Car Radios for
Patrol Cars.
Graham County Sheriff's Graham County $53,000
Department. Sheriff Body-Worn
Camera Project.
Greeley County Sheriff.......... Acquisition of Body- $35,000
Worn and In-Car
Cameras.
Greenland Police Department..... Greenland Police $70,000
Department Body
Camera Upgrades.
Greenland Police Department..... Greenland Police $15,000
Department
Security
Technology
Enhancements.
Heartland Alliance.............. Chicago Evidence- $500,000
Based Violence
Reduction
Initiative.
Hennepin County................. Hennepin County $500,000
Family Dependency
Treatment Court.
Henry C. Lee Institute of Forensic Science $120,000
Forensic Science. Training and
Workshop Program.
Hiawatha Police Department...... Acquisition of Less $30,000
Lethal Law
Enforcement
Technology.
Homestead Police Department..... Homestead Police $750,000
Department Body-
Worn Camera
Program.
Houston Police Department....... Houston Police $975,000
Department
Advocates for
Violent Crime
Victims.
Huckleberry House, Inc.......... Central Ohio Youth $610,000
Homelessness
Support for
Victims of Crime.
Hudson Partnership Care Juvenile Justice $340,000
Management Organization. Mentorship Program
Expansion.
JEVS Human Services............. The Choice is Yours $400,000
Johnstown Police Department..... Johnstown Police $79,000
Department Mobile
Office Technology
Project.
Kansas Bureau of Investigation.. Updates to the $3,000,000
Kansas Incident
Based Reporting
System.
Kansas City, Missouri Health Aim4Peace Hospital- $250,000
Department. based Violence
Intervention
Program.
Kansas Law Enforcement Training Rural Law $2,000,000
Center. Enforcement
Training.
Kinai 'Eha...................... Kawailoa Youth and $1,500,000
Family Wellness
Center.
Kings Against Violence NYS Center for $750,000
Initiative, Inc.. Strengthening
Community Violence
Intervention
Programs (SCVIP).
Kings County.................... King's County $413,000
Deputy Sheriff's
Body-Worn Camera
Project.
Lackawanna County Government.... Lackawanna County $2,000,000
Gun and Gang
Reduction and
Intelligence
Project (GGRIP).
Lake County Board of County Lake County $495,000
Commissioners. Community Justice
Navigator.
Lake Havasu City................ Lake Havasu City $1,778,000
Jail Refurbishment.
Lansing Office of the City Lansing Office of $76,000
Attorney. the City Attorney
Prosecution
Support.
Lansing Police Department....... Lansing Police $1,342,000
Department--Lansin
g Crisis
Assessment Team
(LCAT).
Law Enforcement Against Drugs Enhancing the Youth $394,000
and Violence (LEAD). Drug and Violence
Prevention Program.
Law Enforcement Planning Modular Medical $659,000
Commission. Examiner's Office
Suite--Equipment.
Lawndale Christian Legal Center. North Lawndale $200,000
Community-Based
Legal Services
Enhancement.
Leavenworth Police Department... Acquisition of Less $20,000
Lethal Law
Enforcement
Technology.
LifeBridge Health, Inc.......... LifeBridge Health $600,000
Community Violence
Cessation.
Los Angeles Brotherhood Crusade, Brotherhood Crusade $220,000
Black United Fund, Inc. and 2nd Call:
Answering the
Second Call--A
Holistic,
Culturally-
Responsive, Trauma-
Informed Re-Entry
Program.
Louisiana Office of State Police Less-Than-Lethal $2,300,000
Technology
Training Center
Equipment.
Lower Richland Alumni Foundation The Lower Richland $800,000
Alumni Foundation
Community Cares
Project.
Lucas County Sheriff's Office... Lucas County Jail $2,000,000
Mental Health
Evaluation and
Stabilization Wing
Planning and
Design.
Lutheran Settlement House....... Strengthening $125,000
Supports for
Victims of
Domestic Violence.
Marion County Prosecutors Office Marion County $96,000
Prosecutor's
Office Second
Chance Workshops.
Marshall University............. Marshall University $1,750,000
Law Enforcement
Training Center in
Forensic Sciences.
Marylanders to Prevent Gun Maryland Violence $367,000
Violence. Prevention
Coalition
Expansion.
Menifee County Sheriff's Office. Menifee County $529,000
Schools Security
Project.
Miami-Dade Police Department.... Operation Safe $2,010,000
Ride--Public
Safety Program.
Mississippi State University.... North Mississippi $600,000
Regional Law
Enforcement
Technology Project.
Mississippi State University.... Support the $470,000
Mississippi
Department of
Corrections with
Reentry
Programming.
Morrow County Sheriff's Office.. Morrow County $288,000
Sheriff's Office
Radio
Communications
System.
Mothers in Charge............... Mothers In Charge $100,000
Prevention,
Intervention and
Education (PIE).
Multnomah County District Community-Based Gun $132,000
Attorney's Office. Violence
Intervention.
Municipality of Utuado.......... Law Enforcement $116,000
Equipment and
Technology for the
Utuado Municipal
Police.
Nashua Police Department........ Nashua Police $95,000
Department
Interpretation and
Translation
Services.
National Institute for Criminal Youth ALIVE! and $500,000
Justice Reform. Community & Youth
Outreach (CYO).
Nevada Department of Public From Supervision to $235,000
Safety Parole and Probation. Success--Recidivis
m Reduction
Program.
New Britain Police Department... Improving Community $15,000
Youth & Police
Relations in New
Britain.
New Castle County Division of New Castle Police $749,000
Police. Department
Behavioral Health
Crisis
Intervention Unit
Expansion.
New Hampshire Department of Statewide Law $500,000
Justice. Enforcement
Community Policing
Initiative.
New Hanover County Sheriff's Forensic DNA $400,000
Department. Technology.
New Jersey Coalition Against Post-COVID-19 $440,000
Sexual Assault. Survivors of
Sexual Violence
Assessment and
Resources Project.
New York City Police Department. Critical Response $350,000
Command K9-
Training and
Equipment.
New York City Police Department. Forensic Equipment. $2,000,000
New York City Police Department. Personal Protective $550,000
Equipment.
Newark Community Street Team.... High Risk $471,000
Intervention Team
Expansion.
NMI Judiciary................... Technical $303,000
Assistance to
Determine the
Viability of a
Mental Health
Treatment Court
with a Specific
Docket for
Veterans.
Oak Park Department of Public Oak Park Body-Worn $560,000
Safety. and In-Car Cameras.
Oklahoma Bureau of Narcotics & Activities Support $4,000,000
Dangerous Drugs Control. for Combatting
Drug Trafficking.
One Hundred Black Men of NY..... Support and $4,990,000
Training for
Restorative
Justice.
Opportunities, Alternatives, and Collaborative $742,000
Resources (OAR). Diversion for
Equitable Justice
Outcomes.
Orange County................... Coordinated Reentry $5,000,000
Center--Programs
and Services.
Orange County Restorative Training and $433,000
Justice Center. Support for Orange
County Restorative
Justice Center.
Pinellas County Justice Center.. Pinellas County $200,000
Intercept Unit.
Pittsburg Police Department..... Acquisition of Less $235,000
Lethal Law
Enforcement
Technology.
Portage County Sheriff's Office. Body-Worn and In- $616,000
Car Cameras for
Patrol.
Prince William County Police Police Use of Force $250,000
Department. Assessment,
Evaluation, and
Analysis.
Providence Children's Museum.... At-Risk Children $150,000
Therapy Initiative.
Providence Police Department.... Police Vehicle and $1,375,000
Related Equipment
Procurement.
Providence Police Department.... Public Safety $900,000
Technology and
Security
Enhancements.
Raleigh/Wake City-County Bureau Raleigh/Wake City- $500,000
of Identification. County Bureau of
Identification DNA
Testing Equipment.
Ramsey County................... Ramsey County $900,000
Community Violence
Prevention Project.
Roca Baltimore.................. South Baltimore $400,000
Peacemaking Pilot
Project.
Roca, Inc....................... Behavioral Health $678,000
Intervention
Services.
Safelight, Inc.................. Safelight Child $1,000,000
Advocacy Center.
Saint Cloud Police Department... Community Outpost $475,000
House Program
Expansion.
Samadhi Center, Inc............. Samadhi Center $430,000
SNUGS Program.
San Antonio Police Department... San Antonio Mental $1,000,000
Health Unit
Expansion.
San Mateo County Sheriff's First Responder $350,000
Office. Enhanced Crisis
Intervention
Training.
Schuylkill County............... Schuylkill County $1,064,000
Intermediate
Punishment
Facility Equipment.
Sedgwick County Sheriff......... Acquisition of $140,000
Detention
Monitoring Cameras.
Sojourner Family Peace Center... Crisis Outreach and $533,000
Intervention in
Neighborhoods Team.
Southern Methodist University... Combatting Human $1,187,000
Trafficking.
Spokane Sheriff's Department.... Spokane Sheriff's $480,000
Department Rapid
DNA Technology.
Stafford Township Police On POINT--Proactive $32,000
Department. Outreach in Needs
and Treatment
Program Expansion.
State of Hawai'i, Department of Division of $340,000
Land and Natural Resources. Conservation and
Resources
Enforcement
Academy Program.
State of Maryland............... First Responder $150,000
Equipment Upgrades.
The ARC of New Jersey........... Preventing Sexual $113,000
Violence Against
People with IDD
Initiative.
The Carnegie Hall Corporation... Crime Prevention $500,000
and Justice-system
Improvement Arts
Initiative for At-
risk Youth.
The City of Grand Rapids........ Cure Violence Grand $600,000
Rapids.
The City of Opa-Locka Police Opa-Locka Gunshot $109,000
Department. Detection Violence
Reduction
Initiative.
The Connie Rice Institute for Urban Peace $220,000
Urban Peace. Institute and
Chapter TWO: South
Los Angeles Peace
Ambassadors.
Thundermist Health Center....... Crisis Intervention $1,201,000
Teams.
Tides Family Services........... At-risk Youth $120,000
Community Outreach
Program.
Toberman Neighborhood Center.... Toberman $1,000,000
Neighborhood
Center San Pedro
Violence
Interruption
through Gang
Deterrence Program.
Town of Exeter Police Department Exeter Police $232,000
Department Body-
Worn Camera
Training.
Town of Mammoth................. Public Safety $140,000
Patrol Vehicle
Procurement.
Town of North Smithfield........ Public Safety $140,000
Communications
Equipment Upgrade.
Town of Pacolet................. Replacement of End- $52,000
of-Life Police
Patrol Vehicles.
U.S. Institute Against Human Combatting Human $750,000
Trafficking. Trafficking in the
State of Florida.
University of Alaska Fairbanks.. Support for $2,000,000
Research, Testing,
and Evaluation of
Counter-Unmanned
Aerial Systems in
Law Enforcement
Operations.
University of Maryland Medical University of $497,000
Center R Adams Cowley Shock Maryland Medical
Trauma Violence Prevention Center R Adams
Program. Cowley Shock
Trauma Violence
Prevention Program.
University of South Alabama..... Department $500,000
Community-Based
Crisis
Intervention
Training and
Support for
Primary Responders.
University Park Police University Park $20,000
Department. Police Department
Body-Worn Cameras.
Ute Mountain Ute Tribe.......... White Mesa Law $784,000
Enforcement
Service Expansion.
UTEC, Inc....................... Supports for Proven $500,000
Risk Youth and
Young Adults in
Haverhill.
Vermont Department of Public Statewide Law $2,000,000
Safety. Enforcement Reform
Initiative.
Village of Hoffman Estates...... Village of Hoffman $150,000
Estates Domestic
Violence Project.
Village of Maywood.............. Maywood Alternative $621,000
Policing
Strategies, Junior
(MAPS, Jr.).
Virginia Commonwealth University Richmond, Virginia, $996,000
Gun Violence
Prevention
Framework.
Virginia Hospital & Healthcare Virginia Hospital- $488,000
Association Foundation. Based Violence
Intervention
Program
Collaborative.
Washington State Department of King County, Making $250,000
Commerce. Prevention
Possible Program.
Wolcott Police Department....... Fixed Network $3,200,000
Equipment Upgrade
for Wolcott Police
Department.
Women's Advocates, Inc.......... Emergency Crisis $300,000
Center Support.
Young Women's Christian YWCA Greater Los $300,000
Association of Greater Los Angeles Sexual
Angeles. Assault Response
Team (SART)
Project.
------------------------------------------------------------------------
JUVENILE JUSTICE PROGRAMS
The agreement includes $360,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................... $70,000
Emergency Planning--Juvenile Detention Facilities.......... (500)
Youth Mentoring Grants..................................... 102,000
Title V--Delinquency Prevention Incentive Grants........... 49,500
Prevention of Trafficking of Girls....................... (4,000)
Tribal Youth............................................. (14,000)
Children of Incarcerated Parents Web Portal.............. (500)
Girls in the Justice System.............................. (4,500)
Youth Affected by Substance Abuse........................ (12,000)
Children Exposed to Violence............................. (8,000)
Protecting Vulnerable and At-Risk Youth.................. (5,000)
Victims of Child Abuse Programs............................ 33,000
Missing and Exploited Children Programs.................... 99,000
Training for Judicial Personnel............................ 4,000
Juvenile Indigent Defense.................................. 2,500
============
Total, Juvenile Justice................................ $360,000
------------------------------------------------------------------------
For fiscal year 2022, the Department is directed to
continue following the directives and reporting requirements in
the joint explanatory statement accompanying Public Law 116-260
regarding ``Part B: State Formula Grants,'' ``Implementation of
the Juvenile Justice Reform Act of 2018,'' ``Juvenile Diversion
Programs,'' ``Youth Mentoring Grants,'' ``Victims of Child
Abuse Act,'' and ``Children Exposed to Violence.''
Statutes of Limitations on Crimes Against Children.--
Statutes of limitations have prevented survivors of child
sexual abuse, child exploitation, and child sex trafficking
from seeking justice when their trauma causes them to delay
disclosure of their abuse until later in life. In lieu of House
language regarding the prioritization of grants for Victims of
Child Abuse programs, the agreement directs the Department to
continue implementing the program as authorized under the
Victims of Child Abuse Act (Public Law 101-647) and encourages
the Department to explore ways of encouraging States to review
and revise statutes of limitations and avenues for reviving
time-barred civil claims for child sexual abuse, child
exploitation, and child sex trafficking for adults who were
children when they were victimized.
Girls in the Juvenile Justice System.--The agreement
provides $4,500,000 for the Reducing Risk for Girls in the
Juvenile Justice System grant program, which will enable
organizations, including nonprofit entities, with a successful
track record of administering prevention and early intervention
programs for girls who are most likely to end up in the
juvenile justice system, at a local or State level, to
replicate these programs at a national level. Funding for this
program will further support prevention and early intervention
strategies and curricula throughout the country, and place
vulnerable girls on a path toward success, stability, and long-
term contribution to society.
Children Exposed to Violence.--The agreement provides
$8,000,000 for grants to help children exposed to violence,
through supportive services for the children and their
families, training and awareness to communities, and technical
assistance for child and family-serving organizations to help
them better recognize and help families at risk for violence.
Protecting Vulnerable and At-risk Youth.--The agreement
provides $5,000,000 to support the establishment of a pilot
demonstration program, through which at least four community-
based organizations, to include those in underserved rural
communities, can apply for funding to develop, implement, and
build replicable treatment models for residential-based
innovative care, treatment, and services. The primary
population served by such pilot programs shall include
adolescents and youth transitioning out of foster care who have
experienced a history of foster care involvement, child
poverty, child abuse or neglect, human trafficking, juvenile
justice involvement, substance abuse disorder, or gang
involvement. Community-based programs providing crisis
stabilization, emergency shelter, and addiction treatment for
adolescents and transitional age residential programs with
reputable outcomes shall be accorded priority in funding under
this program.
Missing and Exploited Children Programs.--The agreement
includes $99,000,000 for Missing and Exploited Children
programs. The Department is directed to distribute the
increased amount proportionally among such programs, excluding
research and technical assistance activities. Furthermore, OJP
is directed to provide a detailed plan for the use of these
funds as part of the Department's spending plan for fiscal year
2022.
For fiscal year 2022, the Department is directed to
continue following the directives and reporting requirements in
the joint explanatory statement accompanying Public Law 116-260
regarding the AMBER Alert program, the continued development of
IT solutions to address both duplicative tips and law
enforcement deconfliction, and the provision of no less than
$3,000,000 for a competitive grant program to increase the
technological investigative capacity, and associated training
of law enforcement, to support the development, refinement, and
advancement of widely used investigative tools, methods and
technologies that address child sexual abuse material (CSAM),
exploitation, and sex trafficking.
Advanced Skills Training for Internet Crimes Against
Children (ICAC) Officers.--Within the funds provided, no less
than $1,000,000 is to maintain, strengthen, and enhance the
ICAC Child Online Protection System (ICACCOPS) investigative
tools that address CSAM, exploitation, and sex trafficking.
This funding will enable a significant upgrade of hardware,
software, and other critical infrastructure components, which
will increase investigative capacity and effectiveness. Within
90 days of the date of enactment of this Act, OJJDP is directed
to submit a report on specific, long-term objectives associated
with this funding.
ICACCOPS Training.--The Department is directed to
prioritize expanded training on and use of ICACCOPS across
Federal, State, local, Tribal, and military law enforcement
agencies. The Department is further directed to coordinate with
the Department of Defense on the implementation of section 550D
of Public Law 116-92.
ICAC Structure.--The Department is directed to immediately
submit the report directed in the joint explanatory statement
accompanying Public Law 116-260 regarding the ICAC program and
structure. The deadline for this report was April 26, 2021. The
Department is further directed to submit an updated report, not
later than 9 months after the date of enactment of this Act.
National Center for Missing and Exploited Children (NCMEC)
Transparency.--The agreement clarifies that the report
requested in House language under the heading ``National Center
for Missing and Exploited Children (NCMEC) Transparency'' shall
include the following information: (1) the number of reports
submitted to the CyberTipline by Electronic Service Providers
containing suspected CSAM disaggregated by how many images and
videos are deemed to be unique using hash-matching technology;
(2) the number of reports submitted to the CyberTipline by
Electronic Service Providers containing suspected CSAM with
unique images and videos after deconfliction or deduplication
of visually similar imagery; (3) the number of unique image and
video files reviewed by the Child Victim Identification Program
(CVIP); (4) the total number of unique image and video files
reviewed by the CVIP disaggregated by whether there was a known
or suspected relationship between the suspected offender and
the victim, including disaggregation by the type of
relationship; and (5) the number of CSAM series containing
unidentified minor victims added to the NCMEC's CVIP database
of victims for the first time.
Alternatives to Youth Incarceration.--The Department is
encouraged to share with the Committees its strategic plan to
develop and implement the Alternatives to Youth Incarceration
program in future years.
Arts in Juvenile Justice.--The Department is directed to
establish, with advice and consultation from the National
Endowment for the Arts and arts stakeholders, an Arts in
Juvenile Justice demonstration program to provide competitive
grants to partnerships among arts organizations and juvenile
justice systems, programs, and nonprofit organizations, to
pilot promising and effective art-based and art therapy models
for youth engaged, or at risk of being engaged, with the
juvenile justice system.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $152,000,000 for the Public Safety
Officer Benefits program for fiscal year 2022.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $511,744,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants......................................... $246,000
Tribal Resources Grant Program........................... (31,500)
Regional Information Sharing Activities.................. (42,000)
Tribal Access Program.................................... (3,000)
Law Enforcement Mental Health and Wellness Act........... (8,000)
Collaborative Reform Model............................... (5,000)
POLICE Act................................................. 11,000
Anti-Methamphetamine Task Forces........................... 15,000
Anti-Heroin Task Forces.................................... 35,000
STOP School Violence Act................................... 53,000
Community Policing Development............................. 40,000
Co-Responder Crisis Teams................................ (10,000)
De-escalation Training................................... (15,000)
Accreditation Support.................................... (8,000)
CPD Microgrants.......................................... (5,000)
Diversity and Anti-Bias Training......................... (2,000)
Community Oriented Policing Services, Technology and 111,744
Equipment.................................................
Community Projects/COPS Law Enforcement Technology and
Equipment.................................................
============
Total, Community Oriented Policing Services............ $511,744
------------------------------------------------------------------------
For fiscal year 2022, the COPS Office is directed to
continue following the directives and reporting requirements in
the joint explanatory statement accompanying Public Law 116-260
regarding ``Anti-Methamphetamine Task Forces,'' ``Anti-Heroin
Task Forces,'' ``Law Enforcement Mental Health and Wellness
Grants,'' and ``School Resource Officers.''
COPS Hiring.--The directive regarding additional
consideration for applicants that commit to recruiting officers
from the communities in which they will serve, described in the
joint explanatory statement accompanying Public Law 116-260, is
to be continued for fiscal year 2022. Within 30 days of the
enactment of this Act, the COPS Office is directed to submit a
report on the application of this criterion in COPS Hiring
Program awards.
Community Policing Development (CPD), Training and
Technical Assistance.--The agreement provides $40,000,000 for
CPD, which is directed to be provided in competitive grants,
including directly to law enforcement agencies, in the
following manner: $10,000,000 is to expand the use of crisis
intervention teams in order to embed mental and behavioral
health services with law enforcement, including funding for
specialized training; $15,000,000 is for officer training in
de-escalation, implicit bias, and duty to intervene techniques,
of which no less than $2,000,000 is for grants to regional de-
escalation training centers that are administered by accredited
institutions of higher education and offer de-escalation
training certified by a national certification program;
$8,000,000 is for assisting agencies with gaining accreditation
to ensure compliance with national and international standards
covering all aspects of law enforcement policies, procedures,
practices, and operations of which no less than $2,000,000 is
to be provided for small and rural law enforcement agencies for
this purpose; $5,000,000 is for the continuation of the CPD
Microgrants program that provides funding for demonstration and
pilot projects that offer creative ideas to advance crime
fighting, community engagement, problem solving, or
organizational changes to support community policing; and
$2,000,000 is for grants to support tolerance, diversity, and
anti-bias training programs offered by organizations with well-
established experience training law enforcement personnel and
criminal justice professionals. The COPS Office is directed to
report within 30 days of the date of enactment of this Act on
how the direction for CPD grants is being followed as well as
timelines for grant deadlines and distribution.
Within the CPD Microgrants program, the COPS Office is
urged to support law enforcement agencies' and Tribes'
engagement with their communities, including nonprofit
organizations, institutions of higher education, community
groups, youth groups, and faith-based organizations. This
engagement will facilitate organized dialogues that bring
together community members and law enforcement officers and
promote the development of shared goals that will enhance the
collective safety of the community.
Collaborative Reform Model.--The agreement provides
$5,000,000 for the restoration of the Collaborative Reform
Model, which assists local law enforcement agencies in
identifying problems and developing solutions to some of the
most critical issues facing law enforcement today, such as use
of force, fair and impartial policing, and improved
accountability. Grant funding is to only be used to assist law
enforcement agencies who choose to engage in the collaborative
reform process with the Department.
Community Oriented Policing Services, Technology and
Equipment Community Projects/COPS Law Enforcement Technology
and Equipment (``projects'').--In lieu of language included in
House Report 117-97, the agreement provides $111,744,000 for
grants to State, local, Tribal, territorial, and other entities
to develop and acquire effective equipment, technologies, and
interoperable communications that assist in responding to and
preventing crime. The agreement notes that the projects
included in this statement should help improve police
effectiveness and the flow of information among law enforcement
agencies, local government service providers, and the
communities they serve. Equipment funded under this program
should meet any applicable requirements of the National
Institute of Standards and Technology's Office of Law
Enforcement Standards. The accompanying table details funding
for congressionally designated activities, which are
incorporated by reference in this Act:
COMMUNITY ORIENTED POLICING SERVICES, TECHNOLOGY AND EQUIPMENT COMMUNITY
PROJECTS/COPS LAW ENFORCEMENT TECHNOLOGY AND EQUIPMENT
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Aitkin County Sheriff's Office.. Public Safety $305,000
Equipment Upgrade.
Baker County Sheriff's Office... Radio $190,000
Infrastructure
Upgrade.
Baltimore Police Department..... Baltimore Police $2,000,000
Department Records
Management System
and Early
Intervention
System.
Borough of Leonia............... Strengthening $251,000
Public Safety
Communications
Project.
Camden County Police Department. Cameras to Monitor $500,000
Illegal Dumping.
Charles County, Maryland........ Charles County Body- $610,000
Worn Camera
Project.
Cheshire County Sheriff's Office Cheshire County $750,000
Sheriff's Office
Radio
Communications
System.
Chicago Police Department....... Chicago Integrated $500,000
Intelligence
Strategy Program
Equipment.
Chittenden County Public Safety Chittenden County $750,000
Authority. Public Safety
Authority Regional
Dispatch Center--
Equipment.
City of Alamo................... City of Alamo $540,000
Police Radio
Equipment.
City of Albuquerque--Police Albuquerque Police $1,471,000
Department. Department Gunshot
Detection System.
City of Albuquerque--Police Albuquerque Police $435,000
Department. Department Public
Safety Echo
Project.
City of Carlsbad................ Carlsbad Police $575,000
Department Mobile
Command Center
Equipment Upgrades.
City of Center Line............. City of Center Line $350,000
Communication
Equipment Upgrade.
City of Charleston.............. Charleston Eyes & $750,000
Ears Police
Technology
Initiative.
City of Clinton Police Radio Upgrades and $173,000
Department. Repeater Placement.
City of Columbia................ Body-Worn and In- $709,000
Car Camera
Modernization.
City of Duluth.................. Duluth 911 $750,000
Automated Response
System.
City of Elk Grove............... Elk Grove Police $520,000
Department
Communications
Center Equipment.
City of Eugene.................. Public Safety $200,000
Vehicle
Procurement.
City of Fremont................. City of Fremont $250,000
Emergency Dispatch
System.
City of Glendale................ Glendale 911 $480,000
Communication
Center Upgrades.
City of Glendale, Arizona....... Public Safety $715,000
Command Center
Procurement.
City of Greensboro.............. Computer Aided $3,000,000
Dispatch System
Replacement for
the City of
Greensboro, NC.
City of Greenville, North Police Radio $3,000,000
Carolina. Replacement.
City of Huntington.............. National Integrated $219,000
Ballistic
Information
Network (NIBIN)
Database Entry
Terminal
Procurement.
City of Laurel, Maryland........ Laurel Police $200,000
Department Radio
Technology Upgrade.
City of Lemoore................. City of Lemoore $1,000,000
Police Dispatch.
City of Lorain, Ohio............ Police Department $500,000
Technology and
Equipment Upgrades.
City of Manassas Park........... Manassas Park $447,000
Public Safety and
Security Project.
City of Milton Police Department New Police Station $33,000
Technology.
City of Milton Police Department Police Cruiser $118,000
Equipment Update.
City of Monroeville............. Monroeville Police $125,000
Department
Security Cameras.
City of Monrovia................ Monrovia Public $843,000
Safety Critical
Communications
Replacement
Project.
City of New Martinsville........ New Martinsville $58,000
Law Enforcement
Cameras.
City of Pomona--Police Police Radio $3,404,000
Department. Upgrades.
City of Portage................. City of Portage $258,000
Radio Equipment
Upgrade.
City of Rochester............... Records Management $500,000
System Upgrade.
City of Saint Paul.............. Saint Paul Police $2,000,000
Department
Portable Radio
Replacement.
City of Sparks.................. Sparks First $1,400,000
Responder
Equipment
Replacement.
City of St. Clair Shores........ St. Clair Shores $235,000
Police Department
Body-Worn and In-
Car Cameras.
City of Suffolk................. Suffolk Emergency $3,492,000
Communication
Center Computer
Aided Dispatching
(CAD) and Police
Records Management
System (RMS)
Replacement.
City of Sumter.................. Police Technology $246,000
Update.
City of Tampa................... COPS Technology $382,000
Enhancement.
City of Union City.............. Closed-Circuit $1,100,000
Television (CCTV)
for a Safer Union
City.
City of Vancouver............... City of Vancouver $1,500,000
Police Camera
Program.
City of West Wendover........... West Wendover $376,000
Public Safety
Interoperability
Upgrade.
City of Wheeling................ Wheeling Law $1,001,000
Enforcement
Technology Program.
City of Wilkes-Barre............ City of Wilkes- $2,100,000
Barre,
Pennsylvania's
Community Policing
Technology and
Equipment
Initiative.
City of Winston-Salem, NC....... Winston-Salem $273,000
Police Department
Real Time Crime
Center Technology
Upgrades.
Cochise County Sheriff's Office. Public Safety $246,000
Equipment Upgrades.
Concordia Police Department..... Update of the Cloud $310,000
County Public
Safety
Communications
Network.
Coos County..................... Coos County $231,000
Emergency Radio
Communications
System.
County of Northampton........... Eastern Shore of $8,245,000
Virginia's
Regional Public
Safety Radio
Communications
System.
Dona Ana County Sheriff's Office Dona Ana County $350,000
Sheriff's Office
Rapid DNA Program.
Durham Department of Public Durham Radio $900,000
Safety. Communications
Infrastructure
Upgrades.
El Dorado Police Department..... Police Radio $170,000
Technology Update.
Garden City Police Department... Southwest Kansas $500,000
Law Enforcement
Emergency
Communications
Technology Upgrade.
Gary Police Department.......... Technology $500,000
Upgrades--Gary
Police Department.
Graham County Sheriff........... Mobile $35,000
Communications
Technology Update.
Grant County Emergency Grant County Public $606,000
Management. Safety
Communications.
Granville Police Department..... Granville K9 $150,000
Wandering and
Criminal Detection
Program.
Hamilton County Department of Hamilton County P25 $1,600,000
Communications. Radio System
Enhancement.
Harney County Emergency Harney County $1,545,000
Management. Public Safety
Communications
Upgrade.
Hillsdale County Sheriff's Communication $210,000
Office. Technology
Improvement.
Illinois Secretary of State Statewide $575,000
Police. Technology and
Equipment Upgrades.
Johnson County Fiscal Court..... Johnson County $859,000
First Responder
Communications
Project.
Johnson County Sheriff.......... Acquisition of $595,000
License Plate
Recognition and
Camera Technology.
La Plata County Sheriff's Office Southwest Colorado $166,000
Regional Response,
Investigative,
Search, Rescue,
and Recovery
Capabilities
Enhancement.
Lane County Sheriff's Office.... Lane County $648,000
Sheriff's Office
Body-Worn Cameras.
Las Vegas Metropolitan Police Reality-based $3,000,000
Department. Technology
Training Center
Equipment
Procurement.
Loudoun County.................. Body-worn Camera $3,588,000
Expansion
Initiative.
Macon County Board of Macon County $1,400,000
Commissioners. Interoperative
Communication
System for Public
Safety and First
Responders.
Manchester Police Department.... Manchester Gunshot $300,000
Recognition
Technology.
Marion County--Finance Marion County $1,200,000
Department. Public Safety
Radio System
Upgrade and
Repairs.
Merrimack Police Department..... Town of Merrimack $1,472,000
Radio
Infrastructure
Upgrades.
Midcoast Council of Governments. Midcoast Law $900,000
Enforcement
Equipment
Purchasing Program.
Mission Police Department....... Acquisition of $140,000
License Plate
Recognition and
Camera Technology.
Monroe County Community College. Monroe County $350,000
Criminal Justice
De-Escalation
Training Simulator.
Montgomery County Sheriff's Montgomery County $25,000
Office. Sheriff's Office
License Plate
Reader.
Nevada County Sheriff's Nevada County $4,800,000
Department. Sheriff's Office
Radio
Infrastructure
Improvements.
NH Department of Safety-Division Statewide Digital $1,224,000
of State Police. Law Enforcement
Equipment and
Technology
Training.
Norwich Police Department....... Norwich Police $700,000
Department
Computer Aided
Dispatch and
Records Management
System.
Oakland County Sheriff's Oakland County $1,000,000
Department. Sheriff's
Department Body-
Worn Camera
Project.
Oceanside Police Department..... In-Car Camera $587,000
System.
Olathe Police Department........ Acquisition of $170,000
License Plate
Recognition and
Camera Technology.
Oneida Police Department........ Oneida Police $622,000
Department
Security
Enhancement.
Overland Park Police Department. Acquisition of $75,000
License Plate
Recognition and
Camera Technology.
Parsons Police Department....... Acquisition of a $135,000
Use of Force
Simulator.
Pinellas County Government...... Pinellas County $1,750,000
Consolidated
Computer Aided
Dispatch (CAD)
System.
Prairie Village Police Acquisition of $75,000
Department. Training
Technology.
Prince George's County Sheriff's Prince George's $834,000
Office. County Sheriff's
Office Public
Safety Technology
Upgrade.
Prince George's County Mobile Camera $442,000
Government. System.
Riley County Police Department.. Acquisition of a $440,000
Hazardous Evidence
Recovery Vehicle.
Rio Arriba County............... Rio Arriba Law $1,000,000
Enforcement
Vehicles and Court
Equipment Upgrades.
Rose Hill Police Department..... Police Radio $105,000
Technology Update.
San Luis Obispo County.......... County of San Luis $5,600,000
Obispo Public
Safety
Communication
System.
Sandoval County Sheriff's Sandoval County $866,000
Department. Sheriff's
Department Body-
Worn Cameras.
Sandoval County Sheriff's Sandoval Sheriff's $379,000
Department. Mobile Laptop
Computers.
Shepherd University Police Shepherd University $4,000,000
Department. Campus Security
Upgrades.
South Beaver Township Police South Beaver $224,000
Department. Township Police
Department
Communication
System Improvement
Project.
SouthCom Combined Dispatch Public Safety $276,000
Center. Technology
Upgrades.
Southeast Missouri State Programmatic $1,500,000
University. Support and
Expanded Training
for Law
Enforcement
Academy Students.
Springfield Police Department... Springfield Police $100,000
Department
Technology
Enhancements.
Strafford County................ Strafford County $752,000
Radio
Infrastructure
Upgrades.
Town of Fairfield............... Fairfield Emergency $3,499,000
Radio Network
Upgrade.
Town of North Branford.......... North Branford $750,000
Public Safety
Communications
System
Enhancements.
Town of Paradise................ Upgraded Radios for $615,000
Paradise Police
Department.
Town of Saugus.................. Town of Saugus $1,000,000
Public Safety
Communication
Enhancements.
Town of Simsbury................ Simsbury Police $70,000
Department
Technology
Enhancements.
Town of Wilton.................. Town of Wilton $983,000
Public Safety
Communications
System Upgrade.
Union County.................... Union County, New $1,270,000
Jersey, Law
Enforcement
Interoperable
Communications
Expansion and
Upgrades.
Valley Center Police Department. Police Radio $140,000
Technology Update.
Village of East Alton........... East Alton Law $25,000
Enforcement
Cameras.
Washington County............... Body-Worn Camera $377,000
Program.
Waterford Township Police 911 Dispatch- $250,000
Department. Emergency
Operations Center
Technology
Upgrades.
Westmoreland County Department Westmoreland County $528,000
of Public Safety. Department of
Public Safety
Backup 9-1-1.
Whatcom County Government....... Whatcom County $300,000
Public Radio
System Enhancement.
Wichita Police Department....... Acquisition of $1,600,000
License Plate
Recognition and
Camera Technology.
Wicomico County, Maryland....... Wicomico County $116,000
Body-Worn Camera
Project.
Wyandotte County Sheriff........ Acquisition of a $165,000
Use of Force
Simulator.
------------------------------------------------------------------------
General Provision--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media or
equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A--76
competitions for work performed by employees of BOP or Federal
Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 2 percent of grant and
reimbursement program funds made available to the OJP to be
used for training and technical assistance and permits up to 2
percent of grant funds made available to that office to be used
for criminal justice research, evaluation and statistics by the
National Institute of Justice and the Bureau of Justice
Statistics.
Section 213 provides cost-share waivers for certain DOJ
grant programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
Section 218 establishes reporting requirements for certain
Department of Justice Funds.
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $6,652,000 for the Office of Science
and Technology Policy (OSTP).
Climate Change Adaptation.--The agreement adopts House
language on Climate Change Adaptation and directs OSTP to
undertake this work from within available funds.
Emerging Contaminants.--OSTP submitted the ``Update to the
Plan for Addressing Critical Research Gaps Related to Emerging
Contaminants in Drinking Water'' in January 2022, which
includes an updated cross-agency Federal research strategy for
addressing critical research gaps related to detecting and
assessing exposure to emerging contaminants in drinking water
through the National Emerging Contaminant Research Initiative.
No later than 180 days after the enactment of this Act, OSTP
shall update the Committees on program, policy, or budgetary
resources included in the fiscal year 2023 budget request, by
agency, to support the implementation of the Federal research
strategy, as well as anticipated needs for fiscal year 2024. As
part of this update, OSTP is directed to include the status of
the National Emerging Contaminant Research Initiative.
Sustainable Chemistry.--OSTP is encouraged to support the
timely and full implementation of subtitle E of title II of
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116--283), including the
establishment of an interagency working group led by OSTP to
coordinate Federal programs and activities in support of
sustainable chemistry.
Solar Geoengineering.--OSTP is directed to develop an
interagency working group, in coordination with NOAA, NASA,
DOE, and other relevant agencies, to manage near-term climate
hazard risk and coordinate research in climate intervention. In
parallel, the interagency working group should also establish a
research governance framework to provide guidance on
transparency, engagement, and risk management for publicly
funded work in solar geoengineering research.
Industries of the Future.--No later than 30 days after
enactment of this Act, OSTP shall provide the Committees the
report required in the Industries of the Future Act of 2020
(Public Law 116-283) that includes an assessment and
recommendation related to the Federal Government's investments
in research and development in critical areas, such as
artificial intelligence, quantum computing, advanced
manufacturing, and biotechnology.
National Space Council
The agreement includes $1,965,000 for the activities of the
National Space Council.
Quarterly Briefings.--The National Space Council is
directed to continue quarterly briefings as described in the
explanatory statement accompanying Division B of Public Law
116-260.
National Aeronautics and Space Administration
The agreement includes $24,041,300,000 for the National
Aeronautics and Space Administration (NASA). NASA shall
continue to follow directives contained in the explanatory
statement accompanying Division B of Public Law 116-260 under
the headings ``Quarterly Launch Schedule'' and ``Oversight and
Accountability.''
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science........................................ $2,064,700
Planetary Science.................................... 3,120,400
Astrophysics......................................... 1,393,500
James Webb Space Telescope........................... 175,400
Heliophysics......................................... 777,900
Biological and Physical Science...................... 82,500
----------------
Total, Science..................................... 7,614,400
================
Aeronautics........................................ 880,700
================
Space Technology....................................... 1,100,000
================
Exploration:
Orion Multi-purpose Crew Vehicle..................... 1,406,700
Space Launch System (SLS) Vehicle Deployment......... 2,600,000
Exploration Ground Systems........................... 590,000
Exploration Research and Development................. 2,195,000
----------------
Total, Exploration................................. 6,791,700
================
Space Operations....................................... 4,041,300
================
Science, Technology, Engineering, and Mathematics 137,000
(STEM)................................................
================
Safety, Security and Mission Services.................. 3,020,600
================
Construction and Environmental Compliance and 410,300
Restoration...........................................
================
Office of Inspector General............................ 45,300
================
Total, NASA........................................ $24,041,300
------------------------------------------------------------------------
SCIENCE
The agreement includes $7,614,400,000 for Science and
directs NASA to provide funding as described in the table above
and text below. NASA shall continue its progress toward
implementing the recommendations within the Earth Science,
Heliophysics, Planetary Science, Astrophysics, and Biological
and Physical Sciences decadal surveys. The Science Mission
Directorate's efforts to promote diversity and inclusion among
principal investigators (PIs) are noted and appreciated.
Earth Science.--In lieu of the funds designated in the
House report for Earth Science, the agreement provides up to
the request level for Earth Science Research and Analysis;
Decadal Survey and Future Missions; Plankton, Aerosol, Cloud,
ocean Ecosystem (PACE); Carbon Monitoring System; Earth Venture
Class Missions; NASA-ISRO Synthetic Aperture Radar; and the
Geostationary Carbon Cycle Observatory (GeoCARB). NASA is
directed to provide no less than the request level for the
Climate Absolute Radiance and Refractivity Observatory
Pathfinder (CLARREO) and the Geosynchronous Littoral Imaging
and Monitoring Radiometer (GLIMR).
University Small Satellite Missions.--Of the funds provided
for Science, NASA is directed to allocate not less than
$30,000,000 for university small satellite missions.
Commercial Launch Industry.--The agreement affirms House
report language regarding the use of small satellite missions
and directs NASA to ensure its merit review processes encourage
PIs to use these services where appropriate.
Robotically Assembled Earth Science Platform.--NASA is
encouraged to support, in partnership with industry, the
development and deployment of capabilities using NASA-supported
robotic assembly and on-orbit structure manufacturing
technologies to enable operation of multiple modular Earth
remote sensing instruments.
Lunar Discovery.--The agreement includes up to $497,300,000
for Lunar Discovery and Exploration, including up to the
request level for Commercial Lunar Payload Services (CLPS), not
less than $22,100,000 for the Lunar Reconnaissance Orbiter, and
not less than $107,200,000 for the Volatiles Investigating
Polar Exploration Rover (VIPER).
Venus Technology.--In lieu of the House language, the
agreement provides up to the request level for Venus
Technology.
Dragonfly.--In lieu of the House language on New Frontiers,
the agreement provides $201,100,000 for Dragonfly.
Mars Sample Return.--In lieu of the House language on Mars
Sample Return, the agreement provides no less than the request
level and strongly supports NASA's highest priority planetary
mission.
Small Innovative Missions for Planetary Exploration
(SIMPLEx).--The agreement affirms House report language
regarding SIMPLEx and urges NASA to consider developing plans
to increase SIMPLEx solicitations to further accelerate and
enhance overall planetary science mission objectives.
Icy Satellites Surface Technology.--The agreement directs
that not less than $14,200,000 shall be for Icy Satellites
Surface Technology. NASA may use current and prior-year
resources to meet this funding level.
Roman Telescope.--The agreement includes $501,600,000 for
the Nancy Grace Roman Space Telescope. NASA is expected to use
a firm $3,500,000,000 development cost cap in its future
execution of the mission.
Science Mission Directorate (SMD) Education.--The agreement
provides no less than $50,600,000 for education and outreach
efforts. The agreement further supports the recommendation that
the Astrophysics program continue to administer this SMD-wide
education funding. The agreement encourages SMD-funded
investigators to be directly involved in outreach and education
efforts and support citizen science. NASA should continue to
prioritize funding for ongoing education efforts linked
directly to its science missions.
Astrophysics Decadal Survey.--The Astrophysics decadal
survey, Pathways to Discovery in Astronomy and Astrophysics for
the 2020s (Astro2020), was issued in November 2021. It
recommended the establishment of a technology development
program to mature science and technologies needed for the
recommended missions beginning with those needed for a large
telescope to observe habitable exoplanets. Congress has
previously supported such efforts through Search for Life
Technologies. As part of its preparations for implementing the
Astro2020 recommendations, NASA is expected to include
appropriate funding for technology maturation in its fiscal
year 2023 budget request to ensure continued Astrophysics
mission success.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
The agreement notes all recommendations of Astro2020. The
agreement includes $85,200,000 from within current and prior
year resources to continue SOFIA operations in fiscal year
2022.
James Webb Space Telescope (JWST).--The agreement includes
$175,400,000 for the JWST.
Heliophysics Technology.--The agreement provides up to the
request level for Heliophysics Technology.
Solar Terrestrial Probes.--The agreement provides up to the
request level for Solar Terrestrial Probes, including no less
than the fiscal year 2021 level from within current and prior
year resources to continue Magnetospheric Multiscale mission
operations in fiscal year 2022.
Heliophysics Explorers.--The agreement provides
$189,200,000 for Heliophysics Explorers.
Heliophysics Research Range.--The agreement provides the
requested level for Research Range.
Space Weather.--The agreement provides no less than
$25,000,000 for Space Weather Science and Applications (SWSA),
including no less than $1,000,000 to initiate the
implementation of a center-based mechanism to support
multidisciplinary space weather research, advance new
capabilities, and foster collaboration among university,
government, and industry participants aimed at improving
research-to-operations and operations-to-research. The SWSA
program should focus on research and technology that enables
other agencies to improve operational space weather forecasts
and assets, including ground-based assets such as the Daniel K.
Inouye Solar Telescope.
Biological and Physical Science.--The agreement includes
$82,500,000 for Biological and Physical Science.
AERONAUTICS
The agreement includes $880,700,000 for Aeronautics,
including up to $311,700,000 for the Integrated Aviation
Systems Program.
Hypersonics Technology.--The agreement includes not less
than $50,000,000 for Hypersonics Technology, of which
$15,000,000 shall be prioritized for collaborative work between
academia and industry, including for carbon/carbon material
testing and characterization as well as reusable vehicle
technologies and hypersonic propulsion systems.
High-Rate Composite Aircraft Manufacturing (HiCAM).--The
agreement provides no less than $32,000,000 to enable HiCAM to
select large-scale ground tests of both fuselage and wing to
accelerate industry's development of this critical technology
to help ensure the global competitiveness of the U.S. aerospace
industry. NASA is encouraged to leverage existing academic and
industry expertise to help demonstrate efficient design,
development, and certification requirements associated with
this program and to utilize no less than 75 percent of these
funds to support public-private partnerships with at least a 50
percent government cost share.
Advanced Materials Research.--The agreement provides up to
$7,000,000 above the request to advance university-led
aeronautics materials research. NASA is encouraged to partner
with academic institutions that have strong capabilities in
aviation, aerospace structures, and materials testing and
evaluation.
Low-Boom Flight Demonstrator (LBFD) Over Land Supersonic
Testing.--NASA has identified a comprehensive set of
atmospheric environments that its low sonic boom aircraft will
encounter in flights over land in anticipation of initial test
flights of the LBFD experimental aircraft beginning in 2022.
NASA is directed to include established non-military supersonic
test corridors for the LBFD flight tests.
Unmanned Traffic Management (UTM).--NASA is encouraged to
continue work with the FAA and other Federal agencies, States,
counties, cities, and Tribal jurisdictions on research toward
the development of a UTM system, technologies, and applications
for enhanced UTM air domain awareness.
Aviation Supply Chain.--The agreement directs NASA to
assess the existing aviation supply chain from materials
suppliers to structures manufacturing, including modeling
existing and potential future supply chain gaps. In conducting
the assessment, NASA should consult with industry and other
relevant Federal agencies to identify future technology and
research needs impacted by supply chain disruptions.
SPACE TECHNOLOGY
The agreement includes $1,100,000,000 for Space Technology
and reaffirms support for the independence of the mission
directorate. In lieu of the House language, the agreement
provides up to the request level for On-Orbit Servicing,
Assembly, and Manufacturing-2 (OSAM-2), Fission Surface Power,
Solar Electric Propulsion, and the Lunar Surface Innovation
Initiative. The agreement also encourages NASA to support
active debris removal technology development.
Regional Economic Development Initiative.--The agreement
provides up to $8,000,000 for the Regional Economic Development
Initiative.
Restore-L/SPace Infrastructure DExterous Robot (SPIDER).--
The agreement provides $227,000,000 for the Restore-L Project.
NASA should continue to work with private sector and university
partners to facilitate commercialization of the technologies
developed within the program. NASA is directed to submit with
its fiscal year 2023 budget request a report on current efforts
underway to encourage commercialization of technology within
the Restore-L program, with a focus on how intellectual
property will be handled. The agreement also directs NASA to
keep the program on track for launch no later than 2025 and
encourages NASA to make Restore-L's capabilities available to
other government agencies.
Nuclear Thermal Propulsion.--The agreement provides not
less than $110,000,000 for the development of nuclear thermal
propulsion, of which not less than $80,000,000 shall be for the
design of test articles that will enable a flight
demonstration. Within 180 days of enactment of this Act, NASA,
in conjunction with other relevant Federal departments and
agencies, shall submit a multi-year plan that enables
technology development leading to an in-space propulsion-system
demonstration and describes future missions and propulsion and
power systems enabled by this capability.
Flight Opportunities Program.--The agreement includes no
less than $27,000,000 for the Flight Opportunities Program,
including $5,000,000 to support payload development and flight
of K-12 and collegiate educational payloads. NASA shall
continue to follow directives contained in the explanatory
statement accompanying Division B of Public Law 116-260 under
the heading ``Flight Opportunities Program.''
Innovative Nanomaterials.--The agreement provides up to
$5,000,000 to advance large scale production and use of
innovative nanomaterials, including carbon nanotubes and
carbon/carbon composites.
Nuclear Electric Propulsion (NEP).--In lieu of the House
language on Nuclear Electric Propulsion, the agreement directs
NASA to identify areas of alignment between NEP research and
Fission Surface Power research. The agreement also maintains
the House direction regarding a response to the National
Academies of Science study on nuclear propulsion and a report
on a multi-year plan for an in-space propulsion-system
demonstration for NEP.
Moon-to-Mars.--To support Moon-to-Mars specific
technologies, crosscutting applications for the commercial
space economy, as well as the scientific and robotic
exploration of planetary bodies and other destinations, the
agreement directs NASA, within available resources, to support
investments in demonstration efforts to allow for competitive
public-private partnership opportunities focused on high-level,
NASA-defined objectives. The agreement directs NASA to provide
a report within 180 days of enactment of this Act on existing
Tipping Point projects and planned Announcement of
Collaborative Opportunities solicitations.
On-surface Manufacturing Capabilities.--The agreement
provides no less than the fiscal year 2021 enacted level for
On-Surface Manufacturing and directs NASA, through partnerships
with universities, to leverage efforts that complement ongoing
work on the development of advanced materials with a focus on
point-of-need and in-place generated materials, energy capture
and power storage, recycling, commercialization, and workforce
development.
Small Business Innovation Research (SBIR).--NASA shall
continue to fulfill statutory obligations for SBIR funding and
place an increased focus on awarding SBIR awards to firms with
fewer than 50 employees.
EXPLORATION
The agreement includes $6,791,700,000 for Exploration.
Orion Multi-Purpose Crew Vehicle.--The agreement includes
$1,406,700,000 for the Orion Multi-Purpose Crew Vehicle.
Space Launch System (SLS).--The agreement provides
$2,600,000,000 for SLS, of which $600,000,000 is for concurrent
SLS Block 1B Development, including Exploration Upper Stage
development and associated stage adapter work. The agreement
reaffirms House report language regarding SLS and Block 1B
Development, is supportive of fully developing the capabilities
of SLS, and directs NASA to continue the simultaneous
development of activities as authorized under sections
302(c)(l)(a) and (b) of Public Law 111-267. Further, as NASA
continues to refine its strategy for a sustainable presence and
exploration of the lunar surface, the agreement encourages NASA
to continue its exploration of a cargo variant of SLS for use
in the Artemis program and for other purposes.
Exploration Ground Systems (EGS).--In lieu of the House
language on EGS, the agreement provides not less than
$590,000,000 for EGS, including up to $165,300,000 for the
Mobile Launch Platform-2 (MLP-2). The extraordinary projected
cost increase for MLP-2 is concerning. However, it is
understood that the MLP-2's emergent cost needs may put a
strain on EGS activities, and thus the agreement provides NASA
with one-time additional flexibility regarding transfer
authority into EGS.
Exploration Research and Development.--In lieu of House
funding for Exploration Research and Development, the agreement
includes $2,195,000,000, of which not less than $1,195,000,000
is for the Human Landing System.
Human Landing System (HLS).--The agreement provides not
less than $1,195,000,000 for HLS, including no less than the
requested amount for the Lunar Lander office. With these funds,
in addition to enabling a human landing during the Artemis III
mission, NASA is expected to make real investments in
development that promote competition for the sustainable lander
phase rather than additional studies. The agreement urges NASA
to enable a routine cadence of human transportation services to
and from the Moon with multiple providers, as practicable.
Within 30 days of enactment of this Act, NASA is directed to
deliver a publicly available plan explaining how it will ensure
safety, redundancy, sustainability, and competition in the HLS
program within the resources provided by this Act and included
in the fiscal year 2023 budget request. NASA shall also provide
to the Committees a description of all resources needed in
fiscal years 2023 through 2026 to accomplish these goals.
Artemis Element Transition.--NASA has requested authority
to begin transitioning production and operations contracts from
Exploration to Space Operations. However, a formal budget
request that outlines the planned transition of Artemis
elements from Exploration to Operations is needed before making
any change in the accounts that fund ongoing programs,
especially as the Artemis program has yet to see the system's
integrated first flight. The agreement therefore does not
include language allowing a portion of Orion funding to be
transferred to Space Operations in fiscal year 2022, though
NASA is not precluded from including operational funding in the
appropriate account in its fiscal year 2023 budget request.
Such request should delineate any requested transition, along
with a plan to ensure integrated reporting and a continued
focus on safety as the agency prepares for crewed launches and
eventually a human Moon landing. As Artemis program elements
move from development to operations it is important that costs
be reduced in order to free up funds to develop additional
capabilities for lunar and Mars exploration.
Priority of Use Missions.--NASA is directed to continue
reporting to the Committees any activities that cause NASA to
invoke its ``Priority of Use'' clause, including identifying
the conflicting activities between NASA and non-Federal
activities, and how the conflict was resolved, 15 days prior to
any activity taking place. NASA shall ensure that any non-
Federal activities do not interfere with the progress of, and
schedule for, the Artemis missions.
Streamlining Exploration.--As SLS, Orion, EGS, and other
elements of the Artemis architecture transition from
development to production and operations, the long-term cost
effectiveness of Artemis will depend on NASA appropriately
aligning its own workforce during this transition to drive
affordability and eliminate work products that are not
required.
Artemis Multi-year Plan.--The agreement directs NASA not to
obligate in excess of 40 percent of the amounts made available
in this Act for the Gateway; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; Human Landing System;
and Lunar Discovery and Exploration, excluding the Lunar
Reconnaissance Orbiter, until the Administrator submits a
multi-year plan to the Committees that identifies estimated
dates, by fiscal year, for Space Launch System flights to build
the Gateway; the commencement of partnerships with commercial
entities for additional LEO missions to land humans and rovers
on the Moon; and conducting additional scientific activities on
the Moon. The multi-year plan shall include key milestones to
be met by fiscal year to achieve goals for each of the lunar
programs described in the previous sentence and funding
required by fiscal year to achieve such milestones, as well as
funding provided in fiscal year 2022 and previous years.
SPACE OPERATIONS
The agreement provides $4,041,300,000 for Space Operations.
Human Research Program.--As requested by NASA, the
agreement moves the Human Research Program to the Space
Operations Mission Directorate.
21st Century Launch Complex Program.--In lieu of House
language on the 21st Century Launch Complex Program, within the
amounts provided for Space Operations, the agreement includes
up to the fiscal year 2021 levels for the 21st Century Launch
Complex Program. The agreement urges NASA to continue to
consider the full potential of all NASA-owned launch complexes
in awarding funds made available through this program.
Space Communications.--While commercial service providers
have the potential to meet some NASA needs, the agency will
need to plan and budget for the replacement of essential
services if commercial services are unable to meet NASA's
needed capabilities when Tracking and Data Relay Satellites
reach the end of their service lives. In addition to the
direction in the House report, NASA shall provide a timeline
for sustainment of the existing Deep Space Network and
infrastructure upgrades, including those identified in the
``Road to Green'' study, in the fiscal year 2023 budget request
and brief the Committees on these plans within 30 days after
the date of the submission of the fiscal year 2023 budget
request. The agreement also supports up to the full request for
the Communications Services Program.
Commercial LEO Development.--The agreement provides up to
$101,100,000 for LEO commercialization to grow promising
research across all scientific disciplines and industries. NASA
shall continue to follow directives contained in the
explanatory statement accompanying Division B of Public Law
116-260 under the heading ``Commercial LEO Development.''
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $137,000,000 for Science,
Technology, Engineering, and Mathematics Engagement.
Space Grant Program.--The agreement includes $54,500,000
for the Space Grant Program; directs that these amounts be
allocated to State consortia for competitively awarded grants
in support of local, regional, and national STEM needs; and
directs that all 52 participating jurisdictions be supported at
no less than $860,000 each.
Established Program to Stimulate Competitive Research
(EPSCoR).--The agreement includes $26,000,000 for EPSCoR.
Minority University Research and Education Project
(MUREP).--The agreement includes $43,000,000 for MUREP and
continues direction contained in the explanatory statement
accompanying Division B of Public Law 116-260.
STEM Education and Accountability Projects (SEAP).--The
agreement includes $13,500,000 for SEAP. The agreement also
reflects strong support for the Competitive Program for
Science, Museums, Planetariums, and NASA Visitors Centers known
as ``Teams Engaging Affiliate Museums and Informal Institutions
program (TEAM II).''
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $3,020,600,000 for Safety, Security
and Mission Services.
Information Technology.--The agreement provides up to
$612,200,000 for information technology.
Accounting System.--The agreement maintains the prohibition
described in the explanatory statement accompanying Division B
of Public Law 116-260 with regard to NASA's accounting system.
Community Projects/Special Projects.--Within the
appropriation for Safety, Security and Mission Services, the
agreement provides funds for the following projects:
NASA COMMUNITY PROJECTS/NASA SPECIAL PROJECTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Atchison Amelia Earhart Development of New $1,000,000
Foundation. Programs at the Amelia
Earhart Hangar Museum
and Memorial.
Bowie State University......... Hydroponics Research $1,000,000
Laboratory Initiative.
Boys & Girls Club of Hawai'i... STEM Education $80,000
Initiative Expansion.
Educate Maine.................. Satellite Chipset $400,000
Computer Science
Learning Module.
Lincoln University............. Food for Human $160,000
Spaceflight
Sustainability.
Louisiana State University, Aerospace Systems and $5,000,000
National Center for Advanced Technology Development.
Manufacturing.
McAuliffe-Shepard Discovery McAuliffe-Shepard $348,000
Center. Discovery Center
Planetarium
Enhancements.
Montgomery County Community STEM Learning Center $70,000
College. Installation.
Norwich University............. NASA Research and $250,000
Technology Development
for Cyber Architecture.
Ohio Aerospace Institute....... Research Center $1,500,000
Partnership Initiative.
Oklahoma State University...... 6G Innovations......... $1,000,000
Oklahoma State University...... Rapid Assured Fully $1,200,000
Transparent Integrated
Circuit Platform
Project.
Rancho Cucamonga Public Library Second Story and Beyond $1,000,000
Project.
Rush University Medical Center. REACH for Information $696,000
Technology Training.
Springfield Museums Corporation Springfield Science $750,000
Museum Upgrades.
University of Connecticut...... University of $2,000,000
Connecticut Ecological
Modeling Institute.
University of Delaware/Delaware The Delaware Space $900,000
State University. Observation Center
Enhancement.
University of Hawai'i.......... 'Imiloa Astronomy $1,000,000
Center Expansion and
Upgrades.
University of New Hampshire.... University of New $501,000
Hampshire Magnetometer
Research and Education
Facility.
West Virginia University....... Spacecraft Development $800,000
Facility.
Wheeling University Challenger Update Technology at $3,000,000
Learning Center. the Challenger
Learning Center and
Support Seasonal
Educational
Programming.
------------------------------------------------------------------------
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $410,300,000 for Construction and
Environmental Compliance and Restoration (CECR). The agreement
also includes the request for Construction of Facilities for
Science, Exploration, and Space Operations.
Unmet Construction Needs.--The gulf between the amount NASA
requested for construction activities and the cost of the
projects NASA has identified as shovel-ready and needed
continues to be vast and disappointing. NASA is directed to
brief the Committees within 180 days of the date of enactment
of this Act on implementation of the recommendations in the
September 2021 Inspector General's report, ``NASA Construction
of Facilities.'' NASA is further directed to include, in
priority order, no fewer than the top 10 construction projects
that are needed but unfunded in its fiscal year 2023 budget
request, along with any unmet repairs that result from damage
from wildfires, hurricanes, or other natural disasters.
OFFICE OF INSPECTOR GENERAL
The agreement includes $45,300,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
NASA is directed to provide any notification under section
20144(h)(4) of title 52, United States Code, to the Committees.
The agreement permits various transfers of funds.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year CECR
appropriation may be applied to CECR projects funded under
previous years' appropriation acts. Use of current-year funds
under this provision shall be treated as a reprogramming of
funds under section 505 of this Act and such funds shall not be
available for obligation except in compliance with the
procedures set forth in that section.
The agreement also includes a provision providing NASA the
authority to combine amounts from one or more of its Science,
Aeronautics, Space Technology, Exploration, and Space
Operations appropriations with amounts from the STEM Engagement
appropriation to jointly fund discrete projects or activities,
through contracts, grants, or cooperative agreements, that
serve these purposes. NASA is directed to provide notification
of the Agency's intent to award a contract, grant, or
cooperative agreement that would be jointly funded under this
authority, no less than 15 days prior to award.
National Science Foundation
The agreement includes $8,838,000,000 for the National
Science Foundation (NSF). The agreement does not adopt the
amounts provided in the prefatory matter of the House report
and instead provides further direction regarding program levels
cited within the appropriate NSF Divisions including Research
and Related Activities, Major Research Equipment and Facilities
Construction, Education and Human Resources, Agency Operations
and Award Management, National Science Board, and Office of
Inspector General.
Broadening Participation.--The agreement includes increases
that are aimed to support Broadening Participation in STEM
programs. Global leadership requires diverse ideas and NSF is
encouraged to ensure the Foundation partners with communities
with significant populations of underrepresented groups within
STEM research and education as well as the STEM workforce.
Graduate Research Fellowship Program (GRFP).--In lieu of
House language regarding the consolidation of GRFP, the bill
includes language allowing the transfer of up to $148,000,000
from Research and Related Activities to Education and Human
Resources to permit NSF to consolidate the GRFP. The agreement
also provides $148,000,000 for GRFP within Education and Human
Resources.
RESEARCH AND RELATED ACTIVITIES
The agreement includes $7,159,400,000 for Research and
Related Activities (R&RA).
Technology, Innovation, and Partnerships.--The agreement
supports the new Directorate for Technology, Innovation, and
Partnerships (TIP) within R&RA that builds upon and
consolidates existing NSF programs. TIP serves as a cross-
cutting platform to advance science and engineering research
leading to breakthrough technologies, to find solutions to
national and societal challenges, to strengthen U.S. global
competitiveness, and to provide training opportunities for the
development of a diverse STEM workforce. NSF is encouraged to
remember when funding projects within TIP that good ideas and
high-quality research are not bound to certain geographical
areas but exist across the country.
Climate Science and Sustainability Research.--The agreement
provides no less than $900,000,000 for climate science and
sustainability research through the U.S. Global Change Research
Program and Clean Energy Technology.
Artificial Intelligence (AI).--The agreement provides no
less than $636,000,000 for AI research. NSF is encouraged to
increase the pipeline of students graduating with AI and data
literacy through partnerships and cooperative agreements. In
addition, the agreement reiterates House language to encourage
NSF to continue its efforts in workforce development for AI and
other emerging technologies, with focused outreach to community
colleges, Historically Black Colleges and Universities,
Hispanic Serving Institutions, Tribal Colleges and
Universities, and other Minority Serving Institutions.
Quantum Information Science.--The agreement includes
$220,000,000 for quantum information science research,
including $170,000,000 for activities authorized under section
301 of the National Quantum Initiative Act (Public Law 115-368)
and $50,000,000 for National Quantum Information Science
Research Centers, as authorized in section 302 of Public Law
115-368.
Historically Black Colleges and Universities Excellence in
Research (HBCU-EiR).--The agreement provides no less than
$22,000,000 for the HBCU-EiR program.
Infrastructure Investments.--With NSF's 10 Big Ideas as a
focusing tool, the funding for the fundamental scientific
disciplines should be maintained. Unless otherwise noted,
within amounts provided, NSF is directed to allocate no less
than the fiscal year 2021 enacted levels to maintain its core
research levels, including support for existing scientific
research laboratories, observational networks, and other
research infrastructure assets, such as the astronomy assets,
the current academic research fleet, federally-funded research
and development centers, and the national high performance
computing centers.
Scientific Facilities and Instrumentation.--The agreement
supports the continuation of operations at the Daniel K. Inouye
Solar Telescope (DKI-ST), the Gemini Observatory, the Very Long
Baseline Array (VLBA) receivers, and the Center for High Energy
X-Ray Science (CHEXS), and provides no less than the fiscal
year 2021 enacted funding levels for these facilities.
Green Bank Observatory (GBO).--The agreement supports NSF's
effort to develop multi-agency plans at GBO and provides no
less than the requested level to support operations and
maintenance at GBO through multi-agency plans, or directly
through the Foundation.
Established Program to Stimulate Competitive Research
(EPSCoR).--The agreement provides no less than $215,000,000 for
the EPSCoR States Program. Within the amount provided, no more
than 5 percent shall be used for administration and other
overhead costs. EPSCoR is designed to spur innovation and
strengthen the research capabilities of institutions that are
historically underserved by Federal research and development
funding.
Geography of Innovation.--NSF is encouraged to review its
large funding initiatives and center mechanisms to assess what
tools need to be put in place to ensure emerging research
institutions, institutions in EPSCoR States, and Minority
Serving Institutions are not only participants, but leading
these large NSF investments, in line with NSF's commitment to a
``Geography of Innovation.'' NSF is directed to report to the
Committees within 45 days of enactment of this Act on how the
Foundation will assist these institutions to lead large funding
initiatives and centers, including: Science and Technology
Centers, Engineering Research Centers, Mid-Scale Research
Infrastructure awards, Artificial Intelligence Centers, and
other recurring or new center-level opportunities.
Innovation Corps.--The agreement provides no less than
$40,000,000 for the Innovation Corps program to build on the
successes of its innovative public-private partnership model.
NSF is encouraged to facilitate greater participation in the
program from academic institutions in States that have not
previously received awards.
Regional Innovation Accelerators (RIA).--The agreement
supports the creation of the RIA program, and NSF is encouraged
to award at least one RIA in fiscal year 2022. RIAs will be
transformative for many communities across the country,
especially for communities within EPSCoR States.
Mid-scale Research Infrastructure.--The agreement provides
no less than the fiscal year 2021 enacted level for the mid-
scale research instrumentation program. NSF is encouraged to
make no fewer than two mid-scale awards to EPSCoR States.
Harmful Algal Blooms.--The agreement includes no less than
the fiscal year 2021 level for harmful algal bloom research
activities as described in the House report.
Domestic Manufacturing.--In lieu of House report language
regarding Industrial Innovation and Partnerships, NSF is
encouraged to continue to support meritorious research on the
U.S. steel industry, including through TIP programs.
International Ocean Discovery Program.--The agreement
provides $48,000,000 for the International Ocean Discovery
Program, equal to the fiscal year 2021 enacted level.
Cybersecurity Workforce.--NSF is encouraged to undertake a
study to identify, compile, and analyze existing nationwide
data and conduct survey research as necessary to better
understand the national cyber workforce to build on to the NAS
report titled, ``Information Technology and the U.S.
Workforce.''
Online Influence.--NSF is encouraged to consider additional
research efforts that will help counter influence from foreign
adversaries on the Internet and social media platforms designed
to influence U.S. perspectives, sow discord during times of
pandemic and other emergencies, and undermine confidence in
U.S. elections and institutions. To the extent practicable, NSF
should foster collaboration among scientists from disparate
scientific fields and engage other Federal agencies and NAS to
help identify areas of research that will provide insight that
can mitigate adversarial online influence, including by helping
the public become more resilient to undue influence.
Astronomy.--The agreement recognizes the recent release by
the National Academies of Sciences, Engineering, and Medicine
(NAS) of the 2020 Decadal Survey in Astronomy and Astrophysics,
``Pathways to Discovery in Astronomy and Astrophysics for the
2020s.'' The agreement notes that NSF is currently assessing
how to best implement the recommendations included in the 2020
Decadal Survey. NSF is expected to include the appropriate
levels of support for recommended current and future world-
class scientific research facilities and instrumentation in
subsequent budget requests. NSF is also expected to support a
balanced portfolio of astronomy research grants by scientists
and students engaged in ground-breaking research.
Navigating the New Arctic.--As NSF continues the Navigating
the New Arctic program, the Foundation is encouraged to
formulate research programs leveraging expertise from regions
accustomed to adapting to changing marine ecosystems. NSF is
encouraged to address Arctic change through dedicated research
grants and coordination activities, expanded observation
networks and other research infrastructure, and workforce
training.
Sustainable Chemistry Research.--The agreement provides up
to $2,500,000 to establish the Sustainable Chemistry Basic
Research program authorized under section 509 of the America
COMPETES Reauthorization Act of 2010 (Public Law 111-358). In
lieu of House report language, NSF shall report to the
Committees within 90 days after the enactment of this Act on
its implementation plan for this program. Additionally, NSF is
encouraged to coordinate with OSTP to implement provisions in
subtitle E of title II of Public Law 116-283.
Spectrum Innovation Initiative.--The agreement supports
continued investment in the Spectrum Innovation Initiative.
Understanding Rules of Life.--The agreement supports NSF's
focus on the Understanding Rules of Life research, including in
plant genomics, and directs NSF to continue to advance the
ongoing plant genomics research program, to further its work in
crop-based genomics research, and to maintain a focus on
research related to crops of economic importance.
Verification of the Origins of Rotation in Tornadoes
Experiment-Southeast (VORTEX-SE).--NSF is encouraged to
continue its cooperation with NOAA for the VORTEX-SE field
campaign in the southeastern United States. NSF should look
beyond its traditional research disciplines to develop
programs, identify co-funding opportunities, and utilize
collaborative research to better understand the fundamental
natural processes of tornadoes and to improve models of these
seasonal extreme events.
Intense, Ultrafast Lasers.--NSF is encouraged to continue
planning and making the early stage investments needed to
advance ultrafast and high power laser technologies to maintain
U.S. leadership and implement the recommendations from the
Brightest Light Initiative Workshop report in 2019 and
associated NAS study.
Re-Engineering Plastic Textiles.--NSF is encouraged to take
a comprehensive and coordinated approach to support research in
plastics, microplastics, and microfibers to address the
significant challenges on the aquatic environment, to human
health, and in the transport and migration of materials, waste
management, and development of alternative materials.
Deepfakes.--NSF is directed to implement the requirements
included within the Identifying Outputs of Generative
Adversarial Networks Act (Public Law 116-258).
Disaster Research.--The agreement supports research that
enhances understanding of the fundamental processes underlying
natural hazards and extreme events. NSF is encouraged to fund
grants for meritorious research in fulfilment of the National
Landslide Preparedness Act (Public Law 116-323).
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement provides $249,000,000 for Major Research
Equipment and Facilities Construction (MREFC), including the
requested levels for the continued construction of the Vera C.
Rubin Observatory (previously known as the Large Synoptic
Survey Telescope), the Antarctic Infrastructure
Recapitalization (previously known as the Antarctic
Infrastructure Modernization for Science), Regional Class
Research Vessels, and the High Luminosity-Large Hadron Collider
Upgrade. The Government Accountability Office is directed to
continue its annual reviews and semiannual updates of programs
funded within MREFC and shall report to Congress on the status
of large-scale NSF projects and activities based on its review
of this information.
Mid-scale Research Infrastructure.--The agreement includes
$76,250,000 for Mid-scale Research Infrastructure. NSF is
encouraged to award at least one Mid-scale Research
Infrastructure project led by an institution in an EPSCoR
State.
Infrastructure Planning.--There is concern about the impact
of current construction delays on NSF's planning for the
construction and development of the next generation of
competitive large-scale facilities to support NSF-funded
science disciplines. As part of the planning process, NSF and
the National Science Board are encouraged to develop a
comprehensive and prioritized list of the next generation
large-scale facilities requested by NSF-supported science
disciplines to ensure that the United States maintains its
scientific leadership.
EDUCATION AND HUMAN RESOURCES
The agreement includes $1,006,000,000 for Education and
Human Resources, including no less than: $51,500,000 for Louis
Stokes Alliance for Minority Participation; $75,000,000 for the
Advanced Technological Education program; $90,000,000 for the
Improving Undergraduate STEM Education (IUSE) Program;
$38,000,000 for the Historically Black Colleges and
Universities Undergraduate Program; $17,500,000 for the Tribal
Colleges and Universities Program; $48,500,000 for the IUSE
Hispanic Serving Institutions program; $65,000,000 for
Advancing Informal STEM Learning; $8,500,000 for the Alliance
for Graduate Education and the Professoriate; $25,000,000 for
Centers for Research Excellence in Science and Technology;
$67,000,000 for the Robert Noyce Scholarship Program;
$21,500,000 for the NSF INCLUDES program; and $18,500,000 for
Advancement of Women in Academic Science and Engineering
Careers.
CyberCorps: Scholarships for Service.--The agreement
includes no less than $63,000,000 for the CyberCorps:
Scholarships for Service program, of which up to $6,500,000
should be used to continue work with community colleges that
have been designated as a Center of Academic Excellence in
Information Assurance 2-Year Education (CAE2Y) by the National
Security Agency and the Department of Homeland Security,
including through providing scholarships to students at CAE2Y
institutions who will not transfer into a 4-year program, such
as career-changers who possess 4-year degrees and veterans of
the Armed Forces.
Cybersecurity Research.--In addition to the partnership
efforts called for in the House report under this heading, NSF
is urged to collaborate with National Initiative for
Cybersecurity Education at NIST on efforts to develop
cybersecurity skills in the workforce, especially in support of
nontraditional or technical degree qualifications.
Hands-on and Experiential Learning Opportunities.--
Developing a robust, talented, and diverse homegrown workforce,
particularly in the fields of STEM, is critical to the success
of the U.S. innovation economy. NSF is encouraged to provide
grants to support the development of hands-on learning
opportunities in STEM education, including via afterschool
activities and innovative learning opportunities such as
robotics competitions.
Transformational Education Innovation and Translation.--NSF
is encouraged to collaborate with the Department of Education
on transformational education innovation and translation,
including interventions grounded in scientific understanding to
improve student outcomes and achievement. This may include
instrumenting large-scale digital learning platforms to create
a research infrastructure that drives continuous improvement in
the use of the learning sciences. NSF should consider how to
help address the learning loss associated with the COVID-19
pandemic, foster the benefits of distance learning and consider
the learning needs of under-resourced and underrepresented
students such as those in urban or rural communities.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $400,000,000 for Agency Operations
and Award Management (AOAM).
Full Administration Costs.--In previous years, NSF has
relied on transfer authority to cover the full cost of
conducting its mission to advance basic science through
research. In doing so, the true cost of agency administration
was not readily apparent within each budget request. As the new
TIP Directorate is being established, NSF has requested the
opportunity to completely capture its administrative and
workforce costs into a single location, without reliance on
transfers. In support of this effort, the agreement provides a
significant increase in AOAM funding to enable NSF to reduce
its reliance on transfers during fiscal year 2022. NSF is
encouraged to request sufficient AOAM funding in future budgets
to further reduce its use of transfers for administrative
purposes.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $4,600,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $19,000,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes three administrative provisions. Two
allow limited transfers of funds among accounts, including a
one-time transfer to consolidate the GRFP. One requires
notification for the disposal of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $13,000,000 for the Commission on
Civil Rights, of which $1,000,000 is to be used separately to
fund the Commission on Black Men and Boys. The agreement
reiterates previous instruction for the Commission to provide a
detailed spending plan for the funding provided for the
Commission on Black Men and Boys within 45 days of enactment of
this Act. In addition, the Commission shall include the
Commission on Black Men and Boys as a separate line item in
future fiscal year budget requests.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $420,000,000 for the Equal
Employment Opportunity Commission (EEOC).
Summary of Equal Pay Data and Report.--EEOC is directed to
provide the results of its study analyzing summary pay
information collected through the revised EEO I form for 2017
and 2018 immediately. EEOC is directed to publish a publicly
available report describing the methodology and results of the
analysis, identifying whether any operational needs would be
created by a future pay data collection effort, and describing
steps the agency plans to take to ensure that any pay data is
kept confidential and secure. EEOC is further directed to
submit a report to the Committees setting forth a timeline and
process for analyzing the summary pay information collected
through the revised EEO I form within 120 days of the enactment
of this Act. Any proposed changes to the collection and
analyzing of EEO I data shall be published in the Federal
Register for a public comment period of no less than 30 days.
Charge Reporting.--EEOC is directed to do the following
within 30 days of enactment of this Act: (1) report to the
Committees on the number of A, B, and C charges for each of the
last 5 fiscal years, and (2) post such data on its public
website.
Public Comment on EEOC Guidance.--If requested by at least
two Commissioners, the EEOC shall make any new guidance
available for public comment in the Federal Register for not
less than 30 days prior to taking any potential action on
proposed guidance.
Inventory Backlog Reduction.--EEOC is directed to
prioritize its staffing and resources toward reducing the
number of current and outstanding unresolved private sector
pending charges and public sector hearings.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $110,000,000 for the International
Trade Commission (ITC). Within the funds provided, the
agreement supports an increase towards the ITC's information
technology requirements.
Trade Enforcement Analysis.--ITC is directed to conduct an
investigation and retrospective economic analysis of any
section 232 or 301 tariff that is active as of the date of
enactment of this Act. Within a year of enactment of this Act,
ITC shall provide a report to the Committees with detailed
information, to the extent practicable, on U.S. trade,
production, and prices in the industries directly and most
affected by active tariffs under section 232 of the Trade
Expansion Act of 1962 (19 U.S.C. 1862) and section 301 of the
Trade Act of 1974 (19 U.S.C. 2232).
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $489,000,000 for the Legal Services
Corporation (LSC).
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $4,200,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $71,000,000 for the
Office of the U.S. Trade Representative (USTR).
For fiscal year 2022, USTR is directed to follow prior year
report language, included in Senate Report 116-127 and adopted
in Public Law 116-93, on the following topics: ``Trade and
Agricultural Exports,'' ``Trade Enforcement,'' and ``Travel.''
In addition, USTR is directed to follow prior year report
language regarding ``De Minimis Thresholds'' included in the
explanatory statement accompanying Public Law 116-93, and
``China Trade Deal Costs'' included in the explanatory
statement accompanying Public Law 116-260.
SALARIES AND EXPENSES
The agreement includes $56,000,000 for the salaries and
expenses of USTR.
Section 301 Exclusion Processes.--USTR is reminded of the
longstanding direction that any tariffs imposed on goods from
China under section 301 of the Trade Act of 1974 (Public Law
93-618) shall be accompanied by an exclusion process. USTR is
directed to immediately establish and administer an exclusion
process for U.S. businesses seeking relief from section 301
tariffs that are active as of the date of enactment of this
Act. Further, any tariffs imposed in fiscal year 2022 on goods
from China under section 301 of the Trade Act of 1974 shall
also be accompanied by an exclusion process administered by
USTR. USTR is encouraged to increase transparency and
consistency in its section 301 exclusion process and to make
the process less cumbersome to navigate, especially for small-
and medium-sized businesses.
United States-Canada Softwood Lumber Dispute.--USTR and the
Department of Commerce are encouraged to work toward a
resolution to the U.S.-Canada softwood lumber dispute that
supports U.S. industry, workers, and consumers.
Quad Strategic Partnership.--USTR is encouraged to further
promote and strengthen the economic ties with the Quad
strategic partnership among the United States, India, Japan,
and Australia.
Rare Earth Minerals.--USTR shall report to the Committees,
within 120 days of enactment of this Act, on its work to
address the threat posed by China's control of the global
supply of rare earth minerals, including (1) USTR's plan to
produce a more reliable and secure global supply chain of
critical minerals, and (2) a summary of any engagements with
strategic allies to promote shared investment and development
of rare earth minerals.
Parity for American Exports.--The agreement directs the
USTR to seek parity for American exports, which have been
targeted and unduly harmed by retaliatory tariffs resulting
from ongoing international trade disputes.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $15,000,000, which is to be derived
from the Trade Enforcement Trust Fund, for trade enforcement
activities and transfers authorized by the Trade Facilitation
and Trade Enforcement Act of 2015.
State Justice Institute
SALARIES AND EXPENSES
The agreement includes $7,200,000 for the State Justice
Institute (SJI).
Fines, Fees, and Bail Practices.--SJI is encouraged to
continue prioritizing its investments in fines, fees, and bail
practices so that State courts can continue taking a leadership
role in reviewing these practices.
Emergency Preparedness and Cybersecurity.--SJI is
encouraged to continue its ongoing emergency preparedness and
cybersecurity funding priority, which supports projects that
address innovative approaches to ensuring courts are prepared
to respond to disasters, pandemics, attacks on electronic
systems, and other threats.
State Court Behavioral Health Collaborative.--SJI is
encouraged to document and promote innovative court-based
programs that address substance abuse and mental illness and
develop a sustainable community of practice to share the
programs and practices on a national level.
Disparities in Justice.--SJI is encouraged to continue its
investments to address disparities in justice so that State
courts can ensure equal justice under the law.
Commission on the State of U.S. Olympics and Paralympics
SALARIES AND EXPENSES
The agreement includes $2,000,000 for 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), to perform the
statutory duties of the Commission. The Commission is directed
to provide the report required by Public Law 116-189 no later
than September 30, 2023.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts 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 existing Executive order issued
pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of this Act and the
application of other provisions shall not be affected.
Section 505 prohibits 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 employee; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any existing 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.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract with funds made
available in this Act. The section further provides that to the
extent practicable, with respect to purchases of promotional
items, funds made available under this Act shall be used to
purchase items manufactured, produced, or assembled in the
United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that 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 in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this agreement or any
other appropriations Act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, the
National Science Foundation and the Legal Services Corporation
and sets limits and restrictions on the awarding and use of
grants or contracts funded by amounts appropriated by this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds to include certain
language in trade agreements.
Section 517 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 518 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 519 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal year
2022.
Section 520 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 521 provides for rescissions of unobligated
balances. Subsection (d) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations. The Department of Justice shall ensure that
amounts for Joint Law Enforcement operations are preserved at
no less than the fiscal year 2021 level and that those amounts
and amounts for victim compensation are prioritized.
Section 522 prohibits the use of funds in this Act for the
purchase of first class or premium air travel in contravention
of the Code of Federal Regulations.
Section 523 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees, who
are stationed in the United States, at any single conference
outside the United States, unless the conference is:
(1) a law enforcement training or operational event
where the majority of Federal attendees are law
enforcement personnel stationed outside the United
States; or
(2) a scientific conference for which the department
or agency head has notified the House and Senate
Committees on Appropriations that such attendance is in
the national interest, along with the basis for such
determination.
Section 524 requires any department, agency, or
instrumentality of the United States Government receiving funds
appropriated under this Act to track and report on undisbursed
balances in expired grant accounts.
Section 525 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 526 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or effectuate
the hosting of official Chinese visitors at certain facilities
unless the activities are authorized by subsequent legislation
or NASA, OSTP, or NSC have made a certification pursuant to
subsections (c) and (d) of this section.
Section 527 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 528 requires the departments and agencies funded in
this Act to submit spending plans.
Section 529 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 530 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in contravention
of a certain section of the Agricultural Act of 2014.
Section 531 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation of travel to China.
Section 533 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 534 requires a report regarding construction of a
new headquarters for the FBI.
Section 535 prohibits the use of funds in this Act to
require certain export licenses.
Section 536 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 537 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had been
denied prior to January 1, 2011, on the basis that the shotgun
was not particularly suitable for or readily adaptable to
sporting purposes.
Section 538 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 539 includes language regarding detainees held at
Guantanamo Bay.
Section 540 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Sections 541, 542, and 543 make technical corrections to
the Infrastructure Investment and Jobs Act (Public Law 117-58).
Section 544 provides that the Department of Commerce and
Federal Bureau of Investigation may utilize funding to provide
payments pursuant to section 901(i)(2) of title IX of division
J of the Further Consolidated Appropriations Act, 2020.
Disclosure of Earmarks and Congressionally Directed Spending Items
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION C--DEPARTMENT OF DEFENSE 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''.
[Clerk's note.--Reproduced below is the material relating
to division C contained in the Explanatory Statement regarding
H.R. 2471, the Consolidated Appropriations Act, 2022.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
March 9, 2022 by Ms. DeLauro of Connecticut, Chair of the House
Committee on Appropriations. The Statement appears on page H1866 of
Book III.
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DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2022. The joint explanatory statement accompanying
this division is approved and indicates congressional intent.
Unless otherwise noted, the language set forth in House Report
117-88 carries the same weight as language included in this
joint explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended by
the Balanced Budget and Emergency Deficit Control Reaffirmation
Act of 1987 (Public Law 100-119), and by the Budget Enforcement
Act of 1990 (Public Law 101-508), the terms ``program, project,
and activity'' for appropriations contained in this Act shall
be defined as the most specific level of budget items
identified in the Department of Defense Appropriations Act,
2022, the related classified annexes and explanatory
statements, and the P-1 and R-1 budget justification documents
as subsequently modified by congressional action.
The following exception to the above definition shall
apply: the military personnel and the operation and maintenance
accounts, for which the term ``program, project, and activity''
is defined as the appropriations accounts contained in the
Department of Defense Appropriations Act.
At the time the President submits the budget request for
fiscal year 2023, the Secretary of Defense is directed to
transmit to the congressional defense committees budget
justification documents to be known as the ``M-1'' and the ``O-
1'' which shall identify, at the budget activity, activity
group, and sub-activity group level, the amounts requested by
the President to be appropriated to the Department of Defense
for military personnel and operation and maintenance in any
budget request, or amended budget request, for fiscal year
2023.
REPROGRAMMING GUIDANCE
The Secretary of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year 2008
(House Report 110-279). The dollar threshold for reprogramming
funds shall be $10,000,000 for military personnel; operation
and maintenance; procurement; and research, development, test
and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II and
quarterly, spreadsheet-based DD Form 1416 reports for Service
and defense-wide accounts in titles III and IV of this Act.
Reports for titles III and IV shall comply with guidance
specified in the explanatory statement accompanying the
Department of Defense Appropriations Act, 2006. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. These thresholds are
cumulative from the base for reprogramming value as modified by
any adjustments. Therefore, if the combined value of transfers
into or out of a military personnel (M-1); an operation and
maintenance (O-1); a procurement (P-1); or a research,
development, test and evaluation (R-1) line exceeds the
identified threshold, the Secretary of Defense must submit a
prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
COMMUNITY PROJECT FUNDING
The agreement directs the Secretary of Defense to ensure
that all Community Project Funding is awarded to its intended
recipients.
COMPETITION FOR CONGRESSIONAL INCREASES
Funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables titled Explanation of Project
Level Adjustments. Except for projects contained in the table
titled Community Project Funding Items, funding increases shall
be competitively awarded, or provided to programs that have
received competitive awards in the past.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
items for which funding is specifically reduced as shown in the
project level tables or in paragraphs using the phrase ``only
for'' or ``only to'' are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed in the explanatory
statement.
DESIGNATED CONGRESSIONAL SPECIAL INTEREST ITEMS
In the explanatory statement accompanying the Department of
Defense Appropriations Act, 2021, the Secretary of Defense was
directed to limit Department of Defense overhead costs on all
congressional program increases. The Army developed a system
for tracking overhead costs on congressional program increases,
and the agreement notes that all of the Services and defense
agencies should similarly track these costs to ensure that the
overwhelming amount of each congressional program increase is
used to further the intended program and not simply supplement
or supplant established overhead budgets.
The agreement again directs the Secretary of Defense to
limit Department overhead and operating costs on congressional
program increases to not more than ten percent of the funding
level provided. The Service Secretaries and the Deputy
Secretary of Defense or their designee may request a waiver to
this requirement by submitting a prior approval request in
writing to the House and Senate Appropriations Committees.
CONGRESSIONAL INITIATIVES
It is noted that progress has been made in recent years in
aligning resources to military requirements as a result of the
2018 National Defense Strategy and that the fiscal year 2022
President's budget request presented to Congress continues
these important efforts by increasing the adoption of advanced
technologies. The congressional defense committees' oversight
efforts discovered numerous opportunities to accelerate the
pace of change, especially with respect to security and
deterrence in the Indo-Pacific region, space and cyber
capabilities, artificial intelligence, and infrastructure and
public shipyard improvements. Therefore, the agreement includes
significant additional appropriations for these four areas. The
agreement also includes increases to select high-priority items
identified on the unfunded priority lists of the service chiefs
and combatant commands that address capability gaps in the
areas listed above. Further, the agreement includes additional
funding for certain issues which the Department of Defense is
not well positioned to address without additional
appropriations, such as funding to address per- and
polyfluoroalkyl substances (PFAS) pollution related to military
installations. These funds are intended to accelerate efforts
beyond assessments of PFAS contamination, to the remediation of
hazards. Finally, the agreement includes $125,000,000 for the
National Defense Stockpile Transaction Fund to improve American
supply chain resilience related to strategic materials.
The Secretary of Defense is directed to provide an
execution plan to the congressional defense committees for
these priority initiatives, as well as other increases which
improve the readiness and capabilities of the Armed Forces, not
later than 60 days after the enactment of this Act.
DEPARTMENT OF DEFENSE TEST INFRASTRUCTURE INVESTMENTS
It is noted that recent investments in next-generation
weapons such hypersonics, directed energy, and space
technologies have not been accompanied by investments in the
associated test infrastructure to demonstrate these
capabilities under operationally relevant conditions against
realistic threats. Therefore, the agreement includes additional
appropriations of $422,728,000, as detailed in the tables of
Explanation of Project Level Adjustments under the headings for
Research, Development, Test and Evaluation, Navy; Research,
Development, Test and Evaluation, Defense-Wide; and Operational
Test and Evaluation, Defense, only for lab and test range
upgrades for the following: Space, electromagnetic spectrum,
hypersonics, directed energy, and targets. Further, there is an
opportunity to accelerate infrastructure improvements at the
Nevada Test and Training Range, Point Mugu Sea Range, China
Lake, and Joint Pacific Alaska Range Complex to provide peer-
representative threat environments for 5th generation aircraft.
Therefore, the agreement includes additional appropriations of
$375,400,000, as detailed in the tables of Explanation of
Project Level Adjustments under the headings for Research,
Development, Test and Evaluation, Defense-Wide, only for the
acquisition or modification of radar emulators and decoy
systems.
It is directed that none of these funds may be obligated or
expended until 30 days after the Director for Operational Test
and Evaluation, in coordination with the Director of the Test
Resource Management Center, provides a detailed spend plan to
the congressional defense committees regarding obligation plans
of these funds, to include any changes from previously
identified funding requirements and outyear funding
requirements. Further, these additional appropriations for test
range infrastructure are designated as congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414).
APPROPRIATIONS FOR DEPARTMENT OF DEFENSE-IDENTIFIED UNFUNDED
REQUIREMENTS
In accordance with 10 U.S.C. 222(a), the military Services
and combatant commands submitted to the congressional defense
committees unfunded mission requirements in excess of
$19,000,000,000 with submission of the fiscal year 2022
President's budget request. As in previous years, these
requests, their underlying requirements, costs, and schedules
have been reviewed, and additional appropriations are
recommended in fiscal year 2022 to address these shortfalls, as
identified in the tables of Explanation of Project Level
Adjustments in this joint explanatory statement.
As previously stated, there are concerns about instances
where appropriations for unfunded requirements remained
unobligated until proposed for realignment. While it is
understandable that requirements evolve and associated funding
requirements change during execution of the budget, such
unexecuted appropriations suggest that additional details
regarding the execution of appropriations provided specifically
for unfunded requirements identified by the Department of
Defense is warranted.
Therefore, direction included in the joint explanatory
statement accompanying the Department of Defense Appropriations
Act, 2021 is reiterated. In addition, it is directed that any
submission of unfunded requirements by the military services,
defense agencies, and combatant commands with the fiscal year
2023 President's budget request be accompanied by updated
requirements, and programmatic and execution plans for unfunded
requirements that received appropriations in fiscal year 2022.
Further, the Assistant Secretaries (Financial Management and
Comptroller) for the Air Force, Navy, and Army are directed to
incorporate in the congressional budget brief templates
distinct programmatic and execution data for appropriations
provided in the previous three fiscal years for unfunded
requirements pertaining to the program/effort.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
NEW BUDGET EXHIBIT CAPTURING SAVINGS FROM PROPOSED FORCE STRUCTURE
CHANGES
The Assistant Secretaries (Financial Management and
Comptroller) for the Army, Navy, and Air Force are directed to
submit a budget exhibit that will display the savings built
into the budget for force structure retirements and
divestitures to be submitted with each President's budget
request. The agreement directs that all Service components
(active, reserve and Guard) be engaged in the formulation of
the budget exhibit in order to fully align all savings
proposals by appropriation. This new exhibit shall be included
in the justification materials with the fiscal year 2023
President's budget request and shall include, but not be
limited to, the following information (columns in the display):
--Divestment title (item proposed for divestiture/
retirement);
--Quantity (if applicable, showing how many of a particular
item is being proposed for divestiture or retirement);
--Appropriation;
--Line Item;
--Budget Year savings (dollars in thousands);
--Budget Year +1 savings (dollars in thousands);
--Budget Year +2 savings (dollars in thousands);
--Budget Year +3 savings (dollars in thousands);
--Budget Year +4 savings (dollars in thousands);
--Total future years defense program (FYDP) savings
(dollars in thousands);
--Justification and Explanation of Changes (This section
shall include a brief description and an impact statement of
the decision to divest each platform. It shall also include an
explanation of changes when comparing the current President's
budget request savings estimates to prior President's budget
request savings estimates and the factors that drove any
changes to previous projections.);
--Insert row showing the total savings for each fiscal year
and the FYDP by divestment title; and
--Include a row at the bottom of this exhibit showing the
grand total dollar savings for all divestitures/retirements by
fiscal year and the FYDP for each military service.
QUARTERLY REPORTS ON DEPLOYMENTS OF UNITED STATES ARMED FORCES
The Secretary of Defense shall provide quarterly reports to
the congressional defense committees on the deployment of
United States Armed Forces by each geographic combatant
command, including the number of members of the Armed Forces,
civilian employees of the Department of Defense, and contract
personnel, as well as the country and named operation, if
applicable, to which such personnel are assigned.
FOREIGN BASE NOTIFICATION
Not later than 15 days after the date on which any foreign
base that involves the stationing or operations of the United
States Armed Forces, including a temporary base, permanent
base, or base owned and operated by a foreign country, is
opened or closed, the Secretary of Defense shall notify the
congressional defense committees in writing of the opening or
closing of such base. Such notification shall also include
information on any personnel changes, costs, and savings
associated with the opening or closing of such base.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
The agreement ensures that the Department of Defense
acquisition workforce has the capacity, in both personnel and
skills, needed to properly perform its mission and provides
funding, as requested, in the Services' operation and
maintenance and research, development, test and evaluation
accounts; as well as in the Department of Defense Acquisition
Workforce Account and Defense Working Capital Funds. With the
submission of the fiscal year 2023 President's budget request,
the Service Acquisition Executives of the Army, Navy, Air
Force, and Space Force are directed to provide a report to the
congressional defense committees identifying their acquisition
workforce requirements in support of the acquisition programs
included in the fiscal year 2023 future years defense program.
Further, the Military Department Financial Managers and
Comptrollers of the Army, Navy, and Air Force are directed to
certify, with submission of the fiscal year 2023 President's
budget request, to the congressional defense committees, that
these acquisition workforce requirements are fully funded in
the fiscal year 2023 President's budget request. Finally, in
order to maintain visibility into and oversight of funding for
the defense acquisition workforce, these funds are designated
as congressional special interest items for the purpose of the
Base for Reprogramming, DD Form 1414.
INTEGRATED VISUAL AUGMENTATION SYSTEM
The agreement supports the continued development and
operational test of the Army's Integrated Visual Augmentation
System (IVAS). In light of recent developmental challenges and
increased testing requirements, the agreement recommends a
transfer of $55,000,000 from the Other Procurement, Army
account to the Research, Development, Test and Evaluation, Army
account for continued design, development, and testing
activities. The agreement also provides a total of $405,140,000
to maintain contractual production requirements. The Program
Executive Officer, Soldier (PEO Soldier), not later than 30
days after the enactment of this Act, is directed to submit a
revised IVAS development plan, including the associated
resourcing requirements, to the House and Senate Appropriations
Committees. Further, the agreement places fiscal year 2022 IVAS
procurement funding in the amount of $349,543,000 on hold until
the program completes initial operational test and evaluation
and PEO Soldier provides a briefing to the House and Senate
Appropriations Committees.
BUDGETING FOR NAVY MODERNIZATION
It is noted that in the fiscal year 2022 budget request,
the Navy proposed to break the multi-year procurement contract
(MYP) for the DDG-51 Destroyer, while simultaneously requesting
that Congress appropriate the necessary additional funds for
that Destroyer in the amount of $1,659,200,000 by listing it as
its top unfunded priority. It is further noted that this five-
year MYP was authorized by the congressional defense committees
in fiscal year 2018 at the request of the Navy, as certified by
the Under Secretary of Defense for Acquisition and Sustainment,
and with cost estimates provided by the Director of Cost
Assessment and Program Evaluation (CAPE). Failure to fully
budget for this MYP, therefore, implies a lack of understanding
of the full five-year funding requirements, and creates an
unnecessary risk to the predictable and stable funding required
for this MYP.
It is concerning that this continues a trend by the Navy to
submit budgets to the Congress that deliberately underfund
programs deemed by the Navy to be critical, with the
expectation that the congressional appropriations committees
will restore funds for these programs within the budget
allocation for the Department of Defense. For instance, in
fiscal year 2021, the Navy's budget request underfunded the MYP
for the VIRGINIA Class submarine that had been authorized by
the Congress in fiscal year 2018, requiring the congressional
appropriations committees to provide approximately
$2,600,000,000 in additional funds for this MYP. As a result of
these repeated budgetary maneuvers, it is questionable whether
the Navy's budget requests accurately reflect the Service's
most important priorities. This is particularly concerning
given the Navy's plans to initiate and ramp up several major
acquisition programs in the near-term, including the COLUMBIA
Class submarine, the Next Generation Air Dominance Family of
Systems, the DDG(X) Destroyer, FFG, and SSN(X). At the same
time, the Navy is struggling to manage cost on several major
acquisition programs, including the COLUMBIA Class submarine,
certain subsea and seabed warfare programs, and the TAO fleet
oiler, revealing significant cost increases for each of these
programs in the fiscal year 2022 budget submission.
The Comptroller General is directed to review the
Department of the Navy's and the CAPE's processes for
identifying and budgeting funds required to fully fund MYPs
during the Department's programming, planning, and budgeting
processes and to report to the congressional defense committees
not later than 90 days after the enactment of this Act. This
report shall include an analysis of the treatment of MYP funds
for Navy programs in the fiscal year 2021 and fiscal year 2022
President's budget submissions.
MISSION PARTNER ENVIRONMENT
The agreement directs the Secretary of the Air Force to
submit a report on Mission Partnership Environment (MPE)
implementation to the congressional defense committees not
later than 180 days after the enactment of this Act. The report
shall include, but not be limited to:
--Enacted MPE funding levels by appropriation and fiscal
year covering fiscal year 2019 to fiscal year 2022, including a
breakout of any funding within the request or provided through
a congressional increase;
--For each fiscal year, by program element code and
appropriation, the amounts obligated, which MPE capabilities
they supported, what was purchased (such as hardware, software,
and external labor), and the organization supported (combatant
command, military service, or defense agency);
--A spend plan for fiscal year 2022 in detail as required
above;
--An explanation of the factors driving any differences
between the enacted and actual funding levels by fiscal year,
program element code, and appropriation; and
--An overarching program schedule and funding profile by
fiscal year for MPE implementation across the future years
defense program. This section should be coordinated with other
stakeholders such as the Joint Staff, the Department of Defense
Chief Information Officer, the Under Secretary of Defense for
Intelligence and Security, and the Under Secretary of Defense
for Policy.
To ensure completeness and accuracy, the Secretaries of the
Army and Navy, Commanders of the combatant commands, and
Directors of the combat support agencies are directed to
provide the Secretary of the Air Force with the data listed
above not later than 90 days after the enactment of this Act.
F-35 CONTINUOUS CAPABILITY DEVELOPMENT AND DELIVERY
The fiscal year 2022 President's budget request includes
$1,983,112,000 in Air Force, Navy, and Marine Corps research
and development funding for F-35 continuous capability
development and delivery (C2D2), an increase of $565,858,000
over amounts appropriated in fiscal year 2021. It is noted that
per previous congressional direction, C2D2 efforts are
delineated into no less than ten distinct projects to provide
greater transparency of funds execution, and continued
adherence to this budget structure is directed.
Concerns remain regarding the budgeting, contracting and
contract performance for C2D2. Therefore, the Program Executive
Officer, F-35 Joint Program Office, is directed to submit to
the congressional defense committees, beginning not later than
with submission of the fiscal year 2023 President's budget
request, and bi-monthly thereafter, the following data:
contract performance, verification results reporting, quality
metrics, technical performance metrics, and process efficiency
metrics.
This data shall include detailed explanations of deviations
from contracted plans and the President's budget request, to
include impact on spend plans for development efforts and award
fees.
ENHANCED BUDGET CONTROL FOR UNITED STATES CYBER COMMAND
The agreement supports the Department's efforts to provide
U.S. Cyber Command with control over specific budget
responsibilities starting with fiscal year 2024. The agreement
directs the Commander, U.S. Cyber Command, to keep the House
and Senate Appropriations Committees fully informed on its
progress.
SPACE ACQUISITIONS
The agreement recognizes the previous work done by the
Department to establish the initial Service transfers to the
United States Space Force (USSF), however it notes that the
Services continue to invest in space related capabilities to
include satellite command and control, proliferated low-earth
orbit architectures, and alternative navigation options that
may be better suited for management by the USSF. Therefore, the
agreement directs the Secretary of Defense, not to be
delegated, and in coordination with the Secretaries of the
military departments to submit a report to the congressional
defense committees, not later than 90 days after the enactment
of this Act, which identifies the space-related development and
acquisition programs across the military Services. This report
shall include a list of programs for each military Service and
the executing program office; a brief description of the
capability provided; a determination of whether the program
should be transferred to the Space Force or not; a proposed
timeline for any transfers; and an explanation of the rationale
leading to the transfer decision. In addition, the report shall
contain an addendum that includes a table detailing the future
years defense program resource profile by fiscal year for each
program. The addendum shall also include each program broken
out by appropriation, budget line number, and the program
element or budget line item. A classified annex shall accompany
the unclassified report to capture the development and
acquisition programs.
MISSILE DEFENSE AGENCY PRIORITIES AND UNFUNDED REQUIREMENTS
The agreement includes $10,330,701,000 for Missile Defense
Agency (MDA) activities in this bill for fiscal year 2022, an
increase of $1,417,696,000 above the request. The Director of
MDA is directed to provide to the congressional defense
committees, not later than 30 days after the enactment of this
Act, updated acquisition and spend plans for adjusted
acquisition programs.
MISSILE DEFENSE AGENCY ACQUISITION AUTHORITIES
No adjustments may be made to the Missile Defense Agency's
(MDA) acquisition authorities until 120 days after the Deputy
Secretary of Defense, acting directly through the Director of
MDA, briefs the congressional defense committees on any such
proposed adjustments.
LAUNCH STRATEGY FOR HYPERSONIC AND BALLISTIC TRACKING SPACE SENSOR
The fiscal year 2022 President's budget request includes
$268,811,000 for the Missile Defense Agency (MDA) in Research,
Development, Test and Evaluation, Defense-Wide to continue the
development of a Hypersonic and Ballistic Tracking Space Sensor
(HBTSS), including $110,000,000 for MDA to launch 2 HBTSS
satellites on a single launch vehicle in 2023. It is noted that
this launch strategy is inconsistent with MDA's previous plans
of launching HBTSS payloads into orbit aboard the Space
Development Agency's (SDA) Tranche 0 satellites in 2022/2023,
which did not require additional funds for a separate launch by
MDA. The MDA and SDA each launching their own satellites
reveals a lack of coordination and cooperation between SDA and
MDA, poor oversight on the part of the Department of Defense's
space acquisition enterprise, and waste of taxpayer dollars. It
is directed that no funds available to the Department of
Defense may be obligated or expended for an HBTSS Phase IIb
modification for additional payloads or space vehicles, or a
Phase IIc or a Phase III program in fiscal year 2022.
Additional concerns regarding duplication and overlap of space
programs are detailed under the heading ``Space Acquisitions''
in the general overview of this joint explanatory statement.
FUNDING FOR MISSILE DEFENSE AGENCY TEST EVENTS
Regular and realistic testing of the missile defense
system, to include persistent cyber operations--as coordinated
with the Director of Operational Test and Evaluation--to prove
out missile defense capabilities, increase engagement
capability and capacity, and build warfighter confidence, is
supported. However, the repeated volatility of the Missile
Defense Agency's (MDA) annual test plans that consistently
result in schedule adjustments, test delays, and the
cancellation of previously planned and budgeted flight tests in
the year of execution is concerning.
The agreement provides funding for MDA's fiscal year 2022
test events at the funding levels identified in the
supplemental test event budget briefing materials provided to
the congressional defense committees, as modified by the table
of Explanation of Project Level Adjustments accompanying the
Research, Development, Test and Evaluation, Defense-Wide
account in this joint explanatory statement. The Director of
MDA is directed to notify the congressional defense committees
prior to executing changes to MDA's fiscal year 2022 test
baseline as established by this agreement.
DEFENSE OF GUAM
The fiscal year 2022 President's budget request includes
$78,300,000 in Research, Development, Test and Evaluation,
Defense-Wide (RDTE,DW) and $40,000,000 in Procurement, Defense-
Wide (P,DW) to develop key system-agnostic enablers that would
provide a baseline of capability to support a range of material
solutions while the Department of Defense determines an
architecture for the Defense of Guam. It is noted that key
information regarding the architecture and associated material
solutions for a Defense of Guam were not submitted to the
congressional defense committees despite repeated inquires.
Therefore, the budget request is reduced by $5,900,000. The
agreement provides an additional $40,000,000 in RDTE,DW and
$40,000,000 in P,DW only to accelerate the development of such
key enablers pending selection of a specific material solution
for the Defense of Guam. None of these additional funds may be
obligated or expended until 30 days after the Deputy Secretary
of Defense, or her designee, briefs the congressional defense
committees on a proposed spend plan and architecture for
Defense of Guam.
HOMELAND DEFENSE RADAR--HAWAII
While a discrimination radar on Hawaii continues to be an
important part of the architecture for U.S. homeland defense,
the President's budget request for fiscal year 2022 did not
include funding for the radar, and the Department of Defense
has not recommended to the congressional defense committees an
adequate or acceptable solution for the defense of Hawaii.
Therefore, the agreement provides $75,000,000 for the Homeland
Defense Radar--Hawaii (HDR-H) program for fiscal year 2022 and
directs the Director of the Missile Defense Agency, in
consultation with the Commander of U.S. Indo-Pacific Command
and the Director of Cost Assessment and Program Evaluation, to
provide to the congressional defense committees, with
submission of the fiscal year 2023 President's budget request,
an updated briefing on current and evolving threats, the
capability HDR-H provides against these threats, and other
realistic solutions to defend Hawaii from current and evolving
ballistic missile threats.
ARMY GUARD MULTI DOMAIN OPERATIONS
The Army has not validated any of their division formations
as Multi-Domain Operation (MDO) capable, including the eight
Army National Guard (ARNG) divisions. The Secretary of the Army
is directed to provide a report to the House and Senate
Appropriations Committees not later than 30 days after the
enactment of this Act and every six months thereafter on which
MDO capabilities, either enduring or future, can be
incorporated into the ARNG, what further equipment divestitures
the Army might require of the ARNG, and the timeframe for the
backfill of those divestitures with deployable assets.
ANOMALOUS HEALTH INCIDENTS/HAVANA SYNDROME
The agreement directs the Secretary of Defense, in
coordination with appropriate stakeholders across the
interagency, to ensure that all intelligence and health
information related to anomalous health incidents is shared and
appropriately disseminated within proper channels in a timely
manner, and to provide a briefing to the congressional defense
and intelligence committees on a quarterly basis on the status
of the executive branch's activities related to treating
anomalous health incidents, including medical treatment,
investigation of their origins, and any new incidents reported
across any agency. The report directed under this heading in
House Report 117-88 is still required to be provided not later
than 30 days after the enactment of this Act.
INCENTIVE FEES AND CONTRACTOR PERFORMANCE
The agreement directs the Under Secretary of Defense for
Acquisition and Sustainment to deliver to the congressional
defense committees, not later than 180 days after enactment of
this Act, a report on the Department's payment of fees and
bonuses to contractors with documented performance issues. The
report shall cover the previous two fiscal years for each
military Service and defense agency including at a minimum: an
analysis of the number of contracts that have paid awards or
bonuses to a contractor documented to be delivering
unsatisfactory performance; the amount of awards or bonuses
that have paid out under such circumstances; the total
percentage of such awards and bonuses paid out, as a portion of
total awards and bonuses over the same timeframe; an analysis
of the Department's policy governing payment of awards and
bonuses under such circumstances; and recommendations for any
changes to authorities or policy that would eliminate payments
under such circumstances to implement any recommendations.
RED HILL BULK FUEL STORAGE FACILITY
The agreement includes $686,429,000 to continue supporting
displaced servicemembers, civilians and their families,
addressing drinking water contamination, and to conduct
activities in compliance with the State of Hawaii Department of
Health Order 21-UST-EA-02. It is noted that the Department of
Defense has failed to provide to the people of Hawaii and the
Congress actionable information regarding the courses of action
under consideration to ensure safe operation of the Red Hill
Bulk Fuel Storage Facility going forward, and associated
resource requirements.
The Secretary of Defense is directed to provide the
congressional defense committees no later than 90 days after
enactment of this Act a report detailing all options under
consideration by the Department of Defense both to mitigate
issues with fuel storage at the Red Hill Bulk Fuel Storage
Facility, as well as future plans for the site and Department
of Defense fuel storage requirements. The report shall, at a
minimum, include: the cost of remediating current harms to
people, the water supply, and the environment; the cost of
repairing the facility to ensure safe defueling; the costs
related to defueling the facility; costs of future plans under
consideration for the facility; as well as the timeline for
each such activity.
FEDERAL LAW ENFORCEMENT
The agreement notes that the explanatory statement
accompanying the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2022 directs the Attorney General
to ensure implementation of evidence-based training programs on
de-escalation and the use-of-force, as well as on police
community relations, and the protection of civil rights, that
are broadly applicable and scalable to all Federal law
enforcement agencies. The agreement further notes that several
agencies funded by this Act employ Federal law enforcement
officers and are Federal Law Enforcement Training Centers
partner organizations. The agreement directs such agencies to
consult with the Attorney General regarding the implementation
of these programs for their law enforcement officers. The
agreement further directs such agencies to submit a report to
the Committees on Appropriations on their efforts relating to
such implementation no later than 180 days after consultation
with the Attorney General. In addition, the agreement directs
such agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of this
Act, on their efforts to so participate.
TITLE I--MILITARY PERSONNEL
The agreement provides $166,715,907,000 in Title I,
Military Personnel, in addition to $157,360,000 provided in
P.L. 117-86.
[GRAPHIC] [TIFF OMITTED] TH9033001.118
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2022
-------------------------------------------------------------------------------
Fiscal year Change from
2021 Budget Request Final Bill Change from fiscal year
authorized request 2021
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army.......................... 485,900 485,000 485,000 - - - -900
Navy.......................... 347,800 346,200 346,920 720 -880
Marine Corps.................. 181,200 178,500 178,500 - - - -2,700
Air Force..................... 333,475 328,300 329,220 920 -4,255
Space Force................... - - - 8,400 8,400 - - - 8,400
Total, Active Forces........ 1,348,375 1,346,400 1,348,040 1,640 -335
-------------------------------------------------------------------------------
Guard and Reserve Forces (End
Strength):
Army Reserve.................. 189,800 189,500 189,500 - - - -300
Navy Reserve.................. 58,800 58,600 58,600 - - - -200
Marine Corps Reserve.......... 38,500 36,800 36,800 - - - -1,700
Air Force Reserve............. 70,300 70,300 70,300 - - - - - -
Army National Guard........... 336,500 336,000 336,000 - - - -500
Air National Guard............ 108,100 108,300 108,300 - - - 200
Total, Selected Reserve..... 802,000 799,500 799,500 - - - -2,500
-------------------------------------------------------------------------------
Total, Military Personnel... 2,150,375 2,145,900 2,147,540 1,640 -2,835
----------------------------------------------------------------------------------------------------------------
SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2022
-------------------------------------------------------------------------------
Fiscal year Change from
2021 Budget Request Final Bill Change from fiscal year
authorized request 2021
----------------------------------------------------------------------------------------------------------------
Active Guard and Reserve:
Army Reserve.................. 16,511 16,511 16,511 - - - - - -
Navy Reserve.................. 10,155 10,293 10,293 - - - 138
Marine Corps Reserve.......... 2,386 2,386 2,386 - - - - - -
Air Force Reserve............. 4,431 6,003 6,003 - - - 1,572
Army National Guard........... 30,595 30,845 30,845 - - - 250
Air National Guard............ 22,637 26,661 25,333 -1,328 2,696
-------------------------------------------------------------------------------
Total, Full-Time Support.... 86,715 92,699 91,371 -1,328 4,656
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL OVERVIEW
The agreement provides the resources required for 1,348,040
active forces and 799,500 selected reserve forces in order to
meet operational needs for fiscal year 2022. The agreement also
provides the funding necessary to support a 2.7 percent pay
raise for all military personnel, effective January 1, 2022.
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2022
appropriations accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' military personnel accounts between budget
activities in excess of $10,000,000.
MILITARY PERSONNEL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the joint explanatory statement are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount as specifically addressed in the
joint explanatory statement. Below threshold reprogrammings may
not be used to either restore or reduce funding from
congressional special interest items as identified on the DD
Form 1414.
STRENGTH REPORTING
The Service Secretaries are directed to provide monthly
strength reports for all components to the House and Senate
Appropriations Committees beginning not later than 30 days
after enactment of this Act. The first report shall provide
actual baseline end strength for officer, enlisted and cadet
personnel, and the total component. The second report shall
provide the monthly end of year projection for average strength
for officer, enlisted, and cadet personnel using the formula in
the Department of Defense Financial Management Regulation
Volume 2A, Chapter Two. For the active components, this report
shall break out average strength data by base and direct war
and enduring costs; and differentiate between the active and
reserve components.
RESERVE COMPONENT BUDGET REPORTING
The Secretary of Defense is directed to provide a semi-
annual detailed report to the congressional defense committees
which shows transfers between sub-activities within the
military personnel appropriation. Reports shall be submitted
not later than 30 days after the end of the second quarter and
not later than 30 days after the end of the fiscal year.
FOOD INSECURITY
The Secretary of Defense is directed to provide two reports
relating to food insecurity. The first report shall detail the
prevalence of servicemembers and families who report
experiencing food insecurity. The report shall include the use
of food assistance programs to include Federal nutrition
programs like the Supplemental Nutrition Assistance Program,
free and reduced lunches for dependents, as well as local food
banks; the barriers that exist for low-income servicemembers in
qualifying for Federal nutrition programs; the conditions
causing food insecurity among servicemembers; the impact of
food insecurity on military readiness and military retention;
and Department of Defense programs in place to address food
insecurity. Concurrently in a second report, the Secretary of
Defense shall analyze the potential for a future large-scale
crisis, such as a pandemic, to exacerbate food insecurity among
servicemembers and military families. The report shall detail
the actions the Secretary of Defense can undertake in such a
crisis to mitigate those impacts by surging additional
assistance through entities of the Department of Defense,
including the commissary system. The Secretary of Defense is
directed to provide these reports to the House and Senate
Appropriations Committees not later than 180 days after
enactment of this Act.
EXTREMISM IN THE MILITARY
In lieu of House language on extremism in the military, the
agreement directs the Secretary of Defense to, not later than
120 days after the enactment of this Act, provide the
congressional defense committees with an update to the report
on military personnel and extremist or criminal groups. The
report shall describe new policy and personnel actions taken
since the preceding report and provide additional information
on the types of extremist or criminal groups involved in such
personnel actions. Details may be provided by a classified
appendix, if required.
MILITARY PERSONNEL, ARMY
The agreement provides $47,814,079,000 for Military
Personnel, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, NAVY
The agreement provides $35,504,251,000 for Military
Personnel, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, MARINE CORPS
The agreement provides $14,572,400,000 for Military
Personnel, Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, AIR FORCE
The agreement provides $35,078,206,000 for Military
Personnel, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, ARMY
The agreement provides $5,156,976,000 for Reserve
Personnel, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, NAVY
The agreement provides $2,297,029,000 for Reserve
Personnel, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, MARINE CORPS
The agreement provides $802,619,000 for Reserve Personnel,
Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, AIR FORCE
The agreement provides $2,371,001,000 for Reserve
Personnel, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, ARMY
The agreement provides $9,017,728,000 for National Guard
Personnel, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement provides $4,764,443,000 for National Guard
Personnel, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $256,096,100,000 in Title II,
Operation and Maintenance, in addition to $192,640,000 provided
in P.L. 117-86.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2022
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities, or between sub-activity groups in the case
of Operation and Maintenance, Defense-Wide, in excess of
$10,000,000. In addition, the Secretary of Defense shall follow
prior approval reprogramming procedures for transfers in excess
of $10,000,000 out of the following readiness sub-activity
groups:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Aviation assets
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Specialized skill training
Flight training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Combat Support Forces
Facilities sustainment, restoration, and modernization
Base Operating Support
Marine Corps:
Operational forces
Field logistics
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Depot purchase equipment maintenance
Facilities sustainment, restoration, and modernization
Contractor logistics support and system support
Flying hour program
Space Force:
Contractor logistics support and system support
Administration
Air Force Reserve:
Primary combat forces
Air National Guard:
Aircraft operations
Additionally, the Secretary of Defense is directed to use
normal prior approval reprogramming procedures when
implementing transfers in excess of $10,000,000 into the
following budget sub-activities:
Air Force:
Base support
Operation and Maintenance, Army National Guard:
Base operations support
Facilities sustainment, restoration, and modernization
Operation and Maintenance, Air National Guard:
Aircraft operations
Contractor logistics support and systems support
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount as specifically addressed in the
explanatory statement. Below threshold reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
OPERATION AND MAINTENANCE BUDGET EXECUTION DATA
The Secretary of Defense is directed to continue to provide
the congressional defense committees with quarterly budget
execution data. Such data should be provided not later than 45
days after the close of each quarter of the fiscal year and
should be provided for each O-1 budget activity, activity
group, and sub-activity group for each of the active, defense-
wide, reserve, and National Guard components. For each O-1
budget activity, activity group, and sub-activity group, these
reports should include the budget request and actual obligation
amount, the distribution of unallocated congressional
adjustments to the budget request, all adjustments made by the
Department in establishing the Base for Reprogramming (DD Form
1414) report, all adjustments resulting from below threshold
reprogrammings, and all adjustments resulting from prior
approval reprogramming requests.
REPROGRAMMING GUIDANCE FOR SPECIAL OPERATIONS COMMAND
The agreement directs the Secretary of Defense to submit a
baseline report that shows the Special Operations Command's
operation and maintenance funding by sub-activity group for the
fiscal year 2022 appropriation not later than 60 days after the
enactment of this Act. The Secretary of Defense is further
directed to submit quarterly execution reports to the
congressional defense committees not later than 45 days after
the end of each fiscal quarter that addresses the rationale for
the realignment of any funds within and between budget sub-
activities. Finally, the Secretary of Defense is directed to
notify the congressional defense committees 30 days prior to
the realignment of funds in excess of $10,000,000 between sub-
activity groups.
ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY
CONFLICT
The fiscal year 2022 budget request includes an additional
$9,420,000 and 15 civilian full-time equivalents (FTE) for the
Secretariat of Special Operations within the Office of the
Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict. The agreement transfers five FTE from the
Secretariat for Special Operations to the Office of Information
Operations Policy.
INFORMATION OPERATIONS
The agreement includes $4,000,000 for U.S. Special
Operations Command (USSOCOM) Information Operations and directs
the Commander of USSOCOM to submit a detailed spend plan to the
House and Senate Appropriations Committees not later than 30
days prior to the obligation of the funds.
MILITARY TUITION ASSISTANCE PROGRAM
The agreement recognizes that servicemembers can use the
Military Tuition Assistance Programs (MilTA) to enroll in
civilian education programs and commends the Marine Corps and
the Air Force for augmenting these programs in their fiscal
year 2022 budget requests. However, there is concern that the
current academic and career advising programs do not provide
structured guidance that aligns military and civilian workforce
requirements with MilTA education programs and courses. The
agreement directs the Under Secretary of Defense for Personnel
and Readiness and the Service Secretaries to submit a report to
the congressional defense committees not later than 120 days
after the enactment of this Act with recommendations to augment
the Services' academic and career advising programs to provide
servicemembers with structured guidance for MilTA education
programs and courses, as if they were to attend a military
education program. The recommendations should also include
guidance for servicemembers who wish to transition to a hard-
to-fill career in their respective Service. The report should
also create an annual survey to align academic and career
counseling and structured guidance with servicemembers' career
goals in the military or civilian workforce.
MINIMUM WAGE
The agreement does not include language referenced in House
Report 117-88 requiring the Secretary of Defense to provide
details of minimum wage costs for non-appropriated funded
employees due to the implementation of Executive Order 14003 by
the Office of Personnel Management on January 21, 2022.
DRINKING WATER CONTAMINATION
The agreement provides an additional $236,480,000 for the
Department of Defense and military Services to remediate
contaminated drinking water caused by per- and polyfluoroalkyl
substances. The Service Secretaries are directed to provide a
spend plan to the House and Senate Appropriations Committees
for these additional funds not later than 60 days after
enactment of this Act.
ADDRESSING SEXUAL ASSAULT
The agreement provides an additional $96,980,000 for the
Department of Defense to implement the Independent Review
Commission on Sexual Assault in the Military's recommendations.
The Secretary of Defense is directed to provide a spend plan
for the additional funds to the House and Senate Appropriations
Committees not later than 60 days after the enactment of this
Act.
SUPPORT FOR INTERNATIONAL NATURAL RESOURCES MANAGEMENT AND SECURITY
The agreement includes an additional $35,000,000 for the
combatant commands to partner with the United States Forest
Service in support of international programs that support
national security priorities related to the destabilizing
effects of extreme weather conditions.
DOMESTIC SUPPLY CHAIN RESILIENCY MATRIX
The agreement recognizes that a diverse and distributed
network of domestic production and service capabilities can
improve the performance of warfighting assets and U.S.
competitiveness while reducing commercial reliance on other
nations. A critical component in achieving this objective is to
have current and relevant information on existing companies and
capabilities within the U.S. at the local, state and national
level through the development of a national domestic supply
chain matrix. The agreement provides an additional $5,000,000
and directs the Office of the Under Secretary of Defense for
Acquisition and Sustainment to partner with commercial entities
in support of developing such a domestic supply chain matrix.
This matrix should include identification of current supply
base capabilities by region, state, and city, as focus on
strengthening and diversifying underserved areas of the supply
chain including small and minority led businesses.
OPERATION AND MAINTENANCE, ARMY
The agreement provides $55,016,103,000 for Operation and
Maintenance, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, NAVY
The agreement provides $62,480,035,000 for Operation and
Maintenance, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
NAVAL SHIPYARD APPRENTICE PROGRAM
The Secretary of the Navy is directed to induct classes of
not fewer than 100 apprentices at each of the respective naval
shipyards and to include the costs of the class of apprentices
in the fiscal year 2023 budget request.
UNITED STATES COAST GUARD
The agreement directs that funds appropriated under
Operation and Maintenance, Navy may be used to pay overhead
costs incurred by a naval shipyard when drydocking United
States Coast Guard ships.
BARBERS POINT ELECTRICAL INFRASTRUCTURE
The agreement directs the Secretary of the Navy to provide
a briefing to the congressional defense committees, not later
than June 1, 2022, on any upgrades to the electrical utility
system on Barbers Point that would be necessary to facilitate
its divestiture and transfer from the Navy to the local utility
provider on Oahu, Hawaii. The briefing shall identify the
funding requirements by appropriation for the design costs and
electrical utility infrastructure upgrades, as well as customer
connections to the new lines. The Secretary shall also provide
any statutory authority required to support this project.
RQ-21A
The agreement directs the Secretary of the Navy to report
to the congressional defense committees not later than 120 days
after enactment of this Act to provide a report on the status
of the RQ-21A fleet and its possible replacement. The report
shall include the analysis of intelligence, surveillance, and
reconnaissance requirements within the new roles, missions, and
concepts of operations for the Marine Corps described in the
Commandant's Planning Guidance and Force Design 2030 that was
used to inform the decision; the requirements changes that
necessitate the divestiture; and the timeline for divesture of
the RQ-21A fleet. The report shall also include an update on
the costs of alternative platforms to replace the RQ-21A and
associated cost to upgrade the current fleet to meet the
requirements.
OVENS
There are concerns that the Navy is not prioritizing
certain quality of life issues in its carrier fleet,
specifically the degradation of ovens on the USS George H. W.
Bush. The agreement directs the Secretary of the Navy to
expedite the repair or replacement of these ovens and to
conduct a review of the material condition of all surface ship
galleys. This report, which should be submitted to the
congressional defense committees not later than 90 days after
enactment of this Act, should identify the costs for repairing
all galley equipment of concern, if funds are included in the
fiscal year 2022 or fiscal year 2023 ship maintenance budget
and what, if any, potential barriers there may exist to their
repair.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement provides $9,185,430,000 for Operation and
Maintenance, Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $55,103,948,000 for Operation and
Maintenance, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATIONAL SUPPORT AIRLIFT
The agreement directs the Secretary of the Air Force to
conduct a review prior to making any final divestment decision
on the C-40 program, and submit a report to the congressional
defense committees not later than 90 days after the enactment
of this Act that includes the number of C-40 missions flown
over the past five fiscal years, to include detailed
information on the purpose of each such mission; the types of
missions and passengers; and where each mission originated and
terminated. The report shall also include an assessment of the
demand for C-40 missions over the next five fiscal years, how a
reduction in the number of available aircraft will impact the
missions, and the alternative modes of transportation the Air
Force is considering to fulfill these types of requirements.
PILOT SHORTAGE
Despite support from Congress, the Air Force continues to
fail to meet its annual pilot training goals. The fiscal year
2022 budget request does not provide adequate resources to meet
proposed goals for pilot production, and there is continued
concern that the Air Force will not meet its stated goals. In
addition, the Service-identified barriers to pilot production,
such as the ability to hire simulator instructors, have not
been addressed by Air Force senior leaders. Therefore, the
agreement directs the Secretary of the Air Force, or his
designee, to brief the House and Senate Appropriations
Committees not less than 45 days after enactment of this Act,
on plans to align its future year budgets to resolve the pilot
shortfall within the next five fiscal years. Further, the
agreement directs the Commander of Air Education and Training
Command to provide quarterly updates to the House and Senate
Appropriations Committees beginning not later than 45 days
after the enactment of this Act.
REPORT ON DIVESTMENT
The Secretary of the Air Force is directed to provide a
report to the congressional defense committees, not later than
30 days after submission of the President's budget for fiscal
year 2023, on any proposed divestments of the A-10 aircraft
during the future years defense plan. The report shall describe
any proposed divestments by fiscal year and location,
anticipated mission and personnel impacts, proposed mitigations
of mission, personnel, or force structure impacts, and the
budget implications of such plan.
OPERATION AND MAINTENANCE, SPACE FORCE
The agreement provides $3,435,212,000 for Operation and
Maintenance, Space Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, DEFENSE WIDE
The agreement provides $45,864,202,000 for Operation and
Maintenance, Defense-Wide, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PRIVATE SECTOR EMPLOYMENT VERIFICATION
While the Department of Defense utilizes existing systems
to provide verifications of the employment status and income of
civilian and military personnel and retirees, concerns remain
about their efficiency and responsiveness. There are private
sector solutions that are currently used by many other
government agencies that provide more timely verifications,
which are vital to economic activities of employees and
servicemembers. Therefore, the agreement directs the Directors
of the Defense Manpower Data Center and the Defense Civilian
Personnel Advisory Service to utilize private sector technology
solutions to provide verifications of the employment status and
income of civilian and military personnel and retirees as
permitted under the Fair Credit Reporting Act.
ENHANCING THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS TO PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION
The Secretary of Defense is directed to provide a report to
the House and Senate Appropriations Committees, not later than
30 days after the enactment of this Act, regarding the
initiative established under Section 550D of the National
Defense Authorization Act for fiscal year 2020 (Public Law 116-
92). The report shall also address opportunities within the
following subject matters: establishing cooperative agreements
and co-training with the relevant federal, state, local, and
other law enforcement agencies; integrating child protective
Services and organizations into the initiative; and
implementing recommendations made in the Government
Accountability Office's report titled ``Increased Guidance and
Collaboration Needed to Improve DoD's Tracking and Response to
Child Abuse'' (GAO 20-110).
DEFENSE LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE
The agreement designates the funding included in the fiscal
year 2022 President's budget request for the Language Training
Centers as a congressional special interest item and directs
that the funding profiles for the Language Training Centers and
the Language Flagship Program for the prior year, current year,
and budget year be included in the Performance Criteria section
of the Defense Human Resources Activity OP-5 budget exhibit in
future budget submissions.
DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM
The agreement directs the Director of the Office of Local
Defense Community Cooperation to provide a report to the House
and Senate Appropriations Committees that details the
Department of Defense's priorities for allocating the limited
resources within the Defense Community Infrastructure Program
prior to the award of fiscal year 2022 grant awards and with
submission of the fiscal year 2023 President's budget request.
Further, the Director of the Office of Local Defense Community
Cooperation is directed to brief the House and Senate
Appropriations Committees on the report and the Department's
methodology for prioritization not later than 30 days after the
release of the report.
LEGACY RESOURCE MANAGEMENT
The agreement does not include the additional funds
allocated for the Readiness and Environmental Protection
Initiative program identified in the House Report 117-88.
The agreement includes an additional $5,000,000 for the
Department of Defense Legacy Resource Management Program to
continue the work begun in project 17-836 to continue to
identify habitat conservation opportunities that will benefit
both the species and military readiness by avoiding or reducing
regulatory constraints on military testing and training.
NOISE MITIGATION
The agreement includes a new provision under the noise
mitigation program, which divides the amount of funds for the
mitigation program between active and reserve components. This
is to ensure that reserve components will be guaranteed a
portion of the funds each year to address their communities'
needs.
QUARTERLY REPORTS ON GUANTANAMO BAY DETENTION FACILITY
In lieu of House language on the Guantanamo Bay Detention
Facility, the agreement directs the Secretary of Defense to
submit a report to the House and Senate Appropriations
Committees not later than 60 days after the enactment of this
Act, and quarterly thereafter, on the current number of
detainees at the Guantanamo Bay detention facility; their legal
status; a description of all Department of Defense costs
associated with the facility during the last two fiscal years
by program, account, and activity; and the status of funds for
the current fiscal year.
DEFENSE SECURITY COOPERATION AGENCY SPEND PLAN
The Secretary of Defense shall, not later than 30 days
after the enactment of this Act, submit to the House and Senate
Appropriations Committees a detailed spend plan for amounts
made available for the Defense Security Cooperation Agency. The
Secretary of Defense shall also notify such Committees in
writing not less than 15 days prior to obligating funds in a
manner that would deviate from the plan. The plan shall include
amounts planned for each program listed in the budget
justification documents and, for International Security
Cooperation Programs, amounts provided in the prior two fiscal
years and planned for fiscal year 2022 by combatant command,
country, and authority. Amounts in the plan shall only reflect
amounts requested in the fiscal year 2022 budget justification
materials as modified by this Act. A similar document with
requested amounts shall be provided to the House and Senate
Appropriations Committees concurrent with the fiscal year 2023
budget submission.
DEFENSE SECURITY COOPERATION AGENCY QUARTERLY REPORTS
The agreement requires the Secretary of Defense to provide
quarterly reports to the House and Senate Appropriations
Committees on the use and status of funds. Such reports shall
be submitted not later than 30 days after the last day of each
quarter of the fiscal year and detail commitment, obligation,
and expenditure data by sub-activity group for Operation and
Maintenance, Defense-Wide, Defense Security Cooperation Agency.
INTEGRATED SECURITY COOPERATION STRATEGIES
The agreement supports increased measures to ensure that
security cooperation programs supported by this Act are
strategic, address clearly defined goals and objectives, and
are integrated with other programs. Accordingly, not later than
90 days after the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State, shall
submit to the congressional defense committees an integrated
security cooperation strategy for Colombia, Jordan, Mexico, the
Philippines, Tunisia, and Ukraine. Each strategy shall include
an overview of the security relationship between the United
States and the country; a description of the goals, objectives,
and milestones of security cooperation programs and initiatives
supported by the Department of Defense and the Department of
State; a description of how programs complement rather than
duplicate one another; funding by account and program for
fiscal year 2022 and the prior two fiscal years; and a
description of host country capabilities and financial
contributions towards shared security goals. The Secretary of
Defense shall consult with the Committees on Appropriations of
the House of Representatives and the Senate not later than 30
days after the enactment of this Act.
EL MOZOTE MASSACRE
The Secretary of Defense, in coordination with the
Secretary of State, shall provide all remaining information and
documents to the appropriate judicial authorities in El
Salvador, investigating the December 1981 massacre in El
Mozote. Not later than 30 days after the enactment of this Act,
the Secretary of Defense shall submit a final report to the
House and Senate Appropriations Committees describing the
information and documents provided to date and the judicial
authorities that received them.
DEFENSE SECURITY COOPERATION AGENCY
The agreement does not include the directive under this
heading in House Report 117-88 regarding Army security force
assistance brigade deployments.
COALITION SUPPORT FUNDS
The agreement provides $50,000,000 for Coalition Support
Funds to reimburse key cooperating nations for their support of
United States military and stability operations in Afghanistan
and to counter the Islamic State of Iraq and Syria. The
agreement supports the Department of Defense in making any
final payments to coalition nations who supported operations in
Afghanistan and directs the Secretary of Defense to complete
these payments by the end of fiscal year 2023.
CIVILIAN HARM MITIGATION AND RESPONSE
The agreement supports Department of Defense reforms to
avoid, mitigate, and respond to civilian harm. The agreement
also supports the January 27, 2022, Memorandum from the
Secretary of Defense directing a Civilian Harm Mitigation and
Response Action Plan. The Secretary of Defense is directed to
provide a briefing to the congressional defense committees not
later than 15 days following the release of the plan outlining
the details and any additional authorities and funding
necessary to implement the plan, including costs planned for
fiscal year 2022 and requested for fiscal year 2023, by
program, account, and activity. The agreement provides
sufficient funds under Operation and Maintenance, Defense-Wide
for payments made to redress injury and loss pursuant to
section 1213 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), including for families of
the victims of the August 29, 2021, air strike in Kabul,
Afghanistan.
CLIMATE CHANGE REPORT AND ADAPTATION ROADMAP, GREENHOUSE GAS EMISSIONS
REPORT, AND FOSSIL FUELS
In lieu of related items directed in House Report 117-88,
the agreement directs the Secretary of Defense to provide a
briefing to the congressional defense committees on the outcome
of the assessments directed by section 335 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) and the plans that are developed therefrom within 90 days
of their completion. Furthermore, the agreement directs the
Secretary of Defense to provide to the House and Senate
Appropriations Committees the briefing directed by section 323
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
AFGHANISTAN SECURITY FORCES FUND
The agreement does not include an appropriation for
Afghanistan Security Forces Fund.
The Secretary of Defense shall brief the House and Senate
Appropriations Committees not later than 30 days after the
enactment of this Act on plans to establish over-the-horizon
platforms, including the number of United States personnel
necessary to carry out these missions; basing agreements and
arrangements with host countries; a description of the
authorities used to conduct these operations; and costs during
fiscal year 2021 and planned for fiscal year 2022, by program,
account, and activity. This language replaces the directives
under this heading in House Report 117-88.
COUNTER-ISIS TRAIN AND EQUIP FUND
The agreement provides $500,000,000 for Counter-ISIS Train
and Equip Fund, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final bill
------------------------------------------------------------------------
Iraq Train and Equip.......................... 345,000 345,000
Syria Train and Equip......................... 177,000 155,000
Program decrease............................ ........... -22,000
-------------------------
Total, Counter-ISIS Train and Equip Fund.. 522,000 500,000
------------------------------------------------------------------------
COUNTER ISIS TRAIN AND EQUIP FUND
The agreement continues support under this heading for the
Iraqi Security Forces, Kurdish Peshmerga, and the Syrian
Democratic Forces (SDF) to participate in activities to counter
the Islamic State of Iraq and Syria (ISIS). The agreement also
continues the requirement that the Secretary of Defense ensure
elements are appropriately vetted and receiving commitments
from them to promote respect for human rights and the rule of
law.
The agreement directs that congressional notifications for
funds provided under this heading include a description of the
amount, type, and purpose of assistance to be funded, and the
recipient of the assistance; the budget and implementation
timeline, with anticipated delivery schedule for assistance;
and a description of any material misuse of assistance since
the last notification was submitted, along with a description
of any remedies taken.
The agreement also directs the Secretary of Defense to
consult with the House and Senate Appropriations Committees
prior to submitting any notification that includes detention
facility fortification or construction and prohibits the use of
funds under this heading for any other construction activity.
The liberation of ISIS controlled territory has left the SDF
holding thousands of hardened foreign fighters and their
families under challenging conditions. Accordingly, the
agreement directs the Secretary of Defense to continue to
engage with the SDF on these matters, including to ensure that
detainees are afforded all protections due under the Geneva
Conventions.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement provides $3,032,255,000 for Operation and
Maintenance, Army Reserve, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement provides $1,173,598,000 for Operation and
Maintenance, Navy Reserve, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement provides $294,860,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement provides $3,417,706,000 for Operation and
Maintenance, Air Force Reserve, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement provides $7,714,473,000 for Operation and
Maintenance, Army National Guard, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement provides $6,786,420,000 for Operation and
Maintenance, Air National Guard, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $15,589,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $299,008,000, an increase of
$98,202,000 above the budget request, for Environmental
Restoration, Army. Specifically, $50,202,000 is provided as a
general program increase and $48,000,000 is provided for the
Army and Army National Guard to address costs associated with
remediating contamination caused by per- and polyfluoroalkyl
substances.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $390,113,000, an increase of
$91,863,000 above the budget request, for Environmental
Restoration, Navy. Specifically, $74,563,000 is provided as a
general program increase and $17,300,000 is provided to address
costs associated with remediating contamination caused by per-
and polyfluoroalkyl substances.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $522,010,000, an increase of
$220,242,000 above the budget request, for Environmental
Restoration, Air Force. Specifically, $75,442,000 is provided
as a general program increase and $144,800,000 is provided for
the Air Force and Air National Guard to address costs
associated with remediating contamination caused by per- and
polyfluoroalkyl substances.
ENVIRONMENTAL RESTORATION, DEFENSE WIDE
The agreement provides $10,979,000, an increase of
$2,196,000 above the budget request, for Environmental
Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $292,580,000, an increase of
$74,000,000 above the budget request, for Environmental
Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $160,051,000 for Overseas
Humanitarian, Disaster, and Civic Aid, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
FOREIGN DISASTER RELIEF: 20,000 30,000
Program increase...................... .............. 10,000
HUMANITARIAN ASSISTANCE: 75,051 107,551
Program increase...................... .............. 32,500
HUMANITARIAN MINE ACTION PROGRAM: 15,000 22,500
Program increase...................... .............. 7,500
-------------------------------
Total, Overseas Humanitarian, 110,051 160,051
Disaster, and Civic Aid............
------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $344,849,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
Strategic Offensive Arms Elimination.... 2,997 2,997
Chemical Weapons Destruction............ 13,250 13,250
Global Nuclear Security................. 17,767 17,767
Biological Threat Reduction Program..... 124,022 229,022
Program increase--Biological Threat .............. 105,000
Reduction Program....................
Proliferation Prevention Program........ 58,754 58,754
Other Assessments/Admin Costs........... 23,059 23,059
-------------------------------
Total, Cooperative Threat Reduction 239,849 344,849
Account............................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
The agreement provides $56,679,000 for the Department of
Defense Acquisition Workforce Development Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
Training and Development................ .............. 51,840
Retention and Recognition............... .............. 1,395
Recruiting and Hiring................... .............. 3,444
Program increase--diversity STEM .............. 2,000
talent development...................
Total, Department of Defense 54,679 56,679
Acquisition Workforce Development
Account............................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE REPORTING REQUIREMENTS
The Under Secretary of Defense for Acquisition and
Sustainment is directed to provide the Department of Defense
Acquisition Workforce Development Account annual report to the
congressional defense committees not later than 30 days after
submission of the fiscal year 2023 President's budget request.
Further, as in previous years, the Under Secretary of Defense
for Acquisition and Sustainment is directed to provide the
congressional defense committees, with the fiscal year 2023
President's budget request, additional details regarding total
funding for the acquisition workforce by funding category and
specific appropriations accounts in the future years defense
program, to include an explanation of changes from prior years'
submissions.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
REPROGRAMMING REQUIREMENTS
The Secretary of Defense is directed to follow
reprogramming guidance for the Department of Defense
Acquisition Workforce Development Account (DAWDA) consistent
with reprogramming guidance for acquisition accounts detailed
elsewhere in this joint explanatory statement. The dollar
threshold for reprogramming DAWDA funds remains $10,000,000.
TITLE III--PROCUREMENT
The agreement provides $144,942,486,000 in Title III,
Procurement, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables. Additional guidance is provided in the overview of this
explanatory statement.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
joint explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount, as specifically addressed elsewhere in
the joint explanatory statement.
ARMY ORGANIC INDUSTRIAL BASE
The Secretary of the Army is directed to provide 45-day
written notification to the congressional defense committees
prior to approving civilian reductions in force that will
result in an employment loss of 50 or more full-time employees
at any Army organic industrial base facility. The notification
shall include the impact that the proposed reduction in force
will have on the ability to maintain the organic industrial
base critical manufacturing capabilities as delineated in the
Army Organic Industrial Base Strategy Report, a detailed
accounting of the costs of implementing the reduction in force,
and an assessment of the cost of, and time necessary, for
restoration of any lost capability to meet future organic
wartime manufacturing needs.
AGILE PROCUREMENT TRANSITION PILOT
The agreement appropriates $100,000,000 to establish the
Agile Procurement Transition Pilot under the management of the
Deputy Secretary of Defense in collaboration with the Vice
Chairman of the Joint Staff and the Service Acquisition
Officials, with the goal to aid the warfighter, to transition
technologies from pilot programs, prototype projects, and
research projects to scale to capability, software, or service
acquisitions. Awards made pursuant to this fund shall be
limited to between $10,000,000 to $50,000,000 per fiscal year
and for no more than three years. Participants in the fund
shall have a total present contract value of $500,000,000 or
less in cumulative revenue from the Department of Defense to be
eligible for funding. The agreement also directs the Deputy
Secretary of Defense to submit a report to the congressional
defense committees not later than March 1 and September 1 of
each fiscal year in which the funding is appropriated to
provide an overview on the capabilities being tested and the
proposed path to scale innovative technologies, including
successes and failures to date.
AIRCRAFT PROCUREMENT, ARMY
The agreement provides $3,295,431,000 for Aircraft
Procurement, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MISSILE PROCUREMENT, ARMY
The agreement provides $3,460,064,000 for Missile
Procurement, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement provides $4,319,082,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, ARMY
The agreement provides $2,276,667,000 for Procurement of
Ammunition, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
CONVENTIONAL AMMUNITION DEMILITARIZATION MISSION AWARD DELAYS
The agreement directs the Secretary of the Army to provide
a report to the congressional defense committees, not later
than 90 days after the enactment of this Act, that will address
the Army allocation of the conventional demilitarization budget
across the industrial base; the strategy for government-owned,
government-operated; government-owned, contractor-operated; and
contractor-owned, contractor-operated allocations that focus on
efficiency and environmental compliance; any recent cost-
benefit analyses and cost trends; the percentage of open burn/
open detonation across all industrial base locations and
efforts to minimize the activity; and whether Environmental
Protection Agency compliance for clean air standards is an
allocation factor for demilitarization requirements.
ALIGNING THE MUNITIONS REQUIREMENTS PROCESS WITH ACQUISITION
The agreement directs the Secretary of the Army to study
the sequencing of the Munitions Requirement Process in relation
to the development of its annual budget request and to submit a
report to the congressional defense committees on its findings
and recommendations not later than 90 days after the enactment
of this Act.
OTHER PROCUREMENT, ARMY
The agreement provides $9,453,524,000 for Other
Procurement, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
AIRCRAFT PROCUREMENT, NAVY
The agreement provides $17,799,321,000 for Aircraft
Procurement, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
NAVY ADVERSARY AIRCRAFT FOR TRAINING PURPOSES
The agreement directs the Secretary of the Navy to submit a
report to the congressional defense committees not later than
90 days after the enactment of this Act which provides a
description of the current air aggressor fleet, an
identification of any risk incurred by the continued use of
legacy aircraft, and a plan to complete the transition of all
Navy Reserve aggressor squadrons to a more capable aircraft
fleet over a ten-year period.
NAVY RESERVE AVIATION MODERNIZATION
The agreement directs the Secretary of the Navy to provide
a plan to modernize Navy Reserve aviation squadrons with F/A-
18E/F or other modern aircraft, such as F-35Cs, and to brief
the plan, to include the anticipated costs to implement the
plan, along with impacts on personnel and manning levels at
each squadron, to the congressional defense committees not
later than 90 days after the enactment of this Act.
WEAPONS PROCUREMENT, NAVY
The agreement provides $3,982,657,000 for Weapons
Procurement, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement provides $845,289,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
ALIGNING THE NAVAL MUNITIONS REQUIREMENTS PROCESS WITH ACQUISITION
The agreement directs the Secretary of the Navy to study
the sequencing of the Naval Munitions Requirement Process in
relation to the development of its annual budget request and to
submit a report to the congressional defense committees on its
findings and recommendations not later than 90 days after the
enactment of this Act.
SHIPBUILDING AND CONVERSION, NAVY
The agreement provides $26,664,526,000 for Shipbuilding and
Conversion, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
SUBMARINE INDUSTRIAL BASE INVESTMENTS
The agreement provides $35,000,000 for submarine industrial
base investments in order to support facilities infrastructure
at submarine production shipyards. Further, it is understood
that the Navy and the shipbuilders are committed to jointly
resourcing the capital investments necessary to meet the Navy's
goal of building two VIRGINIA Class submarines per year during
construction of COLUMBIA Class submarines.
The Secretary of the Navy is directed to provide a report
to the congressional defense committees with the submission of
the fiscal year 2023 President's budget request, on the
execution plan, inclusive of outyear cost share arrangements,
for the facilities supported by this funding. Further, the
Secretary of the Navy is directed to provide to the
congressional defense committees details on additionally
planned Navy and shipyard investments for submarine industrial
base shipyards in the Future Years Defense Program accompanying
the fiscal year 2023 President's budget request.
CONSTELLATION CLASS FRIGATE
The agreement notes that the detail design and construction
contract for FFG-62 USS CONSTELLATION, the first ship of the
class, CONSTELLATION Class Frigate (CCF), was awarded in April
2021. While the CCF is based on a proven hull design and mature
shipboard technologies, it remains a new class and the Navy and
the shipbuilding industrial base have had past production
challenges in managing costs, technical concurrency, design
changes and schedule of lead ships of a class. There is concern
that prematurely adding a second CCF shipyard before the first
shipyard has identified and corrected technical and production
issues will inject unneeded risk and complexity into the
program. Therefore, prior to award of a contract for second CCF
shipyard, the agreement directs the Navy to prioritize the
following objectives: technology maturation and risk reduction
for critical shipboard components; major systems integration;
full ship technical data package creation; and successful
operationally realistic testing for the first ship. The
agreement further directs the Secretary of the Navy to submit a
report 90 days prior to awarding a contract for the second CCF
shipyard to the congressional defense committees outlining the
acquisition strategy for achieving the full Frigate Program of
Record and meeting these technology maturation and risk
reduction objectives.
COLUMBIA CLASS SUBMARINES
The agreement notes that the fiscal year 2022 President's
budget request includes $4,646,980,000 for the incrementally
funded procurement of the first COLUMBIA Class submarine (CLB)
and advance procurement (AP) of eleven additional hulls of the
COLUMBIA Class. Included in the fiscal year 2022 President's
budget request for AP is $247,960,000 to implement Integrated
Enterprise Plan (IEP) initiatives that were not identified in
prior year budget submissions. The fiscal year 2022 President's
budget justification material did not include the future year
funding amounts required to implement the IEP initiatives
requested in fiscal year 2022. The agreement further notes that
the budget submission did not provide sufficient details
regarding the future year funding requirements for the IEP
initiatives requested in the fiscal year 2022 budget submission
and is concerned about a similar lack of transparency for such
initiatives requested in future budget submissions. Therefore,
the Assistant Secretary of the Navy (Research, Development and
Acquisition) is directed to submit to the congressional defense
committees the Navy's fully funded IEP initiative strategy, by
fiscal year, with the submission of any future President's
budget request that includes funding for IEP initiatives.
OTHER PROCUREMENT, NAVY
The agreement provides $11,072,651,000 for Other
Procurement, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT, MARINE CORPS
The agreement provides $3,093,770,000 for Procurement,
Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement provides $18,383,946,000 for Aircraft
Procurement, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
C-130 DIMINISHING MANUFACTURING SOURCES
The agreement recognizes the importance of maintaining a
viable C-130 production line which requires significant
investments in diminishing manufacturing sources (DMS) through
fiscal year 2026. The agreement includes DMS resources within
current and prior year Aircraft Procurement, Air Force
appropriations to satisfy the Air Force's list of unfunded C-
130J DMS requirements. For fiscal year 2022, this includes
$68,000,000 within the congressional increase for Air National
Guard aircraft, $26,310,000 through a congressional increase
specifically for DMS, and $113,300,000 included in the
President's budget request. Additionally, fiscal year 2021
resources available to fund DMS requirements include
$26,700,000 from previous congressional increases for aircraft,
$29,600,000 previously allocated for DMS from MC-130 funding,
and $68,300,000 remaining within the MC-130 program following
the rescission of excess funds.
The Secretary of the Air Force is directed to submit an
updated list of C-130J DMS requirements with the total
estimated costs by effort for each fiscal year to the House and
Senate Appropriations Committees with the fiscal year 2023
President's budget request. This list shall also include
current resources applied to DMS efforts, as well as any
additional resources allocated to those efforts within the
fiscal year 2023 future years defense program, including the
current year and prior year.
MISSILE PROCUREMENT, AIR FORCE
The agreement provides $2,475,206,000 for Missile
Procurement, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement provides $665,977,000 for Procurement of
Ammunition, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
ALIGNING THE NON-NUCLEAR CONSUMABLES ANNUAL ANALYSIS WITH ACQUISITION
The agreement directs the Secretary of the Air Force to
study the sequencing of the Non-Nuclear Consumables Annual
Analysis in relation to the development of annual budget
requests and submit a report to the congressional defense
committees on the findings and recommendations not later than
90 days after the enactment of this Act.
CARTRIDGE ACTUATED DEVICES/PROPELLANT ACTUATED DEVICES (CAD/PAD) SAFETY
The agreement directs the Secretary of the Air Force to
conduct a review of the current number of CAD/PAD devices
operating with temporary life extensions and to develop a plan
to align future year acquisition and installation activities to
mitigate any identified deficiencies. The Secretary of the Air
Force is directed to submit a report to the congressional
defense committees containing the findings of this review not
later than 90 days after of the enactment of this Act.
OTHER PROCUREMENT, AIR FORCE
The agreement provides $26,615,079,000 for Other
Procurement, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
IMPROVING FINANCIAL STEWARDSHIP AND TRANSPARENCY
The agreement directs the Assistant Secretary of the Air
Force (Financial Management and Comptroller) to provide the P-
5, P-5a, P-21, and P-40 budget exhibits for unclassified
programs in budget activities three and four, including such
information for fiscal year 2021 and 2022, with the fiscal year
2023 President's budget request.
PROCUREMENT, SPACE FORCE
The agreement provides $3,023,408,000 for Procurement,
Space Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
NATIONAL SECURITY SPACE LAUNCH
The agreement notes the tremendous success of the National
Security Space Launch (NSSL) program in reliably delivering
critical national security satellites to orbit. However, the
agreement notes with concern that failure to properly budget
for NSSL launches should not be accepted as a rationale to seek
launches outside of the space launch enterprise. Therefore, the
agreement directs the Secretary of Defense and the Director of
National Intelligence to utilize the Space Force launch
enterprise for NSSL-class missions unless the Secretary of
Defense or the Director of National Intelligence certify, as
appropriate, to the congressional defense and intelligence
committees that an alternative launch procurement approach for
a designated mission is in the national security interest of
the government, and provide a rationale for such a
determination.
PROCUREMENT, DEFENSE-WIDE
The agreement provides $6,177,561,000 for Procurement,
Defense-Wide, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
DEFENSE PRODUCTION ACT PURCHASES
The agreement provides $388,327,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES........ 340,927 388,327
Program increase--rare earth supply .............. 40,000
chain................................
Program increase--manufacturing of .............. 5,000
shipbuilding components..............
Program increase--inspection and .............. 2,400
process control technology for
microfluidic device..................
-------------------------------
Total, Defense Production Act 340,927 388,327
Purchases..........................
------------------------------------------------------------------------
HYPERSONIC ENGINE INDUSTRIAL BASE
The agreement includes $38,000,000, as requested, in
Defense Production Act Purchases for investments in the
hypersonic engine industrial base. Consistent with the
Department's goals to ensure a vibrant, competitive, and
diverse defense industrial base, the Under Secretary of Defense
for Acquisition and Sustainment is encouraged to prioritize
investments in sub-tier suppliers in support of the Services'
hypersonics program requirements.
RARE EARTH PROCESSING
The Secretary of Defense is directed to submit a report to
the congressional defense committees not later than 90 days
after the enactment of this Act which assesses the feasibility
of assigning responsibilities for the light rare earth (LRE)
processing activities to the Department of the Army in order to
synchronize LRE and heavy rare earth initiatives. The report
shall include any impacts on the industrial base and potential
cost efficiencies.
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $950,000,000 for National Guard and
Reserve Equipment, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
NATIONAL GUARD AND RESERVE EQUIPMENT 0 950,000
ACCOUNT................................
Army National Guard..................... 0 285,000
Program increase--miscellaneous .............. 285,000
equipment............................
Air National Guard...................... 0 285,000
Program increase--miscellaneous .............. 285,000
equipment............................
Army Reserve............................ 0 155,000
Program increase--miscellaneous .............. 155,000
equipment............................
Navy Reserve............................ 0 52,500
Program increase--miscellaneous .............. 52,500
equipment............................
Marine Corps Reserve.................... 0 17,500
Program increase--miscellaneous .............. 17,500
equipment............................
Air Force Reserve....................... 0 155,000
Program increase--miscellaneous .............. 155,000
equipment............................
-------------------------------
Total, National Guard and Reserve 0 950,000
Equipment Account..................
------------------------------------------------------------------------
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $950,000,000 for National Guard and
Reserve Equipment. Of that amount $285,000,000 is designated
for the Army National Guard; $285,000,000 for the Air National
Guard; $155,000,000 for the Army Reserve; $52,500,000 for the
Navy Reserve; $17,500,000 for the Marine Corps Reserve; and
$155,000,000 for the Air Force Reserve.
This funding will allow the reserve components to procure
high priority equipment that may be used for combat and
domestic response missions. Current reserve component equipping
levels are among the highest in recent history, and the funding
provided by the agreement will help ensure component
interoperability and sustained reserve component modernization.
The agreement directs the component commanders of the Army
Reserve, Marine Forces Reserve, Air Force Reserve, Army
National Guard and Air National Guard to submit to the
congressional defense committees a detailed assessment of their
component's modernization priorities, not later than 30 days
after the enactment of this Act.
The agreement also directs the Secretary of Defense to
provide the report identified in 10U.S.C. 10541 to the
congressional defense committees, not later than May 30, 2022,
for the fiscal year 2023 budget.
The Secretary of Defense is directed to ensure that the
account is executed by the Chiefs of the National Guard and
reserve components with priority consideration given to the
following items: acoustic hailing devices; airborne and ground
detect and avoid systems; aviation status dashboard; controlled
humidity preservation; counter-UAS systems; crashworthy,
ballistically tolerant auxiliary fuel systems; containerized
ice making systems; cybersecurity for critical base
infrastructure; gamma radiation protection; helmet-mounted
display system; hospital pods; hypervisor-based cross domain
access solution; KC-135 aircraft forward area refueling/
defueling stations; land surveying systems; laser ablation
system; mobile solar power units/systems; modular small arms
ranges and small arms training simulators and tools; pilot
physiological monitoring systems; radiological screening
portals; training systems and simulators; UH-60 internal
auxiliary fuel tanks; UH-72A/B S&S mission equipment
modernization; upgraded commercial-off-the-shelf ground mapping
for C-130 aircraft; vehicle-mounted and man-portable
radiological nuclear detection systems; Tactical Combat
Training System; and virtual language training systems.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $119,211,192,000 in Title IV,
Research, Development, Test and Evaluation, as follows:
[GRAPHIC] [TIFF OMITTED] TH9033001.267
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the Base for Reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables. Additional guidance is provided in the overview of this
explanatory statement.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
joint explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount, as specifically addressed elsewhere in
the joint explanatory statement.
OTHER TRANSACTION AUTHORITY
The agreement directs the Under Secretary of Defense for
Acquisition and Sustainment to continue the previously
established reporting requirements on the use of Other
Transaction Authority (OTA) while working with the
congressional defense committees to establish improved
procedures for execution of OTAs across the Department and
plans to enhance the data collection process. Not later than 60
days after enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall brief the
congressional defense committees on courses of action to
improve the data collection process across the Department, to
include alternatives to the Federal Procurement Data System-
Next Generation or modifications to the system that provides
greater transparency and accountability and makes such data
available to the public to the maximum extent practicable.
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
The agreement encourages the Secretary of Defense to
execute the recommended pilot programs through fiscal year
2022, while performing detailed analysis of the Department's
accounting and financial management process for such pilot
programs compared to traditional software and digital
technology programs. As detailed in the reporting requirements
outlined in the joint explanatory statement accompanying the
Department of Defense Appropriations Act, 2021 (Public Law 116-
260), the Secretary of Defense shall submit quarterly reports
to the congressional defense committees, detailing the
Department's assessment for each of the programs recommended in
the general provision. This report shall include, at a minimum:
quantitative and qualitative metrics; an assessment of eight
similar programs, with representations from each Service,
funded through traditional appropriation legislation for
comparison; an assessment of each pilot program against their
own historical performance when funded through traditional
appropriation legislation; as well as an assessment of prior
year Budget Activity 08 execution by program compared to
planned execution in the respective budget request.
TRANSITION OF PROGRAMS FROM THE STRATEGIC CAPABILITIES OFFICE
It is concerning that for programs planned for transition
from the Strategic Capabilities Office (SCO) to the Services,
detailed cost, schedule, and budget data are not routinely
included with SCO's and the Services' budget justification
materials despite previous congressional direction. It is
further noted that SCO and the Services frequently use
different program names when describing the same effort, which
complicates the traceability of programs and funding and
hampers congressional oversight. Therefore, the Director, SCO,
in coordination with the Service acquisition executives, is
directed to provide to the congressional defense committees,
with submission of the fiscal year 2023 President's budget
request, a matrix identifying SCO programs with their SCO and
respective transition partners' detailed program schedules, and
future years defense program profiles by fiscal year,
appropriations account, and program element.
REPORTING ON MIDDLE-TIER ACQUISITION AND RAPID PROTOTYPING PROGRAMS
As stated in the joint explanatory statement accompanying
the Department of Defense Appropriations Act, 2021 (Public Law
116-260), the spectrum of programs using rapid development,
rapid prototyping, rapid acquisition, accelerated acquisition,
and middle-tier acquisition (``section 804'') authorities range
from small programs that have already deployed prototypes to
programs that, by virtue of their scope and cost, would
otherwise be subject to reporting requirements and acquisition
regulations applicable to traditional major defense acquisition
category I programs. The Department of Defense's continued use
of such acquisition authorities is noted. However, the lack of
standard acquisition information provided to the congressional
defense committees for such programs with the budget request,
to include independent cost estimates, technology and
manufacturing readiness assessments, and test and evaluation
master plans, is concerning. In addition, it is concerning that
the Services' growing trend toward procuring de facto end-items
via prototyping acquisitions may limit the Services' ability to
successfully manage their acquisition programs in the long term
by eliminating the complete understanding of full program costs
up front, unnecessarily narrowing the industrial base early in
the acquisition process, and eliminating opportunities for
future innovation by reducing competition over the life of the
acquisition. Further, it is concerning that budgeting for these
de facto end-items incrementally with research and development
appropriations instead of fully funding them with procurement
appropriations obfuscates costs and limits transparency and
visibility into Services' procurement efforts.
It is noted that the Department did not, with submission of
the fiscal year 2022 President's budget request, comply with
direction contained in section 8058 of the Department of
Defense Appropriations Act, 2021 (Public Law 116-260), which
was intended to provide more insight into the use of
legislative authorities and research, development, test and
evaluation funds for these purposes. This direction is repeated
for fiscal year 2022. The Under Secretaries of Defense for
Research and Engineering and Acquisition and Sustainment, in
coordination with the Service acquisition executives for the
Army, Navy, and Air Force, are directed to provide to the
congressional defense committees with submission of the fiscal
year 2023 President's budget request a complete list of
approved acquisition programs, and programs pending approval in
fiscal year 2023, utilizing prototyping or accelerated
acquisition authorities, along with the rationale for each
selected acquisition strategy, as well as a cost estimate and
contracting strategy for each such program. Further, the Under
Secretary of Defense (Comptroller) and the respective Financial
Manager and Comptrollers for the Army, Navy, and Air Force, are
directed to certify full funding of the acquisition strategies
for each of these programs in the fiscal year 2023 President's
budget request, including their test strategies. Finally, the
Director of Operational Test and Evaluation, is directed to
certify to the congressional defense committees the
appropriateness of the Services' planned test strategies for
such programs, to include a risk assessment. To the extent that
the respective Service acquisition executives, Service
Financial Manager and Comptrollers, and Director of Operational
Test and Evaluation, provide the information requested above
with submission of the fiscal year 2022 President's budget, any
variations therefrom should be included with the fiscal year
2023 submission. In addition, the Services' Financial Manager
and Comptrollers are directed to identify the full costs for
prototyping units by individual item in the research,
development, test and evaluation budget exhibits for the budget
year as well as the future years defense program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement provides $14,539,417,000 for Research,
Development, Test and Evaluation, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
ANTIMICROBIAL TEXTILES
The agreement directs the Assistant Secretary of Defense
for Sustainment, not later than 180 days after the enactment of
this Act, to provide a report to the congressional defense
committees on the current efforts, effectiveness, and
feasibility of including antimicrobial and antiviral technology
in the manufacturing of Service-issued clothing and individual
equipment. The report shall include an analysis of the
technical maturity of available antimicrobial and antiviral
textile-based solutions and a strategy for incorporating any
technically mature solutions into Service issued clothing or
personal equipment. The report shall also include a review of
the ability of the industrial base to support the manufacturing
of these products and identify any resources or capability gaps
that exist within the industrial base to meet the demand.
STRATEGIC LONG RANGE CANNON
The Strategic Long Range Cannon (SLRC) is one of the Army's
35 modernization priorities. However, the fiscal year 2022
budget request does not explicitly identify funding for SLRC,
despite requests in the previous two budgets. The Army has
indicated to the congressional defense committees that the
program is still viable and intends to continue to make
progress towards fielding SLRC, including the use of fiscal
year 2022 appropriated funding. Without a request for funding
or a plan to further mature the system in fiscal year 2022, the
agreement does not recommend funding for SLRC. Therefore, if
the Army intends to resource SLRC in fiscal year 2022, the
Secretary of the Army is directed to submit to the House and
Senate Appropriations Committees, not later than 30 days prior
to obligation of funds, a comprehensive funding plan across the
future years defense program and a detailed schedule of
activities.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement provides $22,139,080,000 for Research,
Development, Test and Evaluation, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
SOFTWARE FACTORIES
The fiscal year 2022 President's budget request includes
$72,760,000 to establish no less than three ``software
factories''' that would provide a software pipeline for
continuous development, integration, deployment, and upgrades
of software into multiple unmanned and manned undersea and
surface Navy programs. It is believed that establishing such a
capability is necessary. However, the lack of coordination and
potential for duplication of efforts among various elements of
the Navy's acquisition enterprise, as well as the Navy's
apparent over-reliance on commercial industry for certain
oversight and program management functions, is concerning.
The Assistant Secretary of the Navy (Research, Development
and Acquisition) is directed to review the Navy's plans for
software factories across the enterprise. Further, with
submission of the fiscal year 2023 President's budget request,
the Assistant Secretary of the Navy (Research, Development and
Acquisition) is directed to provide to the congressional
defense committees an analysis and recommendation of inherently
governmental versus commercial industry roles with regard to
software and autonomous intelligence development, integration,
and operation for Navy programs; as well as an assessment of
the current Navy workforce and, if required, a strategy for
developing and retaining the required Navy workforce.
SELF-DEFENSE TEST SHIP
The fiscal year 2022 President's budget request includes
$15,061,000 in program element 0605863N primarily to operate
and maintain the Ex-PAUL F. FOSTER, the Navy's Self-Defense
Test Ship (SDTS). It is noted that the Navy has operated a SDTS
since 1996 to conduct operationally realistic testing that is
otherwise prohibited on manned ships. Further, it is understood
that the current SDTS is projected to no longer be in a ready
state beyond fiscal year 2025, and that the Navy is evaluating
several courses of action to meet the requirement for an SDTS
going forward, including the conversion of a decommissioned
Navy asset. The Director of Navy Innovation, Technology
Requirements, and Test and Evaluation is directed to submit to
the congressional defense committees, with submission of the
fiscal year 2023 President's budget request, the Navy's
strategy for the SDTS beyond fiscal year 2025, to include an
evaluation of different courses of action under consideration
and their associated funding requirements by fiscal year across
the future years defense program.
Further, the Director of Operational Test and Evaluation
(DOTE) is directed to provide DOTE's assessment of the Navy's
strategy with respect to impacts on approved Test and
Evaluation Master Plans and test strategies for Navy
acquisition program to the congressional defense committees not
later than 30 days after submission of the fiscal year 2023
President's budget request.
LARGE DISPLACEMENT UNMANNED UNDERSEA VEHICLE
The fiscal year 2022 President's budget request includes
$29,080,000 for Phase II of the Large Displacement Unmanned
Undersea Vehicle (LDUUV), which is the planned transition to
industry of the previously funded Phase I design for the
fabrication of no less than one additional LDUUV. It is noted
that, with submission of the fiscal year 2022 President's
budget request, the Navy terminated the Payload Handling
System, which was intended to launch LDUUV from a VIRGINIA
Class submarine, thereby limiting LDUUV deployment
opportunities. It is further noted that the Navy has delayed
the Phase II contract award from fiscal year 2021 into fiscal
year 2022, and that the Navy is reconsidering the LDUUV
program. Therefore, unobligated fiscal year 2021 funds
appropriated for LDUUV, as well as fiscal year 2022 Phase I and
Phase II funds are designated as congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414).
EXTRA LARGE UNMANNED UNDERSEA VEHICLE
The fiscal year 2022 President's budget request includes
$58,173,000 to continue manufacturing and testing of five Extra
Large Unmanned Undersea Vehicles (XLUUV). With submission of
the budget request, the Navy informed the congressional defense
committees of schedule delays of no less than two fiscal
quarters in addition to an 18-month delay revealed with the
fiscal year 2021 President's budget request. Further, the Navy
notified that the program is being restructured. It is
concerning therefore, that, with the fiscal year 2022 request,
the Navy requested funds for additional XLUUV requirements such
as an increased payload capacity and a new payload module, when
the baseline program is performing poorly. The agreement
includes no funds to increase payload capacity or for the
universal payload in fiscal year 2022, a reduction of
$8,908,000 and $7,190,000 to the request, respectively.
It is noted that the XLUUV program was awarded in response
to a Joint Emergent Operational Need using rapid acquisition
authorities. Given the urgency of the requirement, the Navy's
analytical and engineering rigor conducted prior to program
initiation is questioned. The Comptroller General is directed
to review the Navy's adherence to acquisition best practices
for the XLUUV program, as adapted for rapid acquisition
programs, and report to the congressional defense committees
not later than 90 days after enactment of this Act.
BASING OF UNMANNED UNDERSEA VEHICLES
The Secretary of the Navy is directed to provide to the
congressional defense committees, with submission of the fiscal
year 2023 President's budget request, a report detailing the
Navy's plans for basing Navy unmanned undersea vehicles (UUVs),
to include the infrastructure, personnel, and logistical
requirements for testing, evaluation, docking, and maintenance
of UUVs.
CH-53K SYSTEM DEMONSTRATION TEST ARTICLE AIRCRAFT
The Assistant Secretary of the Navy (Research, Development
and Acquisition) and the Assistant Secretary of the Navy
(Financial Management and Comptroller) are directed to continue
to comply with the direction contained in Senate Report 116-103
regarding System Demonstration Test Article aircraft for the
CH-53K program.
ACADEMIC PARTNERSHIPS FOR INNOVATIVE SUBMARINE AND UNDERSEA VEHICLE
RESEARCH
The agreement includes $25,000,000 to build stronger
partnerships between Navy research labs, warfighters, academia,
and industry. The Assistant Secretary of the Navy (Research,
Development and Acquisition) is directed to coordinate this
effort with the Navy's industrial base partners to ensure that
funded academic research projects are relevant to specific
research, engineering, and manufacturing needs, as well as
defined systems capabilities. The Assistant Secretary of the
Navy (Research, Development, and Acquisition) is further
directed to ensure that partnerships with academia focus on the
specific submarine and autonomous undersea vehicle research
needs, undersea technology acceleration and transition, and
workforce development to ensure a sustainable undersea
industrial base. Projects funded under this initiative should
also focus on leveraging investments across the public and
private sectors in dual use technology areas through
collaborative efforts aligning the undersea ecosystem.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement provides $41,592,913,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
TECHNOLOGY TRANSFER
The agreement directs the Secretary of the Air Force to
submit to the congressional defense committees, not later than
90 days after the enactment of this Act, a report on the
funding required and budgeted across the future years defense
program for Air Force technology transfer along with an
analysis of the current use of partnership intermediary
agreements within the Department of Defense laboratory system
for technology transfer with the Air Force.
HYPERSONICS PROTOTYPING
The agreement provides $318,687,000 for the Air-Launched
Rapid Response Weapon (ARRW) and $190,116,000 for the
Hypersonic Attack Cruise Missile. The budget request combined
funding for these prototyping efforts into a single line. The
agreement provides funds for each effort in a separate line to
increase transparency and oversight. Due to recent failures and
delays in testing that have extended the ARRW program schedule
and put a first production lot contract at risk for award in
fiscal year 2022, no procurement funds are provided in this Act
for ARRW. In consultation with the Air Force, the agreement
transfers $80,425,000 requested in Missile Procurement, Air
Force to this account to support an extension of the testing
program and mitigate a projected funding shortfall for the ARRW
prototyping effort within this account. This language replaces
the language under this heading in House Report 117-88.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
The agreement provides $11,597,405,000 for Research,
Development, Test and Evaluation, Space Force, as follows:
[[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
SPACE FORCE ACQUISITION
The agreement provides the full amount requested for the
Space Warfighting Analysis Center (SWAC) and is supportive of
the work the SWAC is doing to inform architecture and
acquisition decisions. However, concerns persist that the
analytical and decision-making process within the Space Force
is overly complex and convoluted and that responsibilities and
authorities below the Secretary level are unclear and sometimes
contradictory. Therefore, the agreement directs the Secretary
of the Air Force, not to be delegated, to submit to the
congressional defense committees, not later than 60 days after
the enactment of this Act, a report that includes a draft
mission directive; clarification of the roles and
responsibilities of senior civilian and uniformed leaders with
space responsibilities; organizational alignment of the
acquisition units of the Space Force, to include the SWAC,
Space Development Agency, Space Rapid Capabilities Office, and
space programs in the Department of the Air Force Rapid
Capabilities Office; and a plan to ensure the Assistant
Secretary of the Air Force for Space Acquisition and
Integration has the resources, responsibilities, and
authorities necessary for success.
NEXT GENERATION OVERHEAD PERSISTENT INFRARED
The agreement directs the Secretary of the Air Force to
submit the fiscal year 2023 budget submission with distinct
budget lines and program elements for the Geosynchronous Earth
Orbit, Polar, and Ground efforts. The agreement recognizes that
the Space Force is considering alternative architecture plans
for a more resilient and more capable missile warning and
missile tracking system but notes that the Department of
Defense and the Administration have not reached a consensus on
whether or how quickly to pursue a new path. Therefore, the
agreement directs the Secretary of the Air Force to promptly
notify the congressional defense committees of any significant
change to the current architecture and program plans prior to
obligating any funds or taking contract actions for such
change. Last, the agreement continues previous direction for
the Secretary of the Air Force to provide quarterly briefings
to the congressional defense committees on the status of the
program.
SPACE FORCE UNIQUE SCIENCE AND TECHNOLOGY
The agreement recognizes that science and technology
programs can have shared goals and leverage advancements in
research areas that cut across both the air and space domains.
While there are clear benefits to cross-domain multi-
disciplinary investments, it can result in an increased level
of complexity in allocating resources to the appropriate
Service appropriations accounts for technology discovery and
application efforts early in the research and development (R&D)
phase. The agreement notes that space unique capabilities and
those programs executed out of the Space Vehicles Directorate
at the Air Force Research Lab, are more appropriately budgeted
in the Research, Development, Test and Evaluation, Space Force
account. Therefore, the Secretary of the Air Force is directed
to provide a comprehensive proposal to the congressional
defense committees to establish an objective, transparent, and
effective means to align the Department of the Air Force's
science and technology resources across the R&D continuum, not
later than 90 days after the enactment of this Act.
COMMERCIAL TECHNOLOGIES
Existing and emerging commercial solutions have the
potential to meet certain mission sets of the United States
Space Force (USSF), including communications, space domain
awareness, and intelligence, surveillance, and reconnaissance.
The USSF and other space organizations within the Department
have publicly championed a hybrid space architecture that
includes a combination of government and commercial space
vehicles and Services. However, the agreement notes that the
USSF is slow to prioritize commercial offerings into its
enterprise architecture and dedicate sufficient resources to
continue advancements in enabling technologies, such as
encryption technologies necessary for a ubiquitous hybrid
architecture. Therefore, the agreement directs the Commander of
Space Systems Command, not later than 90 days after the
enactment of this Act, to provide the congressional defense
committees a report detailing the strategy to integrate
commercial satellites across its mission sets and a future
years defense program resource profile by appropriation and
line item dedicated to these efforts. The report shall address
the tools needed to advance the operational integration of
commercial systems into a hybrid enterprise management system
and address what acquisition models will be used to facilitate
cost effective and efficient purchase of commercial systems and
Services.
TACTICALLY RESPONSIVE SPACE
The Department of Defense Appropriations Act, 2021 (Public
Law 116-260) appropriated $15,000,000 for investments in
tactically responsive space launch capabilities. Further,
section 1609 of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) directed the Secretary of
the Air Force to establish a Tactically Responsive Space Launch
program within the future years defense program. However, the
fiscal year 2022 President's budget request does not include
any resources to establish the program this fiscal year despite
a need to counter adversarial launches of disruptive
technologies in a tactically relevant timeline. Therefore, the
agreement provides $50,000,000 for Tactically Responsive Launch
efforts. Further, the agreement directs the Secretary of the
Air Force, in consultation with the Chief of Space Operations,
not later than 90 days after the enactment of this Act, to
provide the congressional defense committees with an
acquisition strategy that operationalizes a tactically
responsive space capability, including satellites, launch
vehicles, control systems, and concept of operations, as well
as the resource profile associated with the strategy across the
future years defense program.
NUCLEAR PROPULSION TECHNOLOGY
Traditional solar array technologies for space vehicle
power generation provide limited power sourcing and degrade
over time. The agreement notes that nuclear propulsion
technology has the potential to increase the lifespan, range,
and communications capabilities of space vehicles enabling the
Space Force to develop new space architectures, as well as
modified tactics, techniques, and procedures for operation
within existing architectures. Therefore, the agreement directs
the Secretary of the Air Force, in coordination with the Chief
of Space Operations, not later than 90 days after the enactment
of this Act, to provide a report to the congressional defense
committees on the technical maturity, cost, benefits, and risks
associated with nuclear propulsion technology in space.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement provides $29,065,786,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
RAPID DEFENSE EXPERIMENTATION RESERVE
It is understood that the Secretary of Defense plans to
request funds under a new ``Rapid Defense Experimentation
Reserve'' (RDER) budget line in the Research, Development, Test
and Evaluation, Defense-Wide (RDTE,DW) account in future budget
submissions for prototyping and experimentation as part of a
campaign of learning, and to close the ``valley of death''.
Projects funded under the RDER program would facilitate
exploration and transition of technologies to full adoption by
the Services and enable more rapid modernization.
The agreement supports this concept in principle. However,
it is noted that the RDTE,DW account already contains several
budget lines for programs intended for such purposes, to
include programs to bridge the valley of death; support high-
priority, mission-aligned prototyping; address joint
warfighting operational gaps; and transition technologies.
Further, it is noted that these budget lines contain
significant funding flexibility in the year of execution.
Therefore, the establishment of the new RDER program should be
accompanied by a critical review of these programs and
projects, including, but not limited to, the Defense
Modernization and Prototyping Program, the Joint Capability
Technology Program, and the Rapid Prototyping Program, to
ensure that funds support direct warfighter needs.
The agreement realigns some such duplicate funding only for
the RDER program in fiscal year 2022, as detailed in the table
of Explanation of Project Level Adjustments accompanying this
section. The Deputy Secretary of Defense is directed to review
the scope and purpose of existing prototyping, experimentation,
and demonstration programs funded within RDTE,DW to avoid
redundancy and overlap with RDER, and to recommend adjustments
to funding streams and management structures with the fiscal
year 2023 President's budget request.
COMMERCIAL SATELLITE IMAGERY
The availability and value of high-quality commercial
satellite imagery to support a wide range of national security
applications, including intelligence, military operations,
disaster relief and response, and scientific research is
increasing rapidly. However, there is concern that the federal
government is not adequately leveraging its buying power to
ensure the best value and is not minimizing the redundancy and
duplication of purchases across all departments, agencies, and
offices, including government-sponsored activities at non-
profit organizations and academic institutions.
Therefore, the agreement directs the Comptroller General to
provide a report to the congressional defense committees, not
later than 180 days after the enactment of this Act, with an
inventory of contracts for commercial imagery products and
Services across the national security community; a
determination of the effectiveness of coordination on
procurements for these products and Services; an identification
of any areas where there is duplication or redundant
procurements; and recommendations on actions to improve the
coordination, efficiency, and effectiveness of procurements for
commercial satellite imagery and related Services.
SUPPLY CHAIN RISK MANAGEMENT
Sections 845 and 847 of the National Defense Authorization
Act for fiscal year 2020 require the Department of Defense to
use technology and analytic tools to expand its efforts to
identify, mitigate, and monitor supply chain risks, including
foreign ownership, control, and influence (FOCI) across the
classified and unclassified defense industrial base. The
Defense Counterintelligence and Security Agency's (DCSA's)
Critical Technology Protection Directorate supports the
Department's efforts to comply with these new requirements for
protecting supply chains aimed at further reducing defense
industrial base risks.
In addition, the agreement directs the Under Secretary of
Defense for Intelligence and Security to provide a report to
the House and Senate Appropriations Committees not later than
60 days after the enactment of this Act that enumerates and
discusses the distinct analytic tools and innovative
technological enhancements in which the DCSA is investing to
assess, mitigate, and continuously monitor FOCI in Department
of Defense contracts and subcontracts.
SPACE DEVELOPMENT AGENCY UNITED STATES INDO-PACIFIC COMMAND MISSILE
TRACKING DEMONSTRATION
The fiscal year 2022 President's budget request includes
$882,887,000 in the Research, Development, Test and Evaluation,
Defense-Wide and Procurement, Defense-Wide accounts to develop,
integrate, test, and launch 28 transport and tracking
satellites as part of the Space Development Agency's (SDA)
Tranche 0 capability acquisition. Further, the budget request
includes funds to initiate development of SDA's Tranche 1
capability to begin filling out the proliferated National
Defense Space Architecture (NDSA). It is noted that subsequent
to the budget submission, SDA changed the launch strategy for
Tranche 1 from a ``delivery on orbit'' to using the National
Security Space Launch (NSSL) Phase 2 contract. This revised
approach is supported and adjustments are recommended only to
reflect that revised launch strategy for Tranche 1 consistent
with previous congressional direction, as detailed in the table
of Explanation of Project Level adjustments accompanying this
section. It is noted that any change to this revised launch
strategy for Tranche 1 is subject to the criteria contained
under the heading ``National Security Space Launch'' included
in the ``Procurement, Space Force'' section of this joint
explanatory statement.
It is understood that the U.S. Indo-Pacific Command
(USINDOPACOM) has a need for additional wide and medium field
of view satellites (W/MFOV) that are not included in Tranche 0
or Tranche 1 of the NDSA. These satellites provide intelligence
and warning, tracking, and targeting of missile threats. The
agreement includes $550,000,000 only for such a satellite
demonstration for USINDOPACOM, to be managed and executed only
by SDA. The Director, SDA is directed to provide to the
congressional defense committees an updated cost estimate to
address USINDOPACOM's W/MFOV requirements, to include an
acquisition and contract strategy not later than 30 days after
the enactment of this Act. Direction regarding the procurement
of launch Services included elsewhere in this statement under
the heading ``National Security Space Launch'' shall also apply
to these funds.
DEFENSE ADVANCED RESEARCH PROJECTS AGENCY ASSAULT BREAKER II
The fiscal year 2022 President's budget request includes
$51,154,000 for DARPA's Assault Breaker II (AB II) initiative.
The agreement includes an additional $50,000,000 only to
accelerate AB II development in the U.S. Indo-Pacific Command,
increase the pace of experiments, and enhance the modeling and
simulation environment. Further direction with respect to AB II
is included the classified annex accompanying this Act.
DARPA HYPERSONICS AND SPACE RISK REDUCTION
The fiscal year 2022 President's budget request includes
$121,067,000 for DARPA to continue risk reduction, development,
and testing of hypersonics weapons and space capabilities, to
include the Hypersonic Air-Breathing Weapon Concept, Tactical
Boost Glide, Blackjack, and Robotic Servicing of Geosynchronous
Satellites. The agreement includes an additional $100,000,000,
only for these programs in Research, Development, Test and
Evaluation, Defense-Wide program elements 0603286E and
0603287E. It is directed that none of these additional funds
may be obligated or expended until 60 days after the Director
of DARPA, in coordination with the respective transition
service leads, briefs the congressional defense committees on a
spend plan and schedule for these funds, to include partner
funding and transition plans.
DARPA ELECTRONICS RESURGENCE INITIATIVE 2.0
The fiscal year 2022 President's budget request includes
$330,500,000 for DARPA's Electronics Resurgence Initiative 2.0
(ERI 2.0). ERI 1.0 aimed to forge forward-looking
collaborations among the commercial electronics community, the
defense industrial base, university researchers, and the
Department of Defense to ensure far-reaching improvements in
electronics performance. It is understood that under ERI 2.0,
DARPA will build on these efforts and continue investment in
dual-use research, adding new areas relevant to manufacturing
and national security. The agreement includes an additional
$80,000,000 to accelerate ERI 2.0. It is directed that none of
the additional funds may be obligated or expended until 60 days
after the Director of DARPA, briefs the congressional defense
committees on a strategy for ERI 2.0, to include an update on
collaborations established under ERI and DARPA's role within
the Department of Defense microelectronics enterprise and
strategy.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE PROGRAM
ELEMENT STRUCTURE
The fiscal year 2022 President's budget request proposes
the consolidation of several smaller budget lines/projects into
larger budget lines, and proposes substantial growth for
several budget lines that contain significant internal funding
execution flexibility. It is noted that this particularly
impacts the Defense Threat Reduction Agency and Chemical
Biological Defense Program budget lines. Given the critical
nature of these agencies' missions, these respective budget
requests are supported in the agreement. However, the Under
Secretary of Defense (Comptroller) and the Director of Cost
Assessment and Program Evaluation are directed to review the
program element structure of the Research, Development, Test
and Evaluation, Defense-Wide appropriations account to inform
the fiscal year 2023 President's budget request.
CYBER EDUCATION DIVERSITY INITIATIVE
The Secretary of Defense is directed to provide to the
congressional defense committees with submission of the fiscal
year 2023 President's budget request, a report on the scope,
scale, and impact of the Cyber Education Diversity Initiative.
The report should detail the number and nature of participating
institutions, funds expended in support of the initiative, and
an initial evaluation of the impact on cyber education.
SCIENCE, TECHNOLOGY, ENGINEERING AND MATH (STEM) PROGRAMS
The agreement includes an additional $14,000,000 for STEM
programs. The Secretary of Defense is encouraged to partner
with organizations with an established history of providing
scholarships to students pursuing an education in these fields.
CIVIL SOCIETY
The agreement includes $15,000,000 for civil society
programs. The Secretary of Defense is directed to work with
universities with ethics and public affairs programs to promote
civil society education and outreach, including among military
and non-military communities.
HYPERSONIC TESTING FACILITY REACTIVATION
The agreement provides $29,500,000 in Research,
Development, Test and Evaluation, Defense-Wide for hypersonic
test facilities to carry out the activities necessary for the
reactivation of previously decommissioned synthetic air
hypersonic propulsion test facilities, including expenses
necessary for the relocation of affected NASA capabilities or
facilities.
BIOINDUSTRIAL CAPABILITIES AND MANUFACTURING TECHNOLOGIES
There continues to be need for U.S. biotechnology
innovation and securing the domestic bioindustrial base. A
Bioindustrial Manufacturing Innovation Institute has been
established to provide a reliable American source of
bioindustrial capabilities and manufacturing technologies. It
is noted that the Department remains committed to this effort
and that Congress has reaffirmed support for the effort to
accelerate biotechnology modernization by providing funding for
the institute. The agreement encourages the Under Secretary of
Defense (Research and Engineering) to work closely with the
partners involved and provide a briefing to the House and
Senate Appropriations Committees, Subcommittees on Defense not
later than 45 days after enactment of this Act with details of
specific capabilities envisioned for the institute, along with
a timeline and cost projection in order to deliver those
capabilities.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement provides $276,591,000 for Operational Test
and Evaluation, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION............... 105,394 105,394
LIVE FIRE TESTING............................. 68,549 103,549
Program increase--lab and test range ........... 9,000
upgrades--space............................
Program increase--lab and test range ........... 13,000
upgrades--electromagnetic spectrum.........
Program increase--lab and test range ........... 7,000
upgrades--hypersonics......................
Program increase--lab and test range ........... 6,000
upgrades--targets..........................
OPERATIONAL TEST ACTIVITIES AND ANALYSIS...... 42,648 67,648
Program increase--lab and test range ........... 12,000
upgrades--directed energy..................
Program increase--lab and test range ........... 13,000
upgrades--targets..........................
-------------------------
TOTAL, OPERATIONAL TEST & EVALUATION, 216,591 276,591
DEFENSE..................................
------------------------------------------------------------------------
CERTIFICATION OF FUNDING FOR TEST INFRASTRUCTURE AND TEST EVENT
RESOURCES
It is concerning that funding required for test and
evaluation infrastructure, assets, and personnel is routinely
placed at risk by the Department of Defense and the Services
during the budget planning and formulation process. Therefore,
the Director of Operational Test and Evaluation, is directed to
assess and certify to the congressional defense committees with
submission of the fiscal year 2023 President's budget request
that the Department of Defense's and Services' test
infrastructure, assets, and personnel are fully funded in the
budget year and the future years defense program to support
agreed-upon Test and Evaluation Master Plans for major defense
acquisition programs and test assessments for prototyping
programs. Further, the Director of Operational Test and
Evaluation, is directed to identify--where applicable--
shortfalls by service and program.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $2,017,000,000 in Title V, Revolving
and Management Funds.
DEFENSE WORKING CAPITAL FUNDS
The agreement provides $2,017,000,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................... 384,711 499,711
Industrial Operations....................... 26,935 26,935
Program increase--Arsenals Initiative..... ........... 115,000
Supply Management........................... 357,776 357,776
WORKING CAPITAL FUND, NAVY.................... 150,000 150,000
Supply Management........................... 150,000 150,000
WORKING CAPITAL FUND, AIR FORCE............... 77,453 77,453
Supply Management........................... 77,453 77,453
WORKING CAPITAL FUND, DEFENSE WIDE............ 127,765 127,765
Energy Management........................... 40,000 40,000
Supply Chain Management..................... 87,765 87,765
DEFENSE WORKING CAPITAL FUND, DECA............ 1,162,071 1,162,071
-------------------------
TOTAL, DEFENSE WORKING CAPITAL FUNDS...... 1,902,000 2,017,000
------------------------------------------------------------------------
ADVANCE BILLING LIMITATION FOR WORKING CAPITAL FUNDS
The agreement includes a general provision that doubles the
allowable amount of advance billing of a customer of a working
capital fund for fiscal year 2022 only. The Secretary of
Defense is encouraged to work with the congressional defense
committees to seek an exception to the dollar limitation
imposed by section 2208(l)(3) of title 10 in the event of a
declaration of a national emergency by the President.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $39,808,546,000 in Title VI, Other
Department of Defense Programs, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
DEFENSE HEALTH PROGRAM
The agreement provides $37,350,182,000 for the Defense
Health Program, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
The agreement directs that the In-House Care and Private
Sector Care budget sub-activities remain designated as
congressional special interest items. Any transfer of funds
into or out of these sub-activities requires the Secretary of
Defense to follow prior approval reprogramming procedures. The
Secretary of Defense is further directed to provide a report to
the congressional defense committees not later than 30 days
after the enactment of this Act that delineates transfers of
funds and the dates they occurred from the Private Sector Care
budget sub-activity to any other budget sub-activity in fiscal
year 2021.
The Assistant Secretary of Defense for Health Affairs is
directed to provide quarterly reports and briefings to the
congressional defense committees on budget execution data for
all of the Defense Health Program budget activities not later
than 30 days after the end of each fiscal quarter and to
adequately reflect changes to the budget activities requested
by the Services in future budget submissions.
CARRYOVER
The agreement provides one percent carryover authority for
the Operation and Maintenance account of the Defense Health
Program. The Assistant Secretary of Defense for Health Affairs
is directed to submit a detailed spend plan for any fiscal year
2021 designated carryover funds to the congressional defense
committees not less than 30 days prior to executing the
carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $130,000,000 for the peer-reviewed
cancer research program to research cancers not addressed in
the breast, pancreatic, prostate, ovarian, kidney, lung,
melanoma, and rare cancer research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: bladder cancer; blood cancers; brain cancer;
colorectal cancer; endometrial cancer; esophageal cancer; germ
cell cancers; head and neck cancer; liver cancer; lymphoma;
mesothelioma; metastatic cancers; myeloma; neuroblastoma;
pediatric brain tumors; pediatric, adolescent, and young adult
cancers; sarcoma; stomach cancer; thyroid cancer; and Von
Hippel-Lindau syndrome malignancies (excluding cancers of the
kidney and pancreas).
The peer-reviewed cancer research program shall be used
only for the purposes listed above. The inclusion of the
individual rare cancer research program shall not prohibit the
peer-reviewed cancer research program from funding the above-
mentioned cancers or cancer subtypes that may be rare by
definition. The report directed under this heading in House
Report 117-88 is still required to be provided not later than
12 months after the enactment of this Act.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $370,000,000 for a peer-reviewed
medical research program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit and
direct relevance to military health. Research areas considered
under this funding are restricted to: arthritis,
cardiomyopathy, congenital heart disease, diabetes, dystonia,
eating disorders, viral diseases, endometriosis, epidermolysis
bullosa, familial hypercholesterolemia, fibrous dysplasia,
focal segmental glomerulosclerosis, food allergies, Fragile X,
frontotemporal degeneration, Guillain-Barre syndrome,
hemorrhage control, hepatitis B, hydrocephalus,
hypercholesterolemia, hypertension, inflammatory bowel
diseases, interstitial cystitis, malaria, mitochondrial
disease, myalgic encephalomyelitis/chronic fatigue syndrome,
myotonic dystrophy, nephrotic syndrome, non-opioid therapy for
pain management, nutrition optimization, pathogen-inactivated
blood products, peripheral neuropathy, plant-based vaccines,
platelet like cell production, polycystic kidney disease,
pressure ulcers, pulmonary fibrosis, respiratory health, Rett
syndrome, rheumatoid arthritis, sleep disorders and
restriction, suicide prevention, sustained release drug
delivery, trauma, vascular malformations, women's heart
disease, Ehlers-Danlos syndrome, pancreatitis, musculoskeletal
disorders related to acute and chronic bone conditions and
injuries, and Friedreich's ataxia. The additional funding
provided under the peer-reviewed medical research program shall
be devoted only to the purposes listed above.
ELECTRONIC HEALTH RECORDS
The agreement directs the Secretary of Defense to provide a
report to the congressional defense committees not later than
90 days after the enactment of this Act on the status of the
installation of all remaining information technology and
related infrastructure required to complete the deployment of
the electronic health record system, including the timeline to
complete installation and costs associated, if the Department
accelerated the deployment timeline.
The agreement directs the Comptroller General to continue
quarterly performance reviews of the deployment of MHS GENESIS
with a focus on whether the program is meeting expected cost,
schedule, scope, quality, and risk mitigation expectations. It
is expected that the Program Executive Officer of Defense
Healthcare Management Systems (PEO DHMS) will facilitate
quarterly performance reviews by providing the Comptroller
General with regular and in-depth access to the program.
The agreement directs the PEO DHMS to provide monthly
reports not later than 15 days after the end of each month to
the congressional defense committees on the status of all open
incident reports, as well as the 46 high priority incident
reports, in order to better track the progress of resolving the
issues identified in the initial deployment of MHS GENESIS. The
PEO DHMS, in conjunction with the Director of the Interagency
Program Office and the Director of the Defense Health Agency,
is directed to provide quarterly reports not later than 30 days
after the end of each fiscal quarter to the congressional
defense committees and the Government Accountability Office on
the cost of the program, including indirect costs being funded
outside of the DHMS Modernization Electronic Health Record
program and schedule of the program, to include milestones,
knowledge points, and acquisition timelines, as well as
quarterly obligation reports.
The Director of the Interagency Program Office is directed
to provide quarterly reports to the House and Senate
Appropriations Committees, Subcommittees on Defense and
Military Construction, Veterans Affairs, and Related Agencies
on the progress of interoperability between the two
Departments.
JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM
The Assistant Secretary of Defense for Health Affairs is
directed to submit a report, not later than 12 months after the
enactment of this Act, to the congressional defense committees
that lists the projects that receive funding under the Joint
Warfighter Medical Research Program. The report shall include
the funding amount awarded to each project, a thorough
description of each project's research, and the benefit the
research will provide to the Department of Defense.
TRAUMATIC BRAIN INJURY/PSYCHOLOGICAL HEALTH
The Assistant Secretary of Defense for Health Affairs is
directed to submit a report to the congressional defense
committees not later than 18 months after the enactment of this
Act on expenditure and obligation data of additional funding
added by Congress for psychological health and traumatic brain
injury.
ORTHOTICS AND PROSTHETICS OUTCOMES RESEARCH
The Assistant Secretary of Defense for Health Affairs is
directed to provide a report, not later than 18 months after
the enactment of this Act, to the congressional defense
committees on the peer-reviewed projects that receive funding
under the Orthotics and Prosthetics Outcomes research funding
line. The report shall include the funding amount awarded to
each project and the anticipated effect on patient care.
CHRONIC PAIN MANAGEMENT RESEARCH
The funds provided in the chronic pain management research
program shall be used to conduct research on the effects of
using prescription opioids to manage chronic pain and for
researching alternatives, namely non-opioid or non-addictive
methods to treat and manage chronic pain, with a focus on
issues related to military populations.
DEPARTMENT OF DEFENSE CONTROLLED ACCESS TO HEALTH INFORMATION
The Assistant Secretary of Defense for Health Affairs is
directed to provide a report, not later than 180 days after the
enactment of this Act, to the congressional defense committees,
detailing the implementation of Office of Inspector General
(OIG) recommendations related to effectively controlling access
to health information of Department of Defense personnel. The
report shall include any additional cybersecurity measures
taken as a result of the OIG's findings.
MILITARY TREATMENT FACILITY TRANSITION
The agreement notes that the military departments continue
to have a significant role in the administration of the
military treatment facilities (MTF), especially the transition
of more than 40 functional capabilities identified in the
Defense Health Agency's (DHA) implementation plan that are
wide-ranging, including capabilities like military personnel
management, acquisitions, religious support services, clinical
operations, and clinical quality. The agreement directs the
Comptroller General to provide the congressional defense
committees a report not later than 90 days after the enactment
of this Act on the status of the transition of MTFs to the DHA.
The report shall include (1) a review of functions at
facilities that have already transitioned, including DHA's role
or management and the administration support that the Services
are providing and a timeline for that support to cease; (2)
cost implications of the transition, including the Department's
plan for maximizing efficiencies and reducing duplication; (3)
the current and planned DHA staffing model; and (4) how the DHA
will ensure that the Services' medical requirements are
considered and met. The agreement further directs the
Department to continue to provide any updates regarding the MTF
transition directly to the congressional defense committees in
a timely manner in order to facilitate appropriate
congressional oversight.
REDUCTION OF MILITARY BILLETS
The agreement does not include funding requested in the
fiscal year 2022 President's budget request for a reduction in
military medical providers in order to increase the number of
operational billets required for lethality. The Section 719
Report to Congress on Military Medical Reductions to Meet
Operational Requirements was submitted in August 2021, and the
agreement finds that questions and concerns remain, especially
related to analysis of military medical manpower requirements,
market adequacy assumptions, and the ability to hire civilian
or contract replacements. The agreement directs the Assistant
Secretary of Defense for Health Affairs to brief the
congressional defense committees not later than 60 days after
the enactment of this Act on the Department's efforts to
respond to reports about the quality and availability of
civilian providers, along with other concerns raised in the May
2020 Government Accountability Office evaluation regarding the
restructuring plan of military treatment facilities.
PEER-REVIEWED TOXIC EXPOSURES RESEARCH PROGRAM
The agreement notes the number of known and unknown
potentially harmful substances that servicemembers are exposed
to as part of their military service. Research linked to
exposures through various congressionally directed medical
research programs, including the Peer-Reviewed Neurotoxin
Exposure Treatment Parkinson's Research Program, started in
1997 with a focus on dopaminergic neurons that result in
Parkinson's disease. Since 2006, the Peer-Reviewed Gulf War
Illness Research Program has also received congressionally
directed funding to study the health impacts caused by
deployment of warfighters during the Persian Gulf War. The
agreement remains committed to helping veterans affected by
Parkinson's disease, Gulf War illness, and others exposed to
potentially toxic substances which result in multiple, diverse
symptoms and health abnormalities.
Transitioning related research to a new, broader program,
including neurotoxin exposure treatment research, research on
Gulf War illness, exposures to burn pits, and other service-
related exposures to potentially toxic chemicals and materials
will allow the research community to improve scientific
understanding and pathobiology from exposure, more efficiently
assess comorbidities, and speed the development of treatments,
cures, and preventions. Therefore, the agreement recommends
$30,000,000 for a peer-reviewed toxic exposures research
program. The funds provided in this program are directed to be
used to conduct research of clear scientific merit and direct
relevance to neurotoxin exposure; Gulf War illness and its
treatment; airborne hazards and burn pits; as well as toxic
military exposures in general, including prophylactic
medications, pesticides, organophosphates, toxic industrial
chemicals, materials, metals, and minerals. The agreement
directs the Director of Congressionally Directed Medical
Research Programs, to ensure that the program is conducted
using competitive selection and peer-review for the
identification of research with the highest technical merit and
military benefit. Further, the agreement directs that this
program be coordinated with similar activities in the
Department of Veterans Affairs. Collaborations between
researchers at military or veteran institutions and non-
military research institutions are encouraged to leverage the
knowledge, infrastructure, and access to military and veteran
populations. The inclusion of the toxic exposures research
program shallnot prohibit research in any other congressionally
directed research program that may be associated with
conditions or health abnormalities which may have been the
result of toxic exposures.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement provides $1,094,352,000 for Chemical Agents
and Munitions Destruction, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................... 93,121 93,121
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 1,001,231 1,001,231
-------------------------
Total, Chemical Agents and Munitions 1,094,352 1,094,352
Destruction, Defense.....................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $925,649,000 for Drug Interdiction
and Counter-Drug Activities, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
COUNTER-NARCOTICS SUPPORT..................... 593,250 579,750
Project 1387 insufficient budget ........... -8,500
justification..............................
Reduce duplicative efforts.................. ........... -5,000
DRUG DEMAND REDUCTION PROGRAM................. 126,024 126,024
NATIONAL GUARD COUNTER-DRUG PROGRAM........... 96,970 194,211
Program increase............................ ........... 97,241
NATIONAL GUARD COUNTER-DRUG SCHOOLS........... 5,664 25,664
Program increase............................ ........... 20,000
-------------------------
Total, Drug Interdiction and Counter-Drug 821,908 925,649
Activities, Defense......................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $194,211,000 for the National Guard
Counter-Drug Program and an additional $33,696,000 is included
under Counter-Narcotics Support for operational support to the
National Guard.
The Secretary of Defense is directed to ensure that
international programs requested and supported by this account
do not duplicate programs funded under the Defense Security
Cooperation Agency (DSCA) in the Operation and Maintenance,
Defense-Wide (OM,DW) account. Any notification of funds
execution submitted pursuant to 10 U.S.C. 284 shall identify
any resources within the DSCA OM,DW account that are allocated
for similar or related purposes.
The Secretary of Defense is directed to provide quarterly
reports to the House and Senate Appropriations Committees on
the use and status of funds provided under this heading,
including information for each project as identified in the PB-
47 Project Definitions budget exhibit of the fiscal year 2022
budget justification materials and other documentation
supporting the fiscal year 2022 budget request.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $438,363,000 for the Office of the
Inspector General, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................... 435,918 435,918
PROCUREMENT................................... 80 80
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 2,365 2,365
-------------------------
Total, Office of the Inspector General.... 438,363 438,363
------------------------------------------------------------------------
QUARTERLY END STRENGTH AND EXECUTION REPORTS
The agreement directs the Department of Defense Inspector
General to provide quarterly reports to the congressional
defense committees on civilian personnel end strength, full-
time equivalents, and budget execution not later than 15 days
after the end of each fiscal quarter. The reports should
contain quarterly civilian personnel end strength and full-time
equivalents (FTE) as well as an estimate of fiscal year end
strength and fiscal year FTE. The reports should also include
quarterly budget execution data along with revised fiscal year
estimated execution data. The Inspector General is directed to
provide realistic end of fiscal year estimates based on
personnel trends to date.
The agreement does not include the directive under this
heading in House Report 117-88 regarding assessment of the
program to monitor, evaluate, and oversee funds appropriated
under the heading Afghanistan Security Forces Fund.
TITLE VII--RELATED AGENCIES
The agreement provides $1,101,100,000 in Title VII, Related
Agencies, as follows:
[GRAPHIC] [TIFF OMITTED] TH9033001.352
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate, detailed, and comprehensive classified annex. The
Intelligence Community, the Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2022.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $587,100,000, a decrease of
$46,900,000 below the budget request, for the Intelligence
Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions which were
not amended. Those general provisions that were addressed in
the agreement are as follows:
The agreement includes a provision proposed by the House
which provides for the general transfer authority of funds to
other military functions.
The agreement modifies a provision which identifies tables
as Explanation of Project Level Adjustments.
The agreement includes a provision proposed by the House
which provides for the establishment of a baseline for
application of reprogramming and transfer authorities for the
current fiscal year.
The agreement modifies a provision regarding limitations
and conditions on the use of funds made available in this Act
to initiate multiyear procurement contracts. The House bill
contained a similar provision.
The agreement modifies a provision proposed by the House
regarding management of civilian personnel of the Department of
Defense.
The agreement modifies a provision for the transfer of
funds appropriated in title III of this Act for the Department
of Defense Pilot Mentor-Protege Program.
The agreement retains a provision proposed regarding
limitations on the use of funds to purchase anchor and mooring
chains. The House included a similar provision.
The agreement includes a provision for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544).
The agreement includes a provision to provide for the
availability of funds for the mitigation of environmental
impacts on Indian lands resulting from Department of Defense
activities.
The agreement does not include a provision that establishes
a minimum wage for the contractor workforce.
The agreement does not include a provision related to
covered reports.
The agreement retains a provision which restricts the use
of funds to reduce or prepare to reduce the number of deployed
and non-deployed strategic delivery vehicles and launchers. The
House bill did not contain a similar provision.
The agreement modifies a provision to provide funding in
the Army's Working Capital Fund to maintain competitive rates
at the arsenals.
The agreement includes a provision which provides funding
for the Civil Air Patrol Corporation.
The agreement modifies a provision that prohibits funding
from being used to establish new Department of Defense
Federally Funded Research and Development Centers with certain
limitations.
The agreement includes a prohibition on funding being used
for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin.
The agreement modifies a provision providing appropriations
for a National Defense Stockpile Transaction Fund for the
acquisition and retention of certain critical materials.
The agreement retains a prohibition on the use of funds for
the purchase or manufacture of a United States flag unless such
flags are treated as covered items under section 2533a(b) of
title 10, United States Code. The House bill contained a
similar provision.
The agreement retains a provision that provides authority
to use operation and maintenance appropriations to purchase
items having an investment item unit cost of not more than
$250,000. The House bill contained a similar provision.
The agreement includes a provision proposed by the House to
prohibit the use of funds in contravention of the First
Amendment.
The agreement retains a provision that restricts any
funding to be used for the retirement or divestiture of RQ-4
Global Hawk Block 40 aircraft and prohibits deactivation of the
corresponding squadrons. The House bill contained no similar
provision.
The agreement modifies a provision that provides authority
to use operation and maintenance appropriations for the Asia
Pacific Regional Initiative Program.
The agreement includes a provision proposed by the House
that places certain limitations on the use of funds made
available in this Act to establish field operating agencies.
The agreement retains a provision that places restrictions
on converting to contractor performance an activity or function
of the Department of Defense unless it meets certain guidelines
provided. The House bill contained a similar provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$3,305,725,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2020 Appropriations:
Missile Procurement, Army:
Stinger Mods....................................... 5,000,000
Lethal Miniature Aerial Missile System............. 1,953,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
M240 Medium Machine Gun Mods....................... 4,500,000
Other Procurement, Army:
Bridge Supplemental Set............................ 13,000,000
Other Procurement, Navy:
Small and Medium UUV............................... 3,500,000
Aircraft Procurement, Air Force:
Combat Rescue Helicopter........................... 18,200,000
Target Drones...................................... 9,741,000
MQ-9 Reaper........................................ 1,000,000
B-1B............................................... 5,488,000
LAIRCM............................................. 30,000,000
F-15............................................... 14,984,000
F-22A.............................................. 21,842,000
Increment 3.2B..................................... 2,000,000
C-130J Mods........................................ 6,097,000
C-135.............................................. 12,592,000
E-4................................................ 13,341,000
MQ-9 Mods.......................................... 14,000,000
Initial Spares/Repair Parts........................ 4,200,000
Missile Procurement, Air Force:
Small Diameter Bomb................................ 40,000,000
Other Procurement, Air Force:
ATCALS............................................. 3,000,000
Base Communication Infrastructure.................. 20,000,000
Combat Training Ranges............................. 15,000,000
2021 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA Security Cooperation.......................... 75,000,000
Coalition Support Funds............................ 26,000,000
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund................... 700,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund.................. 250,000,000
Aircraft Procurement, Army:
AH-64 Apache Block IIIA (AP)....................... 5,000,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
M240 Medium Machine Gun Mods....................... 4,533,000
Procurement of Ammunition, Army:
Cartridges, Tank, 105mm and 120mm, All Types....... 37,500,000
Shoulder Launched Munitions, All Types............. 23,788,000
CAD/PAD, All Types................................. 3,466,000
Other Procurement, Army:
Joint Information Environment...................... 3,177,000
Aircraft Procurement, Navy:
V-22 (Medium Lift) AP.............................. 15,210,000
CH-53K............................................. 36,572,000
Weapons Procurement, Navy:
Standard Missile................................... 16,148,000
Drones and Decoys.................................. 19,956,000
Small Arms and Weapons............................. 931,000
Procurement of Ammunition, Navy and Marine Corps:
Pyrotechnic and Demolition......................... 1,744,000
Mortars............................................ 3,450,000
Shipbuilding and Conversion, Navy:
DDG-51 AP.......................................... 130,000,000
Other Procurement, Navy:
LHA/LHD Midlife.................................... 3,445,000
LCS MM Mission Modules............................. 10,246,000
LCS In-Service Modification........................ 35,634,000
Procurement, Marine Corps:
Radio Systems...................................... 80,109,000
Aircraft Procurement, Air Force:
F-15EX............................................. 76,856,000
KC-46A MDAP........................................ 88,170,000
MC-130J............................................ 57,400,000
MH-139A............................................ 194,016,000
Combat Rescue Helicopter........................... 17,600,000
MQ-9 Reaper........................................ 20,000,000
B-52............................................... 9,100,000
A-10............................................... 39,000,000
F-16............................................... 16,187,000
F-22A.............................................. 15,810,000
F-35 Mods.......................................... 5,079,000
T-6................................................ 2,700,000
C-130.............................................. 1,980,000
MQ-9 Mods.......................................... 10,700,000
Initial Spares/Repair Parts........................ 131,177,000
F-16 Post-Production Support....................... 5,000,000
Procurement, Space Force:
GPS III Follow-On.................................. 18,000,000
National Security Space Launch..................... 17,700,000
Procurement of Ammunition, Air Force:
JDAM............................................... 339,289,000
B61................................................ 12,400,000
Other Procurement, Air Force:
Medium Tactical Vehicle............................ 3,400,000
Combat Training Ranges............................. 20,990,000
MEECN.............................................. 15,000,000
Classified Adjustment.............................. 40,000,000
Research, Development, Test, and Evaluation, Army:
Technology Maturation Initiatives.................. 16,663,000
Infantry Support Weapons........................... 14,200,000
Brilliant Anti-Armor Submunition................... 20,175,000
Weapons and Munitions--Eng Dev..................... 3,913,000
Landmine Warfare/Barrier--Eng Dev.................. 1,925,000
155mm Self-Propelled Howitzer Improvements......... 22,709,000
Research, Development, Test, and Evaluation, Navy:
Next Generation Jammer, Increment II............... 51,500,000
Advanced Arresting Gear............................ 4,000,000
JNT Standoff Weapon System......................... 5,500,000
Cooperative Engagement Capability.................. 7,022,000
Research, Development, Test, and Evaluation, Space
Force:
Next-Generation OPIR............................... 100,000,000
Space Test and Training Range Development.......... 2,000,000
Satellite Control Network.......................... 10,000,000
Ballistic Missile Defense Radars................... 8,500,000
Research, Development, Test, and Evaluation, Defense-
Wide:
Microelectronics Restructure, BA 4................. 14,451,000
Microelectronics Restructure, BA 5................. 8,216,000
DARPA.............................................. 53,000,000
Classified Adjustment.............................. 33,050,000
No-Year Appropriations:
Defense Working Capital Funds:
Defense Counterintelligence and Security Agency 30,000,000
Working Capital Fund..............................
------------------------------------------------------------------------
The agreement includes a provision proposed by the House to
provide for reimbursement to the National Guard and reserve
when members of the National Guard and reserve provide
intelligence or counterintelligence support to the combatant
commands, defense agencies, and joint intelligence activities.
The agreement includes a provision proposed by the House to
provide funding for Red Cross and United Service Organizations
grants.
The agreement includes a provision proposed by the House to
provide funding for Sexual Assault Prevention and Response
Programs.
The agreement retains language prohibiting the amendment or
funding to separate, or to consolidate from within, the
National Intelligence Program budget from the Department of
Defense budget. The House bill contained a similar provision.
The agreement includes a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc.
The agreement includes a new provision that provides
funding to improve tactical artificial intelligence at the
combatant commands.
The agreement retains a provision that provides for the
funding of prior year shipbuilding cost increases. The House
bill contained a similar provision.
The agreement includes a provision proposed by the House
regarding contingency budget operations.
The agreement includes a new provision that provides
funding available for transfer to various Department of Defense
accounts for purposes of recruiting and training an artificial
intelligence-literate acquisition workforce.
The agreement does not include a provision to prohibit the
use of funds for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development
Account, as the provision has been addressed in an
authorization bill.
The agreement includes a provision proposed by the House
prohibiting the use of funds to provide certain missile defense
information to certain entities.
The agreement includes a provision proposed by the House on
the use of funds in the Shipbuilding and Conversion, Navy
account to purchase five used auxiliary vessels for the
National Defense Reserve Fleet.
The agreement does not include a provision that revises
economic assumptions.
The agreement does not include a provision related to the
rapid prototyping fund.
The agreement does not include a provision that establishes
a reporting requirement related to the National Instant
Criminal Background Check System.
The agreement retains a provision that prohibits the use of
funds to award a new TAO Fleet Oiler or FFG Frigate program
contract for the acquisition of certain components unless those
components are manufactured in the United States. The House
bill contained a similar provision.
The agreement modifies a provision proposed by the House
that prohibits funds for the development and design of certain
future naval ships unless any contract specifies that all hull,
mechanical, and electrical components are manufactured in the
United States.
The agreement includes a provision proposed by the House
regarding the prohibition on funds for the decommissioning of
any Littoral Combat Ships.
The agreement includes a provision proposed by the House
regarding a prohibition on the use of funds for gaming or
entertainment that involves nude entertainers.
The agreement modifies a provision proposed by the House
that makes funds available through the Office of Local Defense
Community Cooperation for transfer to the Secretary of
Education, to make grants to construct, renovate, repair, or
expand elementary and secondary public schools on military
installations.
The agreement includes a provision proposed by the House
providing guidance on the implementation of the Policy for
Assisted Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured Active Duty Service Members.
The agreement retains a provision on the use of funds to
modify two F-35 Joint Strike Fighters per variant to a test
configuration. The House bill contained a similar provision.
The agreement does not include a provision proposed by the
House regarding death gratuity payments.
The agreement does not include a provision proposed by the
House regarding advance billing for background investigations.
The agreement includes a provision proposed by the House
regarding the prohibition of funds from being used to transfer
the National Reconnaissance Office to the Space Force.
The agreement modifies a provision proposed by the House
that requires the Secretary of Defense to make a certification
prior to the transfer of any element to the Space Force.
The agreement includes a provision proposed by the House to
prohibit funds to establish a field operating agency of the
Space Force.
The agreement includes a new provision that provides the
authority to exceed Working Capital Fund monetary limitations.
The agreement does not include a provision proposed by the
House regarding the control and management of the budget for
Cyber Mission Forces.
The agreement does not include a provision regarding fuel
costs.
The bill modifies a provision proposed by the House to
provide funds for agile development, test and evaluation,
procurement, production and modification, and the operation and
maintenance for certain software pilot programs.
The agreement modifies a provision proposed by the House
that provides funding for mitigation of military aircraft
noise.
The agreement does not include a provision proposed by the
House related to section 365 of H.R. 1280 of the 117th
Congress.
The agreement includes a provision proposed by the House
regarding the obligation of funds in anticipation of receipt of
contributions from the Government of Kuwait.
The agreement includes a provision proposed by the House to
require notification of the receipt of contributions from
foreign governments.
The agreement retains a provision regarding the procurement
of certain vehicles in the United States Central Command area.
The House bill contained a similar provision.
The agreement does not include a provision proposed by the
House that provides for the purchase of items of a particular
investment unit cost from funding made available for operation
and maintenance.
The agreement includes a provision proposed by the House
regarding the prohibition on the use of funds with respect to
Iraq in contravention of the War Powers Resolution.
The agreement includes a provision proposed by the House
regarding a prohibition on the use of funds with respect to
Syria in contravention of the War Powers Resolution.
The agreement includes a provision proposed by the House
related to the use of force against Iran and North Korea.
The agreement modifies a prohibition proposed by the House
on the establishment of permanent bases in Iraq or Afghanistan
or United States control over Iraq or Syria oil resources.
The agreement does not include a provision proposed by the
House regarding foreign bases.
The agreement does not include a provision proposed by the
House regarding quarterly reports on the deployment of United
States Armed Forces.
The agreement modifies a provision proposed by the House
regarding a prohibition on the use of funding under certain
headings to procure or transfer man-portable air defense
systems.
The agreement does not include a provision proposed by the
House regarding the transfer of aircraft to the Afghanistan
Nation Security Forces.
The agreement does not include a provision proposed by the
House regarding the Afghanistan Security Forces Fund.
The agreement does not include a provision proposed by the
House regarding the training and equipment of Afghanistan
Security Forces Fund.
The agreement does not include a provision proposed by the
House regarding the transport and safe passage of Afghans.
The agreement modifies a provision proposed by the House
and provides funding for International Security Cooperation
Programs.
The agreement modifies a provision proposed by the House
that allows for funding appropriated to the Defense Security
Cooperation Agency to be used to support coalition forces to
counter the Islamic State of Iraq and Syria.
The agreement includes a provision proposed by the House to
provide funding to reimburse certain countries for border
security.
The agreement includes a provision proposed by the House to
provide security assistance to the Government of Jordan.
The agreement modifies a provision to provide security
assistance to Ukraine.
The agreement includes a provision proposed by the House
which limits funding to Rosoboronexport.
The agreement retains a provision to provide funding to the
government of Israel for the procurement of the Iron Dome
defense system. The House bill contained no similar provision.
The agreement includes a provision proposed by the House
that prohibits the use of funds to provide arms, training, or
other assistance to the Azov Battalion.
The agreement does not include a provision proposed by the
House that prohibits funds to support military operations
against Houthis in Yemen.
The agreement does not include a provision proposed by the
House related to an integrated security cooperation strategy.
The agreement does not include a provision proposed by the
House prohibiting the use of funds to operate the detention
facility at United States Naval Station, Guantanamo Bay, Cuba.
The agreement does not include a provision proposed by the
House related to the El Mozote massacre.
The agreement does not include a provision proposed by the
House related to LED light bulbs.
The agreement includes a provision proposed by the House
that prohibits the use of funds to support any activity
conducted by or associated with the Wuhan Institute of
Virology.
The agreement does not include a provision proposed by the
House that repeals the 2001 Authorization for the Use of
Military Force.
The agreement includes a new provision to prohibit the use
of funds to transfer, release, or assist in the transfer or
release to or within the United States certain detainees.
The agreement includes a new provision to prohibit the use
of funds 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 or any other foreign
country.
The agreement includes a new provision that prohibits the
use of funds to construct, acquire, or modify any facility in
the United States to house any individual detained at United
States Naval Station Guantanamo Bay, Cuba.
The agreement includes a new provision which prohibits the
use of funds to carry out the closure of the United States
Naval Station Guantanamo Bay, Cuba.
The agreement includes a provision that amends section 165
of the Continuing Appropriations Act, 2022.
The agreement includes a provision that appropriates
funding 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.
The agreement includes a new provision amending the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) with regard to commissions.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
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''.
[Clerk's note.--Reproduced below is the material relating
to division D contained in the Explanatory Statement regarding
H.R. 2471, the Consolidated Appropriations Act, 2022.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
March 9, 2022 by Ms. DeLauro of Connecticut, Chair of the House
Committee on Appropriations. The Statement appears on page H2184 of
Book III.
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DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
The following statement to the House of Representatives and
the Senate is submitted in explanation of the agreed upon Act
making appropriations for energy and water development for the
fiscal year ending September 30, 2022, and for other purposes.
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 117-98 and Senate
Report 117-36 carries the same weight as the language included
in this explanatory statement and should be complied with
unless specifically addressed to the contrary in this
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein. Additionally, where
this explanatory statement states that the ``agreement only
includes'' or ``the following is the only'' direction, any
direction included in the House or Senate report on that matter
shall be considered as replaced with the direction provided
within this explanatory statement. In cases where the House,
the Senate, or this explanatory statement has directed a
briefing or the submission of a report, such briefing or report
is to be submitted to the Committees on Appropriations of both
Houses of Congress, hereinafter referred to as the Committees.
House or Senate reporting requirements with deadlines prior to
or within 15 days of enactment of this Act shall be submitted
not later than 60 days after enactment of this Act. All other
reporting deadlines not changed by this explanatory statement
are to be met.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at the
end of the explanatory statement for this Act. Funding levels
that are not displayed in the detailed table are identified in
this explanatory statement.
In fiscal year 2022, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
the following information provides the definition of the term
``program, project, or activity'' for departments and agencies
under the jurisdiction of the Energy and Water Development and
Related Agencies Appropriations Act. The term ``program,
project, or activity'' shall include the most specific level of
budget items identified in the Energy and Water Development and
Related Agencies Appropriations Act, 2022 and the explanatory
statement accompanying this Act.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police community relations, and the protection of
civil rights, that are broadly applicable and scalable to all
Federal law enforcement agencies. The agreement further notes
that several agencies funded by this Act employ Federal law
enforcement officers and are Federal Law Enforcement Training
Centers partner organizations. The agreement directs such
agencies to consult with the Attorney General regarding the
implementation of these programs for their law enforcement
officers. The agreement further directs such agencies to submit
a report to the Committees on their efforts relating to such
implementation not later than 180 days after consultation with
the Attorney General. In addition, the agreement directs such
agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees not later
than 180 days after enactment of this Act on their efforts to
so participate.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers (Corps).
Additional items of this Act are discussed below.
Advanced Funds Agreements.--The agreement reiterates Senate
direction.
Apportionment Under a Continuing Resolution.--The change in
apportionment policy is rejected and the Administration is
directed to follow the previous policy during any continuing
resolutions that may occur in this or any future fiscal years.
Budget Structure Changes.--The fiscal year 2022 budget
request for the Corps proposed numerous structural changes,
including the creation of two new accounts, Harbor Maintenance
Trust Fund (HMTF) and Inland Waterways Trust Fund (IWTF); the
shifting of various studies and projects among accounts and
business lines; and the consolidation of certain remaining
items. The agreement rejects all such proposed changes and
instead funds all activities in the accounts in which funding
has traditionally been provided. Unless expressly noted, all
projects and studies remain at the levels proposed in the
budget request but may be funded in different accounts. In
particular:
Projects proposed for funding in the HMTF account
in the budget request are funded in the Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts, as appropriate;
Projects requested in the IWTF account are shown
in the Construction account;
Dredge Material Management Plans, requested in the
Investigations account, are funded in the Operation and
Maintenance account;
Sand mitigation projects, proposed in the HMTF
account in the budget request, are funded in the Construction
account;
Disposition studies will continue to be funded
under the Disposition of Completed Projects remaining item in
the Investigations account;
Tribal Partnership projects will continue to be
funded under the Tribal Partnership Program remaining item in
the Investigations account as well as in the remaining item in
the Construction account, and these amounts may be used to
cover necessary administrative expenses prior to agreement
execution;
Inspection of Completed Works, Project Condition
Surveys, Scheduling of Reservoir Operations and Surveillance of
Northern Boundary Waters will continue to be funded under
states instead of consolidated into national programs as
requested in the Operation and Maintenance account and the HMTF
account; and
Inspection of Completed Works will continue to be
funded under the individual states instead of consolidated into
a national program as requested in the Mississippi River and
Tributaries account.
For any fiscal year, if the Corps proposes budget structure
changes, the budget proposal shall be accompanied by a display
of the funding request in the traditional budget structure.
Continuing Contracts.--The Corps is authorized by section
621 of title 33, United States Code, to execute its Civil Works
projects through the use of a Special Continuing Contract
Clause or Incremental Funding Clause as described in
Engineering Circulars 11-2-221 and 11-2-222. The Administration
is directed to resume using its existing continuing contract
authorities in accordance with the general provisions in this
Act as an efficient approach to managing large, multi-year
projects.
Deep Draft Navigation.--The agreement provides an estimated
$2,049,292,000 for HMTF eligible activities in accordance with
the changes in the CARES Act (Public Law 116-136) and the Water
Resources Development Act (WRDA) of 2020 (Public Law 116-260).
The agreement provides $50,000,000 for the program authorized
by section 2106 of the Water Resources and Reform Development
Act (WRRDA) of 2014 (Public Law 113-121).
Inland Navigation.--The following is the only direction
with regard to the availability of additional funds for IWTF
cost-shared projects. The agreement provides funds from the
IWTF for new and ongoing construction projects.
Invasive Carp.--The Corps is undertaking multiple efforts
to stop invasive carp from reaching the Great Lakes. Last year,
the Corps sent Congress an approved Chief's Report for a plan
to build a comprehensive suite of measures to counter invasive
carp at the Brandon Road Lock and Dam, critical to keeping
invasive carp out of the Chicago Area Waterways System, which
is the only continuous connection between the Great Lakes and
Mississippi River basins. There is appreciation that the
project received a positive recommendation in the Report of the
Chief of Engineers and that funding is included in the fiscal
year 2022 budget request to continue work on preconstruction
engineering and design (PED).
As the Corps prioritizes projects, it shall consider
critical projects to prevent the spread of invasive species.
The Corps is directed to provide to the Committees quarterly
updates on the progress and status of efforts to prevent the
further spread of invasive carp, including the Brandon Road
Recommended Plan and the second array at the Chicago Sanitary
and Ship Canal; the location and density of carp populations;
the use of emergency procedures previously authorized by
Congress; the development, consideration, and implementation of
new technological and structural countermeasures; and progress
on PED work.
The Corps shall continue to collaborate at levels
commensurate with previous years with the U.S. Coast Guard, the
U.S. Fish and Wildlife Service, the State of Illinois, and
members of the Invasive Carp Regional Coordinating Committee,
including identifying navigation protocols that would be
beneficial or effective in reducing the risk of vessels
inadvertently carrying aquatic invasive species, including
invasive carp, through the Brandon Road Lock and Dam in Joliet,
Illinois. Any findings of such an evaluation shall be included
in the quarterly briefings to the Committees. The Corps is
further directed to implement navigation protocols shown to be
effective at reducing the risk of entrainment without
jeopardizing the safety of vessels and crews. The Corps and
other federal and state agencies are conducting ongoing
research on additional potential invasive carp solutions. The
Corps is directed to provide to the Committees not later than
30 days after enactment of this Act a briefing on such
navigation protocols and potential solutions.
Reporting Requirement.--The Corps is directed to provide to
the Committees a quarterly report that shall include the total
budget authority and unobligated balances by year for each
program, project, or activity, including any prior year
appropriations. The Assistant Secretary of the Army for Civil
Works is directed to provide to the Committees a quarterly
report that includes the total budget authority and unobligated
balances by year for each activity funded in the Office of the
Assistant Secretary of the Army for Civil Works account,
including any prior year appropriations.
Additional Funding
The agreement includes funding above the budget request to
ensure continued improvements to our national economy, public
safety, and environmental health that result from water
resources projects. This funding is for additional work that
either was not included in the budget request or was
inadequately budgeted. The bill contains a provision requiring
the Corps to allocate funds in accordance with only the
direction in this agreement. In lieu of all House and Senate
direction--under any heading--regarding additional funding, new
starts, and the fiscal year 2022 work plan, the Corps shall
follow the direction included in this explanatory statement.
The executive branch retains complete discretion over
project-specific allocation decisions within the additional
funds provided, subject to only the direction here and under
the heading ``Additional Funding'' or ``Additional Funding for
Ongoing Work'' within each of the Investigations, Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts. A study or project may not be excluded
from evaluation for being ``inconsistent with Administration
policy.'' Voluntary funding in excess of legally-required cost
shares for studies and projects is acceptable, but shall not be
used as a criterion for allocating the additional funding
provided or for the selection of new starts.
The Administration is reminded that these funds are in
addition to the budget request, and Administration budget
metrics shall not be a reason to disqualify a study or project
from being funded. It is expected that all of the additional
funding provided will be allocated to specific programs,
projects, or activities. The focus of the allocation process
shall favor the obligation, rather than expenditure, of funds.
Additionally, the Administration shall consider the extent to
which the Corps is able to obligate funds as it allocates the
additional funding.
The Corps shall evaluate all studies and projects only
within accounts and categories consistent with previous
congressional funding. When allocating the additional funding
provided in this Act, the Corps shall consider eligibility and
implementation decisions under Public Law 115-123, Public Law
116-20, Public Law 117-43, and Public Law 117-58 so as to
maximize the reduction of risk to public safety and
infrastructure and the reduction of future damages from floods
and storms nationwide.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi River
and Tributaries accounts if: (1) it has received funding, other
than through a reprogramming, in at least one of the previous
three fiscal years; or (2) it was previously funded and could
reach a significant milestone, complete a discrete element of
work, or produce significant outputs in fiscal year 2022. None
of the additional funding in any account may be used for any
item where funding was specifically denied or for projects in
the Continuing Authorities Program (CAP). Funds shall be
allocated consistent with statutory cost share requirements.
The Corps is reminded that the flood and storm damage
reduction mission area can include instances where non-federal
sponsors are seeking assistance with flood control and
unauthorized discharges from permitted wastewater treatment
facilities and that the navigation mission area includes work
in remote and subsistence harbor areas. In addition to the
priority factors used to allocate all additional funding
provided in the Construction account, the Corps also shall
consider the non-federal sponsor's ability and willingness to
promptly provide the required cash contribution, if any, as
well as required lands, easements, rights-of-way, relocations,
and disposal areas.
Work Plan.--The Corps is directed to provide to the
Committees not later than 60 days after enactment of this Act a
work plan including the following information: (1) a detailed
description of the process and criteria used to evaluate
studies and projects; (2) delineation of how these funds are to
be allocated; (3) a summary of the work to be accomplished with
each allocation, including phase of work and the study or
project's remaining cost to complete (excluding Operation and
Maintenance); and (4) a list of all studies and projects that
were considered eligible for funding but did not receive
funding, including an explanation of whether the study or
project could have used funds in fiscal year 2022 and the
specific reasons each study or project was considered as being
less competitive for an allocation of funds.
New Starts.--The agreement includes funding for a limited
number of new projects, including those proposed in the budget
request. No further new starts are provided for in this Act.
There continues to be confusion regarding the executive
branch's policies and guidelines regarding which studies and
projects require new start designations. Therefore, the Corps
is directed to notify the Committees at least seven days prior
to execution of an agreement for construction of any project
except environmental infrastructure projects and projects under
the CAP. Additionally, the agreement reiterates and clarifies
previous congressional direction as follows. Neither study nor
construction activities related to individual projects
authorized under section 1037 of the WRRDA of 2014 shall
require a new start or new investment decision; these
activities shall be considered ongoing work. No new start or
new investment decision shall be required when moving from
feasibility to PED. The initiation of construction of an
individually authorized project funded within a programmatic
line item may not require a new start designation provided that
some amount of construction funding under such programmatic
line item was appropriated and expended during the previous
fiscal year. No new start or new investment decision shall be
required to initiate work on a separable element of a project
when construction of one or more separable elements of that
project was initiated previously; it shall be considered
ongoing work. A new construction start shall not be required
for work undertaken to correct a design deficiency on an
existing federal project; it shall be considered ongoing work.
The Corps is reminded that resumptions are just that--
resumption of previously-initiated studies or projects and, as
such, do not require new start designations.
INVESTIGATIONS
The agreement includes $143,000,000 for Investigations.
The allocation for projects and activities within the
Investigations account is shown in the following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and PED phases, rather than to remaining
items as has been the case in previous work plans.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to completing
or accelerating ongoing studies that will enhance the nation's
economic development, job growth, and international
competitiveness; for projects located in areas that have
suffered recent natural disasters; for projects that protect
life and property, including reducing flood risks to vulnerable
communities or projects that have been authorized based on
their ability to reduce life safety risks; for projects that
have been classified by the Corps as having a high risk of
levee failure and life loss in the last five fiscal years; for
projects whose failure would cause a release of hazardous
material from a Superfund site; or for projects to address
legal requirements. The Corps is urged to consider any national
security benefits a project may have when allocating this
funding. The Corps shall use these funds for additional work in
both the feasibility and PED phases. The Administration is
reminded that a project study is not complete until the PED
phase is complete and that no new start or new investment
decision shall be required when moving from feasibility to PED.
Coastal Field Data Collection.--The agreement includes an
additional $1,500,000 above the budget request amount of
$1,500,000 to continue data collection and research on the
impact of extreme storms in coastal regions.
Coordination with Other Water Resource Agencies.--
Additional funds are included for continued collaboration with
other federal agencies and stakeholders on invasive species
challenges.
Disposition of Completed Projects.--The Corps is directed
to provide to the Committees copies of disposition studies upon
completion. The agreement rejects the budget request proposal
to fund a disposition study of the Arkansas Red River Chloride
Control project. The Corps is directed to brief the Committees
not later than 60 days after enactment of this Act on the
status of the project.
Flood Policy in Urban Areas.--The agreement reiterates
Senate direction.
McClellan-Kerr Arkansas River Navigation System (MKARNS),
Arkansas and Oklahoma.--The agreement reiterates Senate
direction.
New York-New Jersey Harbor and Tributaries Study.--The
Corps is expected to vigorously engage community groups and
incorporate impacts of low-frequency precipitation and impacts
of sea level rise in the study. The Corps is directed to
provide to the Committees not later than 45 days after
enactment of this Act a briefing on the status of this study.
Non-Contiguous Regional Sediment Study.--The Corps shall,
within available funds in the National Shoreline Management
Study remaining item, conduct a study and provide to the
Committees not later than one year after enactment of this Act
a report on how beneficial uses of dredged material for non-
contiguous states and territories can be applied to mitigate
rising sea levels, including impacts on sensitive shoreline
areas.
Planning Assistance to States.--The agreement notes the
important role the Corps plays in managing flood risk and
threats from coastal hazards and that the Planning Assistance
to States program provides in assisting with comprehensive
plans and technical assistance to eligible state, tribal, or
U.S. territory partners. Accordingly, the agreement provides
$9,000,000 for the program. Within the funds provided, the
Corps is directed to prioritize providing planning-level
technical assistance to coastal federally recognized tribal
communities that are actively working to relocate homes and
other critical infrastructure to higher ground to mitigate the
impacts of climate change. The Corps is directed to provide to
the Committees not later than 45 days after enactment of this
Act a briefing on its efforts to comply with this directive,
how the Corps' existing authorities can provide assistance to
coastal federally recognized tribal communities actively
working to relocate their homes, and how these authorities
could be modernized to better assist these communities.
Puget Sound Nearshore Study, Washington.--The Corps is
encouraged to proceed with the tiered implementation strategy
using all existing authorities as outlined in the Puget Sound
Nearshore Ecosystem Restoration Project Feasibility Study,
Completion Strategy Guidance dated June 2015. The Corps is
directed to recognize the Puget Sound Nearshore Study as the
feasibility component for the purposes of section 544 of WRDA
2000 (Public Law 106-541). The agreement notes that the Water
Infrastructure Improvements for the Nation (WIIN) Act (Public
Law 114-322) authorized construction of the Puget Sound
Nearshore Ecosystem Restoration Project. The Corps is reminded
that consistent with the direction in this agreement no new
start, new investment decision, or new phase decision shall be
required to continue this project in PED.
Research and Development.--The agreement encourages the
Corps to engage in monitored field trials of coastal
restoration optimized for blue carbon CO2 sequestration. The
Corps is directed to provide to the Committees not later than
180 days after enactment of this Act a briefing on such efforts
and how the Corps collaborates with other federal and state
agencies on these issues. The Corps is also encouraged to
collaborate with university partners to improve the
capabilities for improving the integrity and performance of the
nation's levee systems. The agreement provides $4,000,000 to
modernize existing Corps coastal and hydraulics models and
integrate them to make them accessible for use by other
agencies, universities, and the public. The Corps is directed
to investigate the presence, geochemistry, and potential
recovery of rare earth elements in dredged materials. The Corps
is reminded that activities related to innovative materials, as
required under section 1208 of America's Water Infrastructure
Act (AWIA) of 2018, are eligible for funding under the Research
and Development remaining item.
Research and Development, Biopolymers.--The agreement
provides $6,000,000 to continue research activities. With
continued funding, it is understood that this effort will be
completed in two years.
Research and Development, Ecohydraulics.--The Corps is
encouraged to consider advancement and implementation of
capabilities regarding ecohydraulic data and models to support
project planning and engineering models for decision making and
advance ecohydraulics tools.
Research and Development, Flood and Coastal Systems.--The
agreement provides $5,000,000 to utilize partnerships to
research and develop advanced technology to automate assessment
and inspection of flood control systems. The Corps is directed
to provide to the Committees not later than 90 days after
enactment of this Act a proposal for this effort, including a
detailed scope of work with a breakdown of research activities,
work to be performed by the Corps and academia, specific
deliverables, and schedule and funding requirements. This work
shall be for the purpose of identifying levee deficiencies,
such as slope instability, settlement and seepage, and ensuring
the safety of the surrounding areas and communities.
Research and Development, Freshwater Intrusions.--There is
recognition of the need to develop tools to assess, forecast,
and proactively manage the hydrodynamic and environmental
impacts of large-scale freshwater intrusion into the
Mississippi Sound and surrounding waters. These consistent
freshwater intrusions have been detrimental to the Mississippi
Sound and the U.S. blue economy. The Corps is encouraged to
partner with academia with expertise in coastal processes and
ocean and hydrodynamic modeling to develop these tools.
Research and Development, Future Work.--The value of
research topics currently being addressed by the Army Engineer
Research and Development Center (ERDC) toward advancing the
Civil Works missions of the Corps is valued and recognized. It
is understood that the ERDC and the Corps have identified a
series of critical research categories that will advance the
efficient implementation of the Civil Works mission and provide
value to the nation. It is understood that responding to these
research needs can benefit the Corps by leveraging the
expertise of universities through partnerships. The ERDC is
directed to provide to the Committees not later than 90 days
after enactment of this Act a briefing on future research needs
(including multi-year funding requirements) and potential
university partnerships related to its strategic goals.
Research and Development, Managing Emerging Threats and
Resilience for Flood Control Structures.--The Corps is
encouraged to research, test, and refine the use of rapid,
repeatable, and remote methods for long-term monitoring of
critical water infrastructure and to partner with academia to
research and manage emerging threats and attain resilience for
flood control structures.
Research and Development, Modeling.--The agreement provides
$4,000,000 to support ongoing research into geochemical,
geophysical, and sedimentological analysis and modeling. It is
understood that with continued funding this effort will be
completed in three years.
Research and Development, Oyster Reef Restoration.--The
importance of sustainable oyster reefs for maintaining healthy
ecosystems, protecting coastal infrastructure, and supporting
commercial fisheries is recognized. Recent restoration efforts
have not achieved the intended success for U.S. oyster
populations, and the identification of effective restoration
strategies remains a critical gap. The agreement provides
$3,000,000 for these activities. It is understood this effort
will be completed in fiscal year 2022. The Corps is encouraged
to develop partnerships with research universities to leverage
their expertise to enhance these activities.
Research and Development, Polymer Composites.--The Corps is
directed to provide to the Committees not later than 90 days
after enactment of this Act a proposal for investigating the
value of incorporating polymer composites into infrastructure
application in navigable waterways. The proposal shall include
a detailed scope of work, a breakdown of research activities,
work to be performed by the Corps and academia, specific
deliverables, and schedule and funding requirements.
Research and Development, Subsurface Drains.--The Corps is
directed to provide to the Committees not later than 90 days
after enactment of this Act a briefing on research and
development opportunities of subsurface drain systems pursuant
to section 227 of WRDA 2020.
Research and Development, Urban Flood Damage Reduction.--
The agreement includes $3,000,000 for the Corps to continue its
focus on the management of water resources infrastructure and
projects that promote public safety, reduce risk, improve
operational efficiencies, reduce flood damage, and sustain the
environment. Work should focus on unique western U.S. issues
like wildfire, rain-on-snow, atmospheric rivers effects on
flood risk management, and bridging the connection between
climate change science and engineering application for flood
risk management, emergency management, and ecosystem
management. The tools and technologies developed under this
program should also be applicable to other parts of the
country. It is understood that with continued funding this
effort will be completed in three years.
Tenkiller Ferry Lake.--The agreement reiterates Senate
language.
CONSTRUCTION
The agreement includes $2,492,800,000 for Construction.
The allocation for projects and activities within the
Construction account is shown in the following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--The agreement includes additional
funds for projects and activities to enhance the nation's
economic development, job growth, and international
competitiveness.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$14,282,000 for execution of comprehensive restoration plans
developed by the Corps for major bodies of water.
Of the additional funds provided in this account for flood
and storm damage reduction, navigation, and other authorized
project purposes, the Corps shall allocate not less than
$15,000,000 to authorized reimbursements for projects with
executed project partnership agreements and that have completed
construction or where non-federal sponsors intend to use the
funds for additional water resource development activities.
Public Law 115--123, Public Law 116--20, Public Law 117--
43, and Public Law 117--58 included funding within the Flood
Control and Coastal Emergencies account to restore authorized
shore protection projects to full project profile. That funding
is expected to address most of the current year capability.
Therefore, to ensure funding is not directed to where it cannot
be used, the agreement includes $19,833,000 for construction of
shore protection projects. The Corps is reminded that if
additional work can be done, these projects are also eligible
to compete for additional funding for flood and storm damage
reduction.
The agreement includes $13,000,000 in additional funding
for environmental infrastructure projects and no further
direction.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were being
evaluated for new or ongoing construction. The Corps shall not
condition these funds, or any funds appropriated in this Act,
on a non-federal interest paying more than its required share
in any phase of a project. When allocating the additional
funding provided in this account, the Corps shall consider
giving priority to the following:
1. benefits of the funded work to the national economy;
2. extent to which the work will enhance national,
regional, or local economic development;
3. number of jobs created directly and supported in the
supply chain by the funded activity;
4. significance to national security, including the
strategic significance of commodities;
5. ability to obligate the funds allocated within the
calendar year, including consideration of the ability of the
non-federal sponsor to provide any required cost share;
6. ability to complete the project, separable element, or
project phase with the funds allocated;
7. legal requirements, including responsibilities to
tribes;
8. effect on alleviating water supply issues in areas that
have been afflicted by severe droughts in the past four fiscal
years, including projects focused on the treatment of brackish
water;
9. for flood and storm damage reduction projects (including
authorized nonstructural measures and periodic beach
renourishments):
a. population, safety of life, economic activity, or public
infrastructure at risk, as appropriate;
b. the severity of risk of flooding or the frequency with
which an area has experienced flooding; and
c. preservation of historically significant communities,
culture, and heritage;
10. for shore protection projects, projects in areas that
have suffered severe beach erosion requiring additional sand
placement outside of the normal beach renourishment cycle or in
which the normal beach renourishment cycle has been delayed,
and projects in areas where there is risk to life and public
health and safety and risk of environmental contamination;
11. for mitigation projects, projects with the purpose to
address the safety concerns of coastal communities impacted by
federal flood control, navigation, and defense projects;
12. for navigation projects, the number of jobs or level of
economic activity to be supported by completion of the project,
separable element, or project phase;
13. for other authorized project purposes and environmental
restoration or compliance projects, to include the beneficial
use of dredged material; and
14. for environmental infrastructure, projects with the
greater economic impact, projects in rural communities,
projects in communities with significant shoreline and
instances of runoff, projects in or that benefit counties or
parishes with high poverty rates, projects owed past
reimbursements, projects in financially-distressed
municipalities, projects that improve stormwater capture
capabilities, projects that provide backup raw water supply in
the event of an emergency, and projects that will provide
substantial benefits to water quality improvements.
Aquatic Plant Control Program.--Of the additional funding
provided for the Aquatic Plant Control Program, $17,000,000
shall be for watercraft inspection stations and rapid response,
as authorized in section 104 of the River and Harbor Act of
1958, equally distributed to carry out subsections
(d)(1)(A)(i), (d)(1)(A)(ii), and (d)(1)(A)(iii), and $3,000,000
shall be for related monitoring as authorized by section 1170
of the AWIA. The agreement provides $1,000,000 for activities
for monitoring, surveys, and control of flowering rush and
hydrilla. Additionally, $7,000,000 shall be for nationwide
research and development to address invasive aquatic plants,
within which the Corps is encouraged to support cost-shared
aquatic plant management programs. Particularly, the Corps is
encouraged to evaluate and address prevention of new
infestations of hydrilla in the Connecticut River Basin. The
agreement also provides $150,000 to commence activities
authorized under section 509 of WRDA 2020, and the Corps is
directed to provide to the Committees prior to the obligation
of any funds for this purpose a briefing on how it will
implement this program. The agreement provides additional
funding for activities authorized by section 505 of WRDA 2020,
and the Corps is directed to provide to the Committees prior to
the obligation of any funds for this purpose a briefing on how
it will implement this program.
Beneficial Use of Dredged Material Pilot Program.--The
agreement provides $2,044,000 to continue the pilot projects to
demonstrate the economic benefits and impacts of
environmentally sustainable maintenance dredging methods that
provide for ecosystem restoration and resilient protective
measures. Cost sharing for these projects shall be in
accordance with subsection (e) of section 1122 of the WIIN Act
of 2016 (Public Law 114-322). The Corps is directed to provide
to the Committees not later than 90 days after enactment of
this Act a briefing on the lessons learned from the pilot
program, including the economic effects, environmental impacts
and effects, alternative dredged material disposal locations
and the use of alternative dredging equipment. The Corps is
further directed to provide to the Committees prior to any
effort to solicit or select any additional pilot projects a
briefing on the status of the program.
Bipartisan Budget Act of 2018.--Significant concerns
persist about the implementation of funding provided in the
Bipartisan Budget Act of 2018 (BBA18) (Public Law 115-123) for
completing high-priority flood control construction projects.
Notably, the decision to publish a list of projects to be
funded using outdated cost estimates and an inadequate risk
reserve for these projects has led to serious challenges in
execution and unnecessary delays in advancing project
construction. The executive branch is reminded that the intent
of the direction to complete projects using BBA18 funds was to
avoid starting more projects than could be finished using those
funds. The Administration should consider all available
opportunities to advance projects, including discrete elements,
that already received BBA18 allocations. To do otherwise would
be penalizing local communities for the fundamental mistakes of
the executive branch.
The Corps shall provide quarterly reports on the obligation
of funds as required by law. The lack of transparency and
progress is unacceptable. The Corps is directed to provide to
the Committees not later than 30 days after enactment of this
Act, and monthly thereafter, a briefing on the status of the
program and the plan for completion of projects.
Camp Ellis Beach, Saco, Maine.--The agreement reiterates
Senate direction.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan and Oyster Recovery Program.--The Corps is
reminded that the Chesapeake Bay Comprehensive Water Resources
and Restoration Plan and the Chesapeake Bay Oyster Recovery
Program are eligible to compete for the additional funding
provided in this account, and the Corps is encouraged to
provide appropriate funding in future budget requests.
Columbia River Treaty.--The agreement reiterates Senate
direction.
Construction Funding Schedules.--The agreement reiterates
Senate direction.
Continuing Authorities Program (CAP).--Funding is provided
for eight CAP sections at a total of $53,000,000. The
management of CAP should continue consistent with direction
provided in previous fiscal years.
The Corps shall allow for the advancement of flood control
projects in combination with ecological benefits using natural
and nature-based solutions alone, or in combination with, built
infrastructure where appropriate for reliable risk reduction
during the development of projects under CAP 205.
Howard Hanson Dam, Washington.--The Corps is directed to
work expeditiously on this project in order to meet the 2030
deadline established in the Biological Opinion. The Corps is
encouraged to continue efforts to fully implement the jeopardy
Biological Opinion determining the impact of ongoing operations
of Howard Hanson Dam and specifically the ongoing work to
construct a downstream fish passage facility.
Kentucky Lock and Dam, Kentucky.--There is concern about
major delays on construction projects, particularly the
Kentucky Lock and Dam, which was provided funding by the
Infrastructure Investment and Jobs Act (Public Law 117-58) that
the Administration states will physically complete and fiscally
close out the project. The Corps is strongly urged to
prioritize completing this project per the scheduled completion
date of 2025.
Matagorda Ship Channel, Texas.--The non-federal sponsor has
proposed a plan for expediting the continued construction and
expansion of the Matagorda Ship Channel. Completion of this
project is critical to remedying original project design
deficiencies, decreasing accidents, and adequately
accommodating existing fully loaded vessels. Furthermore,
completed expansion has the potential to provide major economic
growth for the region and is to be commended for its unique
public-private partnership to complete. The Administration is
urged to review the proposed plan as expeditiously as possible
so construction can proceed.
South Florida Ecosystem Restoration (SFER), Florida.--As in
previous years, the agreement provides funding for all study
and construction authorities related to Everglades restoration
under the line item titled ``South Florida Ecosystem
Restoration, Florida.'' This single line item allows the Corps
flexibility in implementing the numerous activities underway in
any given fiscal year. For fiscal year 2022, the Corps is
directed to make publicly available a comprehensive snapshot of
all SFER cost share accounting down to the project level and to
ensure the accuracy of all budget justification sheets that
inform SFER Integrated Financial Plan documents by September
30, 2022.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $370,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--When allocating the additional funding
provided in this account, the Corps shall consider giving
priority to completing or accelerating ongoing work that will
enhance the nation's economic development, job growth, and
international competitiveness or for studies or projects
located in areas that have suffered recent natural disasters.
While this funding is shown under remaining items, the Corps
shall use these funds in investigations, construction, and
operation and maintenance, as applicable. When allocating
additional funds recommended in this account, the Corps is
directed to give adequate consideration to cooperative projects
addressing watershed erosion, sedimentation, flooding, and
environmental degradation.
Lower Mississippi River Main Stem.--The budget request
proposes to consolidate several activities across multiple
states into one line item. The agreement does not support this
change and instead continues to fund these activities as
separate line items.
Mississippi River Commission.--No funding is provided for
this new line item. The Corps is directed to continue funding
the costs of the commission from within the funds provided for
activities within the Mississippi River and Tributaries
project.
Yazoo Basin, Yazoo Backwater Area, Mississippi.--For
mitigation of previously constructed features.
OPERATION AND MAINTENANCE
The agreement includes $4,570,000,000 for Operation and
Maintenance.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding for Ongoing Work.--Of the additional
funding provided in this account, the Corps shall allocate not
less than $7,500,000 to complete water control manual updates
at projects identified on the comprehensive list developed by
the Corps and referenced in this account under the headings
``Water Control Manuals''', including in regions impacted by
atmospheric rivers and where enhanced forecasting can improve
water operations.
Of the additional funding provided in this account for
other authorized project purposes, the Corps shall allocate not
less than $2,000,000 for efforts to combat invasive mussels at
Corps-owned reservoirs.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to the
following:
1. ability to complete ongoing work maintaining authorized
depths and widths of harbors and shipping channels (including
small, remote, or subsistence harbors), including where
contaminated sediments are present;
2. ability to address critical maintenance backlog;
3. presence of the U.S. Coast Guard;
4. extent to which the work will enhance national,
regional, or local economic development, including domestic
manufacturing capacity;
5. extent to which the work will promote job growth or
international competitiveness;
6. number of jobs created directly by the funded activity;
7. ability to obligate the funds allocated within the
calendar year;
8. ability to complete the project, separable element,
project phase, or useful increment of work within the funds
allocated;
9. ability to address hazardous barriers to navigation due
to shallow channels;
10. dredging projects that would provide supplementary
benefits to tributaries and waterways in close proximity to
ongoing island replenishment projects;
11. risk of imminent failure or closure of the facility;
12. extent to which the work will promote recreation-based
benefits, including those created by recreational boating;
13. improvements to federal breakwaters and jetties where
additional work will improve the safety of navigation and
stabilize infrastructure to prevent continued deterioration;
14. for harbor maintenance activities:
a. total tonnage handled;
b. total exports;
c. total imports;
d. dollar value of cargo handled;
e. energy infrastructure and national security needs
served;
f. designation as strategic seaports;
g. maintenance of dredge disposal activities;
h. lack of alternative means of freight movement;
i. savings over alternative means of freight movement; and
j. improvements to dredge disposal facilities that will
result in long-term savings, including a reduction in regular
maintenance costs.
Aquatic Nuisance Control Research Program.--The agreement
provides $8,000,000 to supplement activities related to harmful
algal bloom research and control and directs the Corps to
target freshwater ecosystems. There is awareness of the need to
develop next generation ecological models to maintain inland
and intracoastal waterways and the agreement provides
$5,600,000 for this purpose.
The agreement provides $4,000,000 to establish the Harmful
Algal Bloom Demonstration Program, as authorized by WRDA 2020,
and the Corps is directed to provide to the Committees prior to
the obligation of any funds for this purpose a briefing on how
it will implement this program.
Additional funding recommended in this remaining item is to
supplement and advance Corps activities to address HABs
including: early detection, prevention, and management
techniques and procedures to reduce the occurrence and impacts
of harmful algal blooms in our nation's water resources; work
with university partners to develop prediction, avoidance, and
remediation measures focused on environmental triggers in
riverine ecosystems; and to advance state-of-the-art Unmanned
Aerial Systems based detection, monitoring, and mapping of
invasive aquatic plant species in conjunction with university
partners.
The agreement provides $500,000 for the Corps, in
partnership with other federal partners, to begin planning,
design, initial engineering, and project management for
construction of carp barriers in the Mississippi River Basin
and the Tennessee-Tombigbee waterway.
Asset Management/Facilities and Equipment Maintenance.--The
agreement provides $2,000,000 for research on novel approaches
to repair and maintenance practices that will increase civil
infrastructure intelligence and resilience. A review of the
Corps inventory, in accordance with section 6002 of the WRRDA
of 2014, should be completed with funds on hand. The Corps is
directed to provide to the Committees not later than 60 days
after enactment of this Act an interim progress report.
Beneficial Use of Dredged Material.--The agreement
reiterates House direction.
Coastal Inlets Research Program.--The agreement includes
additional funding for the Corps-led, multi-university effort
to identify engineering frameworks to address coastal
resilience needs; to develop adaptive pathways that lead to
coastal resilience; that measure the coastal forces that lead
to infrastructure damage and erosion during extreme storm
events; and to improve coupling of terrestrial and coastal
models. Additional funding is also provided for the Corps to
continue work with the National Oceanic and Atmospheric
Administration's National Water Center on protecting the
nation's water resources.
Dredging Operations Technical Support Program, Integrated
Navigation Analysis and Systems Enhancements.--The agreement
provides additional funds in the remaining item Dredging Data
and Lock Performance Monitoring System and in the remaining
item Dredging Operations Technical Support Program to continue
work.
Dredging Operations Technical Support Program, Integrated
Navigation Analysis and Visualization.--Additional funding is
included for the further development of the Integrated
Navigation Analysis and Visualization platform related to the
operation and maintenance of the U.S. Marine Transportation
System.
Electric Vehicle Fleet and Charging Infrastructure.--The
Corps is directed to provide to the Committees not later than
120 days after enactment of this Act a briefing on the status
of this initiative.
Emerging Harbor Projects.--The agreement includes funding
for individual projects defined as emerging harbor projects in
section 210(f)(2) of the WRDA 1986 that exceeds the funding
levels envisioned in sections 210(c)(3) and 210(d)(1)(B)(ii) of
the WRDA 1986.
Engineering With Nature.--The agreement provides
$16,250,000 for the Engineering with Nature (EWN) initiative.
Of the funding provided in this remaining item, up to
$5,000,000 is provided to employ nature-based tools and
principles to support civil works flood control and ecosystem
management planning objectives and operations in the Chesapeake
Bay.
Funding under this line item is intended for EWN activities
having a national or regional scope or that benefit the Corps'
broader execution of its mission areas. It is not intended to
replace or preclude the appropriate use of EWN practices at
districts using project-specific funding or work performed
across other Corps programs that might involve EWN.
Of the funding provided in this remaining item, $5,000,000
is to support ongoing research and advance work with university
partners to develop standards, design guidance, and testing
protocols to improve and standardize nature-based and hybrid
infrastructure solutions.
Federal Breakwaters and Jetties.--The agreement reiterates
House direction.
Flood and Earthquake Modeling.--Additional funds are
recommended in the Earthquake Hazards Reduction Program to
develop a plan for leveraging existing knowledge related to
potential seismic concerns relevant to levees.
Forecast-Informed Reservoir Operations.--The agreement
reiterates Senate direction.
Harmful Algal Bloom and Hypoxia Research and Control Act.--
The agreement reiterates House direction.
Levee Safety.--In fiscal year 2020, Congress provided
$15,000,000 to implement levee safety initiatives to meet the
requirements under section 3016 of WRRDA. These funds are
expected to be sufficient to complete Phase II activities. The
Corps is directed to provide to the Committees not later than
90 days after enactment of this Act a briefing on its efforts
to implement the National (Levee) Flood Inventory and
Inspection of Completed Federal Flood Control Projects as well
as a report detailing how it will comply with section 131 of
WRDA 2020.
Monitoring of Completed Navigation Projects, Fisheries.--
Within available funds for ongoing work, the Corps is directed
to continue this research at not less than the fiscal year 2021
level.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--The agreement provides $4,000,000 to
support the structural health monitoring program.
National Coastal Mapping Program.--The agreement includes
$5,000,000 for Arctic coastal mapping needs. Additionally, the
agreement reiterates Senate direction on the notification
requirement.
Performance Based Budgeting Support Program.--Of the
funding provided for this remaining item, $2,500,000 shall be
used to support performance-based methods that enable robust
budgeting of the hydropower program.
Recreational Facilities.--The agreement reiterates House
direction.
Regional Sediment Management.--The agreement provides
$5,000,000 to continue Corps research and development into
enhanced forecasting capabilities. Funds are also provided to
support cooperative efforts between the Corps and academia to
address compound flooding issues.
Small, Remote, or Subsistence Harbors.--The agreement
emphasizes the importance of ensuring that our country's small
and low-use ports remain functional. The Corps is encouraged to
consider expediting scheduled maintenance at small and low use
ports that have experienced unexpected levels of deterioration
since their last dredging.
Tuttle Creek Lake, KS.--The additional funding provided is
for Water Injection Dredging efforts.
Upper St. Anthony Falls, Minnesota.--WRDA 2020 encouraged
the Corps to continue to operate and maintain the Upper St.
Anthony Falls Lock and Dam. The Corps is further reminded that
the Upper St. Anthony Falls project remains an authorized
federal project that requires routine maintenance and is
eligible to compete for additional funding provided in this
account.
Water Control Manuals.--The agreement reiterates House
direction.
Water Control Manuals, Section 7 Dams.--The Corps is
reminded that updates to water control manuals for non-Corps
owned high hazard dams are eligible for additional funding
provided in the agreement where: (1) the Corps has a
responsibility for flood control operations under section 7 of
the Flood Control Act of 1944; (2) the dam requires
coordination of water releases with one or more other high-
hazard dams for flood control purposes; and (3) the dam owner
is actively investigating the feasibility of applying forecast-
informed reservoir operations technology.
Water Operations Technical Support (WOTS).--The agreement
provides $5,000,000 in addition to the budget request to
continue research into atmospheric rivers and for improved
weather forecasting for Corps reservoir and waterway projects.
Damage Repairs to Corps Projects.--The Administration is
reminded that traditionally, funding for disaster response has
been provided in supplemental appropriations legislation,
including recently in 2018 (Public Law 115-123), 2019 (Public
Law 116-20), and 2021 (Public Law 117-43 and Public Law 117-58)
and that amounts necessary to address damages at Corps projects
in response to natural disasters can be significant.
Accordingly, the agreement directs the Administration to
fund repairs to projects damaged by natural disasters that were
included in the fiscal year 2022 budget request with available
previously appropriated emergency supplemental funds. The
following table shows the project name and funding amount
requested for each project:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
REGULATORY PROGRAM
The agreement includes $212,000,000 for the Regulatory
Program.
Permit Application Backlogs.--The agreement reiterates
House direction.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $300,000,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $35,000,000 for Flood Control and
Coastal Emergencies. As the nation experiences severe weather
events more frequently, there is appreciation for the work the
Corps undertakes with this funding. The Administration is
reminded that traditionally, funding for disaster response has
been provided in supplemental appropriations legislation,
including recently in 2018 (Public Law 115-123), 2019 (Public
Law 116-20), and 2021 (Public Law 117-43 and Public Law 117-58)
and that amounts necessary to address damages at Corps projects
in response to natural disasters can be significant. The
Administration is again reminded that it has been deficient in
providing to the Committee statutorily-required detailed
estimates of damages to Corps projects as required by Public
Law 115-123 and such reports shall be submitted to the
Committees not later than 15 days after enactment of this Act
and monthly thereafter.
EXPENSES
The agreement includes $208,000,000 for Expenses.
Additional funds recommended in this account shall be used
only to support implementation of the Corps' Civil Works
program, including hiring additional full-time equivalents.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The agreement
includes legislative language that restricts the availability
of 25 percent of the funding provided in this account until
such time as at least 95 percent of the additional funding
provided in each account has been allocated to specific
programs, projects, or activities. This restriction shall not
affect the roles and responsibilities established in previous
fiscal years of the Office of the Assistant Secretary of the
Army for Civil Works, the Corps headquarters, the Corps field
operating agencies, or any other executive branch agency.
A timely and accessible executive branch in the course of
fulfilling its constitutional role in the appropriations
process is essential. The requesting and receiving of basic,
factual information, such as budget justification materials, is
vital in order to maintain a transparent and open governing
process. The agreement recognizes that some discussions
internal to the executive branch are pre-decisional in nature
and, therefore, not subject to disclosure. However, the access
to facts, figures, and statistics that inform these decisions
are not subject to this same sensitivity and are critical to
the budget process. The Administration shall ensure timely and
complete responses to these inquiries.
Administrative Costs.--To support additional transparency
in project costs, the Secretary is directed to ensure that
future budget requests specify the amount of anticipated
administrative costs for individual projects.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides $7,200,000 for the Water
Infrastructure Finance and Innovation Program Account.
The agreement makes $2,200,000 available to the Secretary
for program development, administration, and oversight,
including but not limited to publishing the final fee and
program rules, criteria for project eligibility, and Notice of
Funding Availability. The agreement includes $5,000,000 for the
financial assistance authorized by Water Infrastructure Finance
and Innovation Act (Public Law 113-121) program. The fiscal
year 2021 Act provided funds to publish the final fee and
program rules and Notice of Funding Availability. The
Administration is reminded that the publication of these rules
is necessary to move forward with the program and is directed
to expeditiously publish the rules.
General Provisions--Corps of Engineers--Civil
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision regarding the allocation
of funds.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision funding transfers to the
Fish and Wildlife Service.
The agreement includes a provision regarding certain
dredged material disposal activities. The Corps is directed to
brief the Committees not later than 90 days after enactment of
this Act on dredged material disposal issues.
The agreement includes a provision regarding reallocations
at a project.
The agreement includes a provision prohibiting the use of
funds in this Act for reorganization of the Civil Works
program. Nothing in this Act prohibits the Corps from
contracting with the National Academy of Sciences to carry out
the study authorized by section 1102 of the AWIA (Public Law
115-270).
The agreement includes a provision regarding eligibility
for additional funding. Whether a project is eligible for
funding under a particular provision of additional funding is a
function of the technical details of the project; it is not a
policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of the
Civil Works program and for offering professional advice on its
development. Therefore, the provision in this agreement
clarifies that a project's eligibility for additional funding
shall be solely the professional determination of the Chief of
Engineers.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $23,000,000 for the
Central Utah Project Completion Account, which includes
$16,450,000 for Central Utah Project construction, $5,000,000
for transfer to the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation
and Conservation Commission, and $1,550,000 for necessary
expenses of the Secretary of the Interior.
Bureau of Reclamation
In lieu of all House and Senate direction regarding
additional funding and the fiscal year 2022 work plan, the
agreement includes direction under the heading ``Additional
Funding for Ongoing Work'' in the Water and Related Resources
account.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,747,101,000 for Water and Related
Resources.
The agreement for Water and Related Resources is shown in
the following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Ongoing Work.--The agreement
includes funds above the budget request for Water and Related
Resources studies, projects, and activities. This funding is
for additional work that either was not included in the budget
request or was inadequately budgeted. Priority in allocating
these funds should be given to advance and complete ongoing
work, including preconstruction activities and where
environmental compliance has been completed; improve water
supply reliability; improve water deliveries; enhance national,
regional, or local economic development; promote job growth;
advance tribal and nontribal water settlement studies and
activities; or address critical backlog maintenance and
rehabilitation activities.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $117,250,000 shall be for
water storage projects as authorized in section 4007 of the
WIIN Act (Public Law 114-322).
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $25,000,000 shall be for
implementing the Drought Contingency Plan in the Lower Colorado
River Basin to create or conserve recurring Colorado River
water that contributes to supplies in Lake Mead and other
Colorado River water reservoirs in the Lower Colorado River
Basin or projects to improve the long-term efficiency of
operations in the Lower Colorado River Basin, consistent with
the Secretary's obligations under the Colorado River Drought
Contingency Plan Authorization Act (Public Law 116-14) and
related agreements. None of these funds shall be used for the
operation of the Yuma Desalting Plant and nothing in this
section shall be construed as limiting existing or future
opportunities to augment the water supplies of the Colorado
River.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', not less than $5,000,000
shall be for construction activities related to projects found
to be feasible by the Secretary and that are ready to initiate
for the repair of critical Reclamation canals where operational
conveyance capacity has been seriously impaired by factors such
as age or land subsidence, especially those that would
imminently jeopardize Reclamation's ability to meet water
delivery obligations.
Of the additional funding provided under the heading
``Environmental Restoration or Compliance'', not less than
$10,000,000 shall be for activities authorized under sections
4001 and 4010 of the WIIN Act (Public Law 114-322) or as set
forth in federal-state plans for restoring threatened and
endangered fish species affected by the operation of
Reclamation's water projects.
Of the additional funding provided under the heading ``Fish
Passage and Fish Screens'', $6,000,000 shall be for the
Anadromous Fish Screen Program.
Reclamation is directed to provide to the Committees not
later than 45 days after enactment of this Act a report
delineating how these funds are to be distributed, in which
phase the work is to be accomplished, and an explanation of the
criteria and rankings used to justify each allocation.
Reclamation is reminded that the following activities are
eligible to compete for funding under the appropriate heading:
activities authorized under Indian Water Rights Settlements;
aquifer recharging efforts to address the ongoing backlog of
related projects; all authorized rural water projects,
including those with tribal components, those with non-tribal
components, and those with both; conjunctive use projects and
other projects to maximize groundwater storage and beneficial
use; ongoing work, including preconstruction activities, on
projects that provide new or existing water supplies through
additional infrastructure; and activities authorized under
section 206 of Public Law 113-235.
Aquifer Recharge.--Of the funds provided in this account
above the budget request, $18,000,000 shall be for Aquifer
Storage and Recovery projects focused on ensuring sustainable
water supply and protecting water quality of aquifers in the
Great Plains Region with shared or multi-use aquifers, for
municipal, agricultural irrigation, industrial, recreation, and
domestic users.
Boulder Canyon Project, Dam Fund.--The agreement reiterates
Senate direction.
Klamath Basin Project.--Reclamation is encouraged to
continue collaborative agreements with state agencies to
support ground water monitoring in the Klamath Basin. Further,
Reclamation is directed to consider restoring agreements with
Klamath Basin tribes to support surface monitoring efforts and
to provide to the Committees not later than 90 days after
enactment of this Act a briefing on the status of such
agreements.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $10,500,000 shall be for desalination projects as
authorized in section 4009(a) of Public Law 114-322.
Research and Development: Science and Technology Program:
Airborne Snow Observatory Program.--The agreement provides an
additional $2,000,000 for this program, which advances snow and
water supply forecasting.
Research and Development: Science and Technology Program:
Snow Modeling Data Processing.--The agreement provides an
additional $1,500,000 to support Reclamation's efforts to
support the U.S. Department of Agriculture and National Oceanic
and Atmospheric Administration efforts to improve real-time and
derived snow water equivalent information such that it can be
immediately used for water resources decision-making.
Rural Water Projects.--Reclamation is reminded that
voluntary funding in excess of legally required cost shares for
rural water projects is acceptable, but shall not be used by
Reclamation as a criterion for allocating additional funding
provided in this agreement or for budgeting in future years.
Salton Sea.--Reclamation is directed to provide to the
Committees not later than 90 days after enactment of this Act a
briefing on Reclamation's plan for managing the air quality
impacts of the estimated 8.75 square miles of lands it owns
that will emerge from the receding Sea over the next decade.
San Joaquin River Restoration.--Permanent appropriations,
newly available for the program in fiscal year 2020, should not
supplant continued annual appropriations. Reclamation is
encouraged to include adequate funding in future budget
requests.
Upper Rio Grande Basin Study.--The agreement reiterates
House and Senate direction.
Verde River Basin.--The agreement reiterates House
direction.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the additional funding provided for this program,
$17,500,000 shall be for water recycling and reuse projects as
authorized in section 4009(c) of Public Law 114-322.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $56,499,000 for the Central Valley
Project Restoration Fund.
CALIFORNIA BAY DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $33,000,000 for the California Bay-
Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $64,400,000 for Policy and
Administration.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting Reclamation to
purchase not more than thirty passenger vehicles for
replacement only.
General Provisions--Department of the Interior
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding section
9504(e) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the CALFED
Bay-Delta Authorization Act.
The agreement includes a provision regarding section
9106(g)(2) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the
Reclamation States Emergency Drought Relief Act of 1991.
The agreement includes a provision regarding the
Reclamation Projects Authorization and Adjustment Act of 1992.
The agreement includes a provision prohibiting the use of
funds in this Act for certain activities.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $44,855,624,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
Congressional Direction
The Committees count on a timely and accessible executive
branch in the course of fulfilling its constitutional role in
the appropriations process. Requesting and receiving basic,
factual information, including budget justification materials
and responses to inquiries, is vital in order to ensure
transparency and accountability. While some discussions
internal to the executive branch may be pre-decisional in
nature and therefore not subject to release, the Committees'
access to the facts, figures, and statistics that inform the
decisions of the executive branch are not subject to those same
sensitivities. The Committees shall have ready and timely
access to information from the Department, Federally Funded
Research and Development Centers, and any recipient of funding
from this Act. Further, the Committees appreciate the ability
for open and direct communication with all recipients of
funding from this Act, and the Department shall not interfere
with such communication and shall not penalize recipients of
funding from this Act for such communication.
Reprogramming Requirements
The agreement carries the Department's reprogramming
authority in statute to ensure that the Department carries out
its programs consistent with congressional direction. The
Department shall, when possible, submit consolidated,
cumulative notifications to the Committees.
Definition.--A reprogramming includes the reallocation of
funds from one program, project, or activity to another within
an appropriation. For construction projects, a reprogramming
constitutes the reallocation of funds from one construction
project to another project or a change of $2,000,000 or 10
percent, whichever is less, in the scope of an approved
project.
Financial Reporting and Management
The Department is still not in compliance with its
statutory requirement to submit to Congress, at the time that
the budget request is submitted, a future-years energy program
that covers the fiscal year of the budget request and the four
succeeding years, as directed in the fiscal year 2012 Act. In
addition, the Department has an outstanding requirement to
submit a plan to become fully compliant with this requirement.
The Department is directed to provide these requirements not
later than 30 days after enactment of this Act. The Department
may not obligate more than 95 percent of amounts provided to
the Chief Financial Officer until the Department provides to
the Committees a briefing on a plan to become fully compliant
with this requirement.
Working Capital Fund.--The agreement reiterates House
direction on this topic.
Congressional Reporting Requirements.--The Department is
directed to provide quarterly updates to the Committees on this
issue. Further, the Department is directed to provide all
Congressionally required reports digitally in addition to
traditional correspondence.
SBIR and STTR Programs.--The agreement reiterates House
direction on this topic.
Mortgaging Future-Year Awards.--The agreement reiterates
House direction on this topic.
General Plant Projects.--The agreement reiterates House
direction on this topic.
Competitive Procedures.--The agreement reiterates House
direction on this topic.
Workforce Development.--The agreement reiterates House
direction on this topic.
Crosscutting Initiatives
Energy Storage.--The Department is directed to carry out
these activities in accordance with sections 3201 and 3202 of
the Energy Act of 2020. The agreement provides not less than
$500,000,000 for energy storage, including not less than
$347,000,000 from the Office of Energy Efficiency and Renewable
Energy (EERE), not less than $120,000,000 from the Office of
Electricity (OE), not less than $5,000,000 from the Office of
Fossil Energy and Carbon Management (FECM), not less than
$4,000,000 from the Office of Nuclear Energy (NE), and not less
than $24,000,000 from the Office of Science. The agreement
reiterates Senate direction related to periodic updates on the
Energy Storage Grand Challenge (ESGC) and ESGC roadmap.
Critical Minerals.--The agreement provides not less than
$167,000,000 for research, development, demonstration, and
commercialization activities on the development of alternatives
to, recycling of, and efficient production and use of critical
minerals, including not less than $100,000,000 from EERE, not
less than $50,000,000 from FECM, and not less than $17,000,000
from the Office of Science.
Industrial Decarbonization.--The agreement provides not
less than $510,000,000 for industrial decarbonization
activities, including not less than $240,000,000 from EERE, not
less than $250,000,000 from FECM, and not less than $20,000,000
from the Office of Science. The agreement provides not less
than $25,000,000 for low-carbon feedstocks in the steel,
cement, concrete, and other heavy industrial sectors and not
less than $25,000,000 for clean heat alternatives for
industrial processes.
Grid Modernization.--The agreement reiterates House and
Senate direction on Grid Modernization and the Grid
Modernization Lab Consortium.
Carbon Dioxide Removal.--The agreement provides not less
than $104,000,000 for research, development, and demonstration
of carbon dioxide removal technologies, including not less than
$20,000,000 from EERE, not less than $49,000,000 from FECM, and
not less than $35,000,000 from the Office of Science. Within
available funds for carbon dioxide removal, the agreement
provides not less than $75,000,000 for direct air capture. The
Department is directed to coordinate these activities among
EERE, FECM, and the Office of Science.
Hydrogen Energy and Fuel Cell Coordination.--The Department
is directed to coordinate its efforts in hydrogen energy and
fuel cell technologies across its various departments and
offices in order to maximize the effectiveness of investments
in hydrogen-related activities. This coordination shall include
EERE, FECM, NE, OE, the Office of Science, and the Advanced
Research Projects Agency--Energy.
Harmful Algal Blooms.--The agreement reiterates House
direction on this topic.
DOE and USDA Interagency Working Group.--The agreement
reiterates House direction on this topic.
Landfill Emissions.--The agreement reiterates House
direction on this topic.
COVID--19 Research Delays.--The agreement reiterates House
and Senate direction on this topic.
Interagency Working Group on Coal and Power Plant
Communities and Economic Revitalization.--The Department is
directed to include an itemization of funding for these
activities in future budget requests.
Sexual Harassment.--The agreement reiterates Senate
direction on this topic.
The agreement provides no direction on Equity and Justice.
The agreement provides no direction on the Civilian Climate
Corps.
Energy Programs
ENERGY EFFICIENCY AND RENEWABLE ENERGY
The agreement provides $3,200,000,000 for Energy Efficiency
and Renewable Energy.
The agreement provides not less than $10,000,000 for the
Energy Transitions Initiative.
The agreement provides up to $5,000,000 for university-led
research in order to increase recycling rates for polyethylene
plastics and develop conversion of waste polyethylene to more
recyclable and biodegradable plastics.
The agreement provides $10,000,000 for a consortium of
universities in the United States that has established
agreements with universities in Canada and Mexico to conduct
research on a broad array of energy sources and topics.
SUSTAINABLE TRANSPORTATION
The Vehicle Technologies, Bioenergy Technologies, and
Hydrogen and Fuel Cell Technologies offices are directed to
work closely with the Department of Agriculture and the private
sector to develop common metrics to evaluate and compare the
impact of the emerging clean hydrogen industry on the ethanol
and biodiesel industries.
Within available funds, the agreement provides not less
than $30,000,000 to continue the SuperTruck III program.
Vehicle Technologies.--The agreement provides not less than
$200,000,000 for Battery and Electrification Technologies.
The agreement provides up to $15,000,000 to advance energy
efficiency and low emissions technologies for off-road
application vehicles, including commercial, of which up to
$5,000,000 is for fluid power systems.
The agreement provides up to $10,000,000 to support
research and development relevant to two-stroke opposed-piston
engines.
The agreement provides not less than $80,000,000 for
Technology Integration, previously called Outreach, Deployment,
and Analysis. Within available funds, the agreement provides
not less than $50,000,000 for deployment through the Clean
Cities program, including not less than $30,000,000 for
competitive grants.
The agreement provides not less than $40,000,000 for Energy
Efficient Mobility Systems.
The agreement provides not less than $5,000,000 for
electric vehicle workforce development activities and
reiterates House direction on the related report and roadmap.
The agreement reiterates House direction on the assessment
and briefing related to electric vehicle charging
infrastructure in underserved or disadvantaged communities.
The agreement provides up to $5,000,000 for research on
direct injection, engine technology, and the use of dimethyl
ether as fuel.
The agreement provides up to $10,000,000 to address
technical barriers to the increased use of natural gas
vehicles, including for applications in on-road vehicles, off-
road vehicles, maritime, or rail.
Bioenergy Technologies.--The agreement provides not less
than $42,000,000 for Feedstock Technologies and the Biomass
Feedstock National User Facility.
The agreement provides not less than $40,000,000 for
advanced algal systems to sustain the investment in development
of algal biofuels.
The agreement provides $3,000,000 for research, at
commercially relevant processing scales, into affordable wood
chip fractionation technologies and other processing
improvements relevant to biorefineries in order to enable
economic production of cellulose nanomaterials and economic
upgrading of hemicelluloses and lignin.
Within available funds for Conversion Technologies, the
agreement provides not less than $23,000,000 for the Agile
BioFoundry, including not less than $3,000,000 to continue
developing methods and technologies to advance biological
engineering, to support expanded focus on artificial
intelligence and machine learning and software development, to
improve the predictive design of organisms and pathways, to
build tools accessible to the wider scientific community, and
for the purchase of state-of-technology instrumentation that
will enable better and more expansive collaborations. Within
available funds for Conversion Technologies, the agreement
provides $5,000,000 to demonstrate the use of and improve the
efficiency of community-scale digesters with priority given for
projects in states and tribal areas that have adopted statutory
requirements for the diversion of a high percentage of food
material from municipal waste streams.
The agreement provides up to $5,000,000 for continued
support of the development and testing of new domestic
manufactured low-emission, high-efficiency, residential wood
heaters that supply easily accessed and affordable renewable
energy and have the potential to reduce the national costs
associated with thermal energy.
Hydrogen and Fuel Cell Technologies.--The agreement
provides $157,500,000 for Hydrogen and Fuel Cell Technologies
to maintain a diverse program which focuses on early-,
mid-, and late-stage research and development and technology
acceleration including market transformation.
The agreement provides not less than $60,000,000 for
technologies to advance hydrogen use for heavy-duty
transportation and industrial applications.
The agreement provides $2,500,000 for research that tightly
couples advanced modeling, characterization, and controlled
synthesis to elucidate the key mechanisms in this technology.
This research should include participation by a university with
demonstrated expertise with perovskite materials.
The agreement provides not less than $15,000,000 to cost
share the Office of Nuclear Energy hydrogen demonstration
project, including for high temperature electrolysis research
and development at a national laboratory. The agreement
provides up to $14,000,000 to support ongoing efforts for high-
and low-temperature electrolyzer development.
The agreement provides not less than $10,000,000 for solar
fuels research and development.
The agreement provides not less than $40,000,000 for System
Development and Integration, including not less than
$10,000,000 for Safety, Codes, and Standards.
The agreement provides not less than $45,000,000 for
Hydrogen Technologies.
The Department shall continue research on novel onboard
hydrogen tank systems, as well as trailer delivery systems to
reduce costs of delivered hydrogen.
RENEWABLE ENERGY
Solar Energy Technologies.--The agreement provides not less
than $50,000,000 for Systems Integration and not less than
$75,000,000 for Photovoltaic Technologies.
The agreement provides not less than $25,000,000 for
additional investments in Cadmium Telluride to implement goals
of a technology roadmap developed by the consortium. The
agreement provides not less than $25,000,000 for perovskites.
The agreement provides not less than $20,000,000 for the
Department to expand work to lower barriers to solar adoption
for low-income households, renters, multifamily homes, and
racially diverse communities.
The agreement provides not less than $40,000,000 for
Balance of System Soft Costs efforts focused on reducing the
time and costs for planning, siting, permitting, inspecting,
and interconnecting distributed and large-scale solar or
storage projects through standardized requirements, online
application systems, technical assistance, and grant awards to
localities that voluntarily adopt the Solar Automated Permit
Processing platform. Within available funds for Balance of
Systems Soft Costs, $5,000,000 is for the National Community
Solar Partnership program.
Wind Energy Technologies.--The agreement provides not less
than $10,000,000 for distributed wind technologies.
The agreement provides not less than $10,000,000 to support
additional project development and pre-construction activities
for offshore wind demonstration projects to help ensure
success. The Department is directed to support innovative
offshore wind demonstration projects to optimize their
development, design, construction methods, testing plans, and
economic value proposition. The Department is directed to
support the advancement of innovative technologies for offshore
wind development including freshwater, deep water, shallow
water, and transitional depth installations.
The agreement provides up to $6,000,000 for Centers of
Excellence focused on offshore wind energy engineering,
infrastructure, supply chain, transmission, and other pertinent
issues required to support offshore wind in the United States.
The agreement provides direction related to advanced
manufacturing of wind blades and components within Advanced
Manufacturing.
The agreement provides up to $5,000,000 for the Wind Energy
Technologies Office and the Water Power Technologies Office to
support university-led research projects related to resource
characterization, site planning, feasibility assessments,
community outreach, and planning for long-term environmental
monitoring for applications of marine energy and floating
offshore wind technologies to support sustainable offshore
energy deployment and scalable aquaculture production.
The agreement provides up to $30,000,000 for research and
development that can lead to demonstration of onsite
manufacturing of turbine system components to enable turbine
construction with blade length greater than 75 meters.
The agreement provides not less than $30,000,000 for the
National Wind Technology Center and up to $5,000,000 for
research and operations of the Integrated Energy System at
Scale.
The agreement provides not less than $30,000,000 for the
Department to prioritize early-stage research on materials and
manufacturing methods and advanced components that will enable
high quality wind resources to compete in the marketplace
without the need for subsidies, and on activities that will
accelerate fundamental offshore-specific research and
development such as those that target technology and deployment
challenges unique to U.S. waters.
Water Power Technologies.--The agreement provides not less
than $47,000,000 for Hydropower Technologies and not less than
$112,000,000 for Marine and Hydrokinetic Technologies.
The agreement provides $5,000,000 to continue industry-led
research, development, demonstration, and deployment efforts of
innovative technologies for fish passage and invasive fish
species removal at hydropower facilities, as well as analysis
of hydrologic climate science and water basin data to
understand the impact of climate change on hydropower.
The agreement provides up to $10,000,000 for the purposes
of sections 242 and 243 of the Energy Policy Act of 2005.
The agreement provides not less than $24,000,000 for the
Powering the Blue Economy initiative.
The agreement provides up to $20,000,000 to address
infrastructure needs at marine energy technology testing sites,
including general plant projects, and to support for planning
activities for the staged development of an ocean current test
facility. The agreement provides up to $5,000,000 for the
Department to continue its support of operations at the
Atlantic Marine Energy Center to accelerate the transition of
wave and tidal energy technologies to market.
The agreement reiterates House and Senate direction on
industry-led competitive solicitations to increase energy
capture; foundational research activities led by universities
and other research institutions affiliated with the National
Marine Energy Centers; the continued development and
construction of an open water, fully energetic, grid connected
wave energy test facility; and the continuation of the Testing
Expertise and Access for Marine Energy Research initiative.
The Department is directed to continue to coordinate with
the U.S. Navy and other federal agencies on marine energy
technology development for national security and other
applications.
The agreement provides $5,000,000 for the environmental
analyses and engineering of potential run-of-river hydrokinetic
facilities at two sites with high electricity costs and diesel
use, as determined by the Secretary.
Geothermal Technologies.--The agreement provides up to
$75,000,000 for enhanced geothermal system demonstrations and
next-generation geothermal demonstration projects in diverse
geographic areas. The agreement provides not less than
$10,000,000 for research, development, and demonstration
efforts relevant to super-hot rock geothermal technology. The
agreement provides not less than $17,000,000 for Low
Temperature and Coproduced Resources. The Department is
directed to continue its efforts to identify and characterize
geothermal resources in areas with no obvious surface
expressions.
Renewable Energy Grid Integration.--The agreement includes
a new control point and provides $40,000,000 for activities to
facilitate the integration of grid activities among renewable
energy technologies. Further, within available funds, the
agreement provides $10,000,000 for development and
demonstration of an ``energyshed'' management system that
addresses a discrete geographic area in which renewable sources
currently provide a large portion of electric energy needs,
where grid capacity constraints result in curtailment of
renewable generation, and with very substantial existing
deployment of interactive smart meters. The ``energyshed''
design should achieve a high level of integration, resilience,
and reliability among all energy uses, including both on-demand
and long-time energy scales, transmission, and distribution of
electricity.
ENERGY EFFICIENCY
Advanced Manufacturing.--The agreement provides $25,000,000
for the Energy-Water Desalination Hub and provides up to
$10,000,000 to be used to issue a competitive solicitation for
university and industry-led teams to improve the efficiency of
industrial drying processes.
The agreement provides $5,000,000 to expand the technical
assistance provided for water and wastewater treatment and
reiterates House direction on the related briefing. The
Department is directed to summarize its efforts to work with
key stakeholders in this area, including wastewater and
drinking water providers, to maximize the investment of these
dollars to high priority targets. The agreement provides
$20,000,000 for research and development on technologies to
achieve energy efficiency of water and wastewater treatment
plants, including the deployment of alternative energy sources,
as appropriate.
The agreement provides $10,000,000 for the development of
advanced tooling for lightweight automotive components to lead
the transition to electric vehicle and mobility solutions to
meet the national urgency for market adoption.
The agreement provides up to $20,000,000 to continue the
development of additive manufacturing involving nanocellulosic
feedstock materials made from forest products to overcome
challenges to the cost and deployment of building,
transportation, and energy technologies.
The Department is directed to further foster the
partnership between the national laboratories, universities,
and industry to use bio-based thermoplastics composites, such
as micro- and nanocellulosic materials, and large-area 3-D
printing to overcome challenges to the cost and deployment of
building, transportation, and energy technologies.
The agreement provides up to $20,000,000 for the Advanced
Manufacturing Office to work in coordination with the Hydrogen
and Fuel Cell Technologies Office to support high-impact
activities for the development and deployment of hydrogen and
fuel cell technologies, including on the economic use of low-
carbon hydrogen for industrial processes.
The agreement provides $25,000,000 for the Manufacturing
Demonstration Facility (MDF) and the Carbon Fiber Technology
Facility. Within available funds for MDF, the agreement
provides $5,000,000 for the development of processes for
materials solutions.
The Department is directed to support activities for
conversion and retooling of manufacturing industrial facilities
to support the domestic auto industry and to retain American
competitiveness in building the vehicles of the future.
The agreement provides $20,000,000 for process-informed
science, design, and engineering materials and devices in harsh
environments, including nuclear environments, and to
demonstrate integrated energy systems applied to decarbonized
steel making and refractory materials, including net zero or
high-temperature hydrogen-based decarbonization. The agreement
provides $10,000,000 for continued research for dynamic
catalyst science coupled with data analytics.
The agreement provides not less than $20,000,000 for
electric vehicle battery manufacturing. The Department is
directed to prioritize funding to partnerships and consortiums
that include private industry, universities, and nonprofit
organizations with expertise in electric vehicle manufacturing,
electric vehicle workforce development, and regional innovation
development.
The agreement provides $10,000,000 for research,
development, and demonstration activities that will enable U.S.
manufacturers to increase the recovery, recycling, reuse, and
remanufacturing of plastics, metals, electronic waste, and
fibers.
The agreement provides no direction related to
environmental product declarations.
The agreement provides up to $20,000,000 for the Industrial
Assessment Center (IAC) program and reiterates Senate
direction. Within the funds provided for the IACs, the
agreement provides up to $4,000,000 for applied technical
assistance and the purchase and pilot testing of innovative
technology and reiterates Senate direction.
The agreement provides not less than $13,000,000 to provide
ongoing support for the Combined Heat and Power (CHP) Technical
Assistance Partnerships (TAPs) and related CHP Technical
Partnership activities, including not less than $5,000,000 for
the TAPs and not less than $7,000,000 for related CHP
activities. The Department is directed to collaborate with
industry on the potential energy efficiency and energy security
gains to be realized with district energy systems.
The agreement provides up to $10,000,000 for the issuance
of a competitive solicitation for industry-led teams to improve
the efficiency and sustainability of metal extraction through
artificial intelligence and machine learning, giving priority
to gold and silver extraction activities.
The Department is directed to carry out activities in
accordance with title VI of the Energy Act of 2020.
The agreement provides $5,000,000 to support sustainable
chemistry research and development.
The agreement provides $4,000,000 to support additive
manufacturing work on large wind blades that will allow for
rapid prototyping, tooling, fabrication, and testing;
$7,000,000 for additive manufacturing of wind turbine
components; and $18,000,000 for advanced wind turbine blade
manufacturing research, including additive composite tip
technology, automation, and sustainability.
The agreement provides not less than $7,000,000 to continue
technology development to convert lithium chloride from
geothermal brine into lithium hydroxide that will inform the
design of a commercial-scale facility that will both extract
lithium from geothermal brine and convert the lithium in
geothermal brine into the lithium hydroxide.
The agreement provides $5,000,000 to continue to develop
and industrialize low-cost polymer infiltration processes for
the fabrication of ceramic matrix composites for high-
temperature components, giving priority to silicon carbide
components.
The agreement provides not less than $5,000,000 to apply
the Office of Science's leadership computing facility expertise
in machine learning to increase efficiencies in large scale,
high rate, aerostructures manufacturing.
Building Technologies.--The agreement provides not less
than $55,000,000 for the Commercial Building Integration
program for core research and development of more cost-
effective integration techniques and technologies that could
help the transition toward deep retrofits. The agreement
provides not less than $45,000,000 for Residential Building
Integration (RBI) and reiterates Senate directions related to
RBI.
The agreement provides not less than $58,000,000 for
Equipment and Building Standards, including not less than
$12,000,000 for Building Energy Codes.
The agreement provides not less than $30,000,000 for
Buildings-to-Grid integration research and development
consistent with a transactive energy system and in coordination
with the Office of Electricity's transactive energy systems
program to accelerate grid-enabled buildings and reduce
barriers to dynamic, responsive building energy use that can
meet customers' needs and support a reliable electric grid.
The agreement provides up to $30,000,000 for solid-state
lighting. If the Secretary finds solid-state lighting
technology eligible for the Twenty-First Century Lamp prize,
specified under section 655 of the Energy Independence and
Security Act of 2007, up to $5,000,000 shall be made available
to fund the prize or additional projects for solid-state
lighting research and development.
The agreement provides up to $5,000,000 for the
establishment of a Heat Pump Consortium to integrate and deploy
heat pump technologies in a joint industry partnership.
Significant research and development gaps remain to
transition to lower-carbon and zero-carbon fuels in buildings.
The Department is encouraged to continue to explore research
and development that can advance systems and appliances, driven
by delivered fuels including renewable fuels and hydrogen, to
meet consumer demand for high efficiency and environmentally
friendly products in residential and commercial building
applications, including heat pumps with power generation and
water heating, increased utilization of renewable fuels and
hydrogen, appliance venting, hybrid fuel-fired and
electrically-driven systems, distributed carbon capture,
mitigation of behind-the-meter methane emissions, and on-site
(micro) combined heat and power to include cooling and
integration with renewables.
The agreement reiterates House direction on a briefing
outlining the opportunities and challenges in deploying energy
efficient building technologies to public buildings and
buildings that host providers, such as food banks, serving
community needs.
Within available funds for Emerging Technologies, the
Department is encouraged to make funding available for Heating,
Ventilation, and Air Conditioning (HVAC) and Refrigeration
research, development and deployment, including heat pumps,
heat pump water heaters, and boilers. The Department shall
focus its efforts to address whole building energy performance
and cost issues to inform efforts to advance beneficial
electrification and greenhouse gas mitigation without
compromising building energy performance.
The agreement provides up to $50,000,000 for advanced HVAC
and dehumidification manufacturing scale-up projects.
The agreement reiterates Senate direction related to the
Grid-interactive Efficient Buildings (GEB) program.
Federal Energy Management Program.--The agreement
reiterates House and Senate direction related to energy
performance contracts management.
Weatherization and Intergovernmental Program.--Within
available funds for the State Energy Program, the agreement
provides $500,000 for technical assistance to continue the
Sustainable Wastewater Infrastructure of the Future
Accelerator.
Within available funds for the Weatherization Assistance
Program (WAP), the agreement provides $3,000,000 to support
community-scale weatherization and reiterates House direction
for this activity.
The agreement provides $1,000,000 be made available to WAP
grant recipients that have previously worked with the
Department via the Weatherization Innovation Pilot Program, for
the purpose of developing and implementing state and regional
programs to treat harmful substances, including vermiculite.
Energy Future Grants.--The agreement provides funds to
support state-, local-, and tribal-level approaches to meeting
energy needs at the local level, including through financial
and technical assistance to eligible entities for energy system
planning and analysis and conducting stakeholder engagement.
Eligible entities shall include states, local governments,
communities, U.S. territories, and tribes. The Department is
directed to provide to the Committees not later than 30 days
after enactment of this Act a briefing on its implementation
plan for this program.
Congressionally Directed Spending.--The agreement provides
$77,047,000 for the following list of projects that provide for
research, development, and demonstration for Energy Efficiency
and Renewable Energy activities or programs. Recipients are
reminded that statutory cost sharing requirements may apply to
these projects.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Cybersecurity, Energy Security, and Emergency Response
The agreement provides $185,804,000 for Cybersecurity,
Energy Security, and Emergency Response (CESER).
The Department is directed to include an itemization of
funding levels below the control point in future budget
requests. Given concerns about the longstanding lack of clarity
on the Department's cyber research and development
responsibilities, CESER is directed to coordinate with the
Office of Electricity and relevant applied energy offices in
clearly defining these program activities. The Department is
directed to provide the Committees quarterly updates on these
topics.
The agreement provides not less than $2,000,000 for digital
twin projects to enable essential collaborator participation
and their integration into the effort.
The agreement provides up to $20,000,000 for the Cyber
Testing for Resilient Industrial Control System (CyTRICS)
program.
Risk Management Technology and Tools.--The agreement
provides up to $10,000,000 for consequence-driven cyber-
informed engineering and up to $4,000,000 for university-based
research and development of scalable cyber-physical platforms
for resilient and secure electric power systems that are
flexible, modular, self-healing, and autonomous. The agreement
provides not less than $5,000,000 to conduct a demonstration
program of innovative technologies, such as technologies for
monitoring vegetation management, to improve grid resiliency
from wildfires. The agreement includes not less than $2,000,000
to continue the establishment of a network of university-based,
regional energy cybersecurity centers.
Congressionally Directed Spending.--The agreement provides
$3,000,000 for the following list of projects that provide for
research, development, and demonstration for CESER activities
or programs. Recipients are reminded that statutory cost
sharing requirements may apply to these projects.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Electricity
The agreement provides $277,000,000 for Electricity. The
Department is directed to include an itemization of funding
levels below the control point in future budget requests. Given
concerns about the longstanding lack of clarity on the
Department's cyber research and development responsibilities,
Electricity is directed to coordinate with the Office of
Cybersecurity, Energy Security, and Emergency Response (CESER)
and other relevant offices in clearly defining these program
activities. The Department is expected to integrate
cybersecurity, where relevant, throughout all of Electricity's
research, development, demonstration, and deployment
activities.
Energy Delivery Grid Operations Technology.--The agreement
provides $10,000,000 for the DarkNet project and $5,000,000 to
support research on silicon carbide semiconductors.
Resilient Distribution Systems.--The agreement provides up
to $10,000,000 for the COMMANDER National Test Bed.
The agreement reiterates House and Senate direction related
to the integration of sensors into distribution systems,
microgrid controllers and systems, and transactive energy
concepts.
The agreement provides not less than $10,000,000 for
demonstration projects with the Grid Sensors and Sensor
Analytics program. The agreement reiterates House and Senate
direction on focus areas for these demonstration projects,
including activities that may include post-weather or fire
event assessments and activities utilizing utility data from
advanced metering infrastructure.
The agreement reiterates Senate direction related to
barriers impeding grid integration of distributed energy
systems.
The agreement provides up to $10,000,000 for coordinated
research and development of microgrid-related technologies,
with a focus on underserved and Indigenous communities.
Energy Storage.--The agreement provides not less than
$20,000,000 for a competitive pilot demonstration grant
program, as authorized in section 3201 of the Energy Act of
2020, for energy storage projects that are U.S-controlled,
U.S.-made, and North American sourced and supplied. The
Department is directed to include in this program large scale
commercial development and deployment of long cycle life,
lithium-grid scale batteries and their components.
The agreement provides $5,000,000 for battery storage
demonstration projects that are located in areas where grid
capacity constraints result in curtailment of renewable
generation; improve grid resilience for a public utility that
is regularly affected by weather-related natural disasters; and
provide rate reduction and renewable energy benefits to
businesses, farms, and residents in economically-stressed rural
areas. Direct storage from solar generation may also be
incorporated.
Cyber R&D.--The agreement provides up to $5,000,000 for
university-based research and development of scalable cyber-
physical platforms for resilient and secure electric power
systems that are flexible, modular, self-healing, and
autonomous, in coordination with CESER.
Transformer Resilience and Advanced Components.--The
agreement provides up to $5,000,000 for the Grid Research
Integration and Demonstration Center and up to $2,500,000 to
further assess composite utility poles in controlled and field
tests. The Department is directed to support research and
development to advance safe and effective alternatives to SF6,
including in circuit breakers, reclosers, sectionalizers, load
break switches, switchgear, and gas insulated lines.
Transmission Permitting and Technical Assistance.--The
agreement reiterates Senate direction on collaboration with
relevant state entities to have access to grid, economic, and
emissions modeling.
Congressionally Directed Spending.--The agreement provides
$2,850,000 for the following list of projects that provide for
research, development, and demonstration for Electricity
activities or programs. Recipients are reminded that statutory
cost sharing requirements may apply to these projects.
[GRAPHIC] [TIFF OMITTED] TH9033001.424
NUCLEAR ENERGY
The agreement provides $1,654,800,000 for Nuclear Energy.
The Department is directed to provide to the Committees a
briefing and regular updates prior to any proposed contractual
and engineering design changes for advanced reactor projects
currently being funded. Further, the Department is directed to
provide to the Committees not later than 90 days after
enactment of this Act a detailed multi-year funding plan for
the advanced reactor designs currently being pursued by the
Department.
The agreement reiterates House direction related to a
report on thorium molten-salt reactors.
Nuclear Energy University Program (NEUP).--Since 2009, the
Department has allocated up to 20 percent of funds appropriated
to Nuclear Energy research and development programs to fund
university-led R&D and university infrastructure projects
through an open, competitive solicitation process using
formally certified peer reviewers. The agreement provides a
separate control point to fund NEUP and other crosscutting
program responsibilities (SBIR, STTR, and TCF) in order to
provide greater transparency and flexibility for this program.
The Department is directed to provide to the Committees prior
to the obligation of these funds a detailed spending and
execution plan for NEUP activities. The Department is directed
to provide to the Committees not later 90 days after enactment
of this Act and quarterly thereafter briefings on the
implementation of NEUP. The Department is directed to provide
to the Committees not later than 180 days after enactment of
this Act, and prior to taking any actions, a briefing on
proposals to address concerns and implement improvements
recommended by the Nuclear Engineering Department Heads
Organization. The agreement does not provide any funds to
initiate the construction of new university nuclear reactors.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
The agreement provides $3,000,000 to complete the
preliminary engineering and design, contingent on Departmental
approval, of a secure, separate, and shielded beamline at the
NSLS II at Brookhaven National Laboratory to examine
radioactive materials. This beamline shall complement and be
compatible with irradiation tests and infrastructure for
materials characterization and sample preparation at Idaho
National Laboratory.
Crosscutting Technology Development.--The agreement
provides $5,000,000 to support and expand research
collaborations, which may include a consortium, between
research universities and national laboratories utilizing
existing capabilities and infrastructure focused on the
benefits, as well as vulnerabilities, of digital
instrumentation for existing and future nuclear reactors,
including the use of new approaches, such as predictive
analytics, machine learning, and artificial intelligence, to
improve reactor safety and performance and address
cybersecurity issues. The agreement provides not less than
$5,000,000 to continue activities related to materials
development, including through public-private partnerships, to
develop new materials the nuclear industry will need in the
future. The agreement provides $10,000,000 for integrated
energy systems and $3,000,000 for Nuclear Materials Discovery
and Qualification. The agreement includes no direction on the
Gateway for Accelerated Innovation in Nuclear (GAIN) program.
Nuclear Science User Facilities.--The agreement provides
not less than $10,000,000 for computational support.
New Materials Development.--The agreement provides funding
for this activity in Crosscutting Technology Development.
FUEL CYCLE RESEARCH AND DEVELOPMENT
To support availability of high-assay low-enriched uranium
(HALEU) and other advanced nuclear fuels, consistent with
section 2001 of the Energy Act of 2020, the agreement includes
$72,000,000, including $2,000,000 for Mining, Shipping, and
Transportation; $45,000,000 for Advanced Nuclear Fuel
Availability; and not less than $25,000,000 within Material
Recovery and Waste Form Development.
Advanced Nuclear Fuel Availability.--The Department is
directed to conduct these activities in a manner that will
encourage, rather than discourage, the private sector
commercialization of HALEU production. The fiscal year 2020 Act
directed the Department to provide an evaluation on the
anticipated demand for HALEU, the timing of that demand, and
options for meeting that demand. Section 2001(b)(2) of the
Energy Act of 2020 requires the Department to submit to
Congress a report on a program to support the availability of
HALEU for civilian domestic demonstration and commercial use.
The Department is directed to submit these reports to the
Committees not later than 30 days after enactment of this Act
and not less than 60 days prior to the obligation of more than
90 percent of these funds.
Material Recovery and Waste Form Development.--The
agreement provides not less than $15,000,000 for EBR II
Processing for HALEU and $10,000,000 to continue work on the
ZIRCEX process.
Accident Tolerant Fuels.--The agreement provides not less
than $10,000,000 for further development of silicon carbide
ceramic matrix composite fuel cladding for light water
reactors. The agreement reiterates House and Senate direction
regarding information and briefing requirements for the
Accident Tolerant Fuels program.
Triso Fuel and Graphite Qualification.--The agreement
provides up to $10,000,000 to continue the transition of TRISO
fuel to a multiple-producer market, ensuring that more than one
industry source would be available to the commercial and
government markets.
Used Nuclear Fuel Disposition R&D.--The agreement provides
$5,000,000 for advanced reactor used fuel disposition to
address used fuel from TRISO-fueled and metal-fueled advanced
reactors.
Integrated Waste Management System.--The Department is
directed to continue site preparation activities at stranded
sites, to evaluate the re-initiation of regional transport, and
to undertake transportation coordination efforts.
REACTOR CONCEPTS RESEARCH AND DEVELOPMENT
Advanced Small Modular Reactor RD&D.--The agreement
provides $150,000,000 for ongoing demonstration activities.
Light Water Reactor Sustainability.--The agreement provides
not less than $10,000,000 to support new or previously awarded
hydrogen demonstration projects.
Advanced Reactor Technologies.--The agreement provides not
less than $13,000,000 for Advanced Reactor Concepts Industry
Awards; up to $5,000,000 for continued work on Supercritical
Transformational Electric Power (STEP) research and
development; and not less than $25,000,000 for MW-scale reactor
research and development, including not less than $9,000,000
for MARVEL. The agreement provides up to $5,000,000 for the
research and development of advanced isotope separation
processes for Molten Salt Reactors.
ADVANCED REACTOR DEMONSTRATION PROGRAM
The Department is directed to continue to ensure the
program moves forward expeditiously and within original scope
and budget. The Department is directed to continue to focus
resources on partners capable of project delivery within five
to seven years of award.
National Reactor Innovation Center.--The agreement provides
up to $48,000,000 for capital design and construction
activities for demonstration reactor test bed preparation at
Idaho National Laboratory supporting reactor demonstration
activities. The Department shall submit a Construction Project
Data Sheet for each such applicable project that is expected to
exceed the minor construction threshold.
Fossil Energy and Carbon Management
The agreement provides $825,000,000 for Fossil Energy and
Carbon Management.
Consistent with section 961(a)(3) of the Energy Policy Act
of 2005, in carrying out the objectives described in
subparagraphs (F) through (K) of paragraph (2) of section
961(a), the Secretary shall prioritize activities and
strategies that have the potential to significantly reduce
emissions for each technology relevant to the applicable
objective and the international commitments of the United
States.
The agreement provides no funds to plan, develop,
implement, or pursue the consolidation or closure of any of the
National Energy Technology Laboratory (NETL) sites.
The agreement provides not less than $5,000,000 for
integrated energy systems and $500,000 to support feasibility
and operational planning for large-scale biomass production for
the purposes of bioenergy with carbon capture and storage.
The agreement provides $10,000,000 for a laboratory
demonstration project for carbon-neutral methanol synthesis
from direct air capture and carbon-free hydrogen production.
Solid Oxide Fuel Cell Systems & Hydrogen.--The agreement
provides not less than $105,000,000 for the research,
development, and demonstration of solid oxide fuel cell systems
and hydrogen production, transport, storage, and use systems.
National Carbon Capture Center.--The agreement supports
funding for the National Carbon Capture Center consistent with
the cooperative agreement.
CCUS AND POWER SYSTEMS
The Department is directed to conduct CCUS activities,
including front-end engineering and design studies, large pilot
projects, and demonstration projects that capture and securely
store commercial volumes of carbon dioxide from fossil energy
power plants, industrial facilities, or directly from the air,
consistent with the objectives of title IV of the Energy Act of
2020.
The Department is directed to establish a program to
support research and development of novel, proof-of-principle
carbon containment projects with the goal of finding and de-
risking methods and locations to remove atmospheric carbon
dioxide that are effective, safe, low cost, and scalable. The
agreement provides up to $50,000,000 to support work at
multiple sites, including within significant basalt formations,
to pursue research, development, and deployment of carbon
containment technologies and proximate carbon dioxide capturing
systems that also meet regional economic and ecological
restoration policy goals such as catastrophic wildfire
mitigation and job creation.
Carbon Capture.--The agreement provides up to $50,000,000
to support front-end engineering and design studies, large
pilot projects, and demonstration projects, including for the
development of a first-of-its-kind carbon capture project at an
existing natural gas combined cycle plant. The agreement
provides not less than $10,000,000 for research and
optimization of carbon capture technologies at industrial
facilities and not less than $12,000,000 for research and
optimization of carbon capture technologies for natural gas
power systems. The agreement provides up to $10,000,000 to
assist communities in the design and construction of pilot-
scale equipment and systems necessary to demonstrate carbon
capture, utilization, and storage at waste to energy plants.
Carbon Dioxide Removal.--The agreement provides $5,000,000
for a competitive solicitation for a study of the development
of a direct air capture facility co-located with a geothermal
energy resource. The agreement provides $5,000,000 for
research, development, and demonstration activities related to
the indirect sequestration of carbon dioxide from ocean waters.
Carbon Utilization.--The agreement provides not less than
$8,000,000 for a competitive solicitation to conduct tests of
technologies for carbon dioxide absorption integrated with
algae systems for capturing and reusing or utilizing carbon
dioxide to produce useful fuels and chemicals, giving priority
for teams with university participants.
Carbon Storage.--The agreement provides not less than
$35,000,000 for CarbonSAFE and not less than $20,000,000 for
the Regional Carbon Sequestration Partnerships. The agreement
includes no direction for Storage Infrastructure. The only
direction for carbon containment technologies and proximate
carbon dioxide capturing systems is located in the front matter
of CCUS and Power Systems.
Advanced Energy and Hydrogen Systems.--The agreement
provides not less than $30,000,000 for Advanced Turbines to
carry out research, development, and technology demonstration
to improve the efficiency of gas turbines used in power
generation systems, aviation, and other applications. The
agreement provides up to $50,000,000 for materials research and
development. The Department is directed to support the
development of ceramic matrix composite (CMC) materials in
accordance with the CMC Manufacturing Roadmap and section 4005
of the Energy Act of 2020.
Crosscutting Research.--The agreement provides $1,000,000
for research, development, and commercialization of value-added
natural gas technologies consistent with Senate direction.
Minerals Sustainability.--The agreement provides not less
than $23,000,000 for research and development activities to
develop advanced separation technologies for the extraction and
recovery of rare earth elements and other critical materials
from coal and coal byproducts, as well as mitigate any
potential environmental and public health impacts of such
activities. The Department is directed to continue the Carbon
Ore, Rare Earths, and Critical Minerals (CORE-CM) Program. The
agreement provides up to $6,000,000 for the Department, in
collaboration with the Department of Commerce and U.S.
Geological Survey, to pilot a research and development project
to enhance the security and stability of the rare earth element
supply chain. Research shall include approaches to mining of
domestic rare earth elements that are critical to U.S.
technology development and manufacturing, as well as emphasize
environmentally responsible mining practices.
Supercritical Transformational Electric Power (STEP)
Generation1.--The agreement supports efforts, consistent with
the current cooperative agreement, to complete the necessary
design and construction of the 10-MW pilot and to conduct the
necessary testing for the facility. The Department is directed
to brief the Committees prior to any change to scope or cost
profile of the project. The agreement provides additional funds
for competitively awarded research and development activities.
RESOURCE TECHNOLOGIES AND SUSTAINABILITY
The agreement provides not less than $20,000,000 for
Emissions Mitigation from Midstream Infrastructure, including
$5,000,000 to develop and demonstrate an easily implementable,
maintainable, and low-cost integrated methane monitoring
platform consistent with Senate direction.
The agreement provides not less than $10,000,000 for
Emissions Quantification from Natural Gas Infrastructure,
including $1,500,000 to accelerate development and deployment
of high-temperature harsh-environment sensors, sensor
packaging, and wireless sensor hardware for power generation.
The agreement provides not less than $12,000,000 for
Environmentally Prudent Development, including up to $6,000,000
to continue the Risk Based Data Management System.
The agreement provides not less than $20,000,000 for
natural gas utilization, hydrogen, sustainable fuels, and
chemicals. The agreement provides up to $5,000,000 for a
demonstration project focused on producing hydrogen from the
processing of produced water and mineral substances and on
transporting hydrogen using existing energy infrastructure.
The agreement provides $10,000,000 for further research on
multipronged approaches for characterizing the constituents of
and managing the cleaning of water produced during the
extraction of oil and natural gas, of which $8,000,000 is
available to partner with research universities engaged in the
study of characterizing, cleaning, treating, and managing
produced water and who are willing to engage through public
private partnerships with the energy industry to develop and
assess commercially viable technology to achieve the same.
The agreement provides $10,000,000 for university research
and field investigations in the Gulf of Mexico to confirm the
nature, regional context, and hydrocarbon system behavior of
gas hydrate deposits.
The agreement provides not less than $19,000,000 for
Unconventional Field Test Sites. The Department is directed to
maintain robust efforts in enhanced recovery technologies.
NETL INFRASTRUCTURE
Within available funds for NETL Infrastructure, the
Department is directed to prioritize funds for Joule, the
Center for Artificial Intelligence and Machine Learning, site-
wide upgrades for safety, and addressing and avoiding deferred
maintenance. The agreement provides up to $25,000,000 to
establish a direct air capture facility.
Congressionally Directed Spending.--The agreement provides
$20,199,000 for the following list of projects that provide for
research, development, and demonstration for Fossil Energy and
Carbon Management activities or programs. Recipients are
reminded that statutory cost sharing requirements may apply to
these projects.
[GRAPHIC] [TIFF OMITTED] TH9033001.425
Naval Petroleum And Oil Shale Reserves
The agreement provides $13,650,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement includes $219,000,000 for the Strategic
Petroleum Reserve, of which $22,000,000 is for the Northeast
Gasoline Supply Reserve.
No funding is requested for the establishment of a new
regional petroleum product reserve, and no funding is provided
for this purpose. Further, the Department may not establish any
new regional petroleum product reserves unless funding for such
a proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget request and approved
by Congress in an appropriations Act.
SPR Petroleum Account
The agreement provides $7,350,000 for the SPR Petroleum
Account.
Northeast Home Heating Oil Reserve
The agreement provides $6,500,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $129,087,000 for the Energy
Information Administration.
Non-Defense Environmental Cleanup
The agreement provides $333,863,000 for Non-Defense
Environmental Cleanup.
Small Sites.--The agreement provides $119,340,000 for Small
Sites cleanup. Within this amount, $21,340,000 is for the
Energy Technology Engineering Center, $11,000,000 is for Idaho
National Laboratory, $5,000,000 is to continue work at Lawrence
Berkeley National Laboratory, $67,000,000 is for Moab, and
$15,000,000 is for excess Office of Science facilities.
Gaseous Diffusion Plants.--The agreement provides
$121,203,000 for cleanup activities at the Gaseous Diffusion
Plants, including an additional $5,000,000 above the budget
request for treatment and shipping of cylinders.
Uranium Enrichment Decontamination And Decommissioning Fund
The agreement provides $860,000,000 for activities funded
from the Uranium Enrichment Decontamination and Decommissioning
Fund.
Portsmouth Site.--Within funds available for Pensions and
Community and Regulatory Support, the agreement provides an
additional $500,000 above the budget request for the Department
to establish a community liaison and to provide technical and
regulatory assistance to the local community and surrounding
counties. The agreement reiterates House direction on air and
ground water monitoring and reporting, land use planning, and
Committee briefings following additional environmental
sampling.
Science
The agreement provides $7,475,000,000 for Science.
The agreement provides not less than $120,000,000 for
Artificial Intelligence and Machine Learning capabilities
across the Office of Science programs.
The agreement provides not less than $2,000,000 for
collaboration with the National Institutes of Health within the
Department's data and computational mission space.
The agreement provides not less than $245,000,000 for
quantum information science, including not less than
$120,000,000 for research and $125,000,000 for the five
National Quantum Information Science Research Centers.
The agreement reiterates House direction on traineeships.
The Department is directed to provide to the Committees not
later than 90 days after enactment of this Act and annually
thereafter briefings on implementation of the new workforce
initiative.
The Department is directed to award up to 10 Lawrence
Awards with an honorarium of not less than $20,000 per awardee.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
The agreement provides not less than $160,000,000 for the
Argonne Leadership Computing Facility, $250,000,000 for the Oak
Ridge Leadership Computing Facility, not less than $120,000,000
for the National Energy Research Scientific Computing Center at
Lawrence Berkeley National Laboratory, and not less than
$90,000,000 for ESnet.
The agreement provides not less than $260,000,000 for
Mathematical, Computational, and Computer Sciences Research,
including not less than $15,000,000 for computational sciences
workforce programs.
The agreement provides not less than $15,000,000 and up to
$40,000,000 for the development of AI-optimized emerging memory
technology for AI-specialized hardware allowing for new
computing capabilities tailored to the demands of artificial
intelligence systems.
BASIC ENERGY SCIENCES
The agreement provides not less than $130,000,000 for the
Energy Frontier Research Centers, $25,000,000 for EPSCoR,
$25,000,000 for the Batteries and Energy Storage Innovation
Hub, and not less than $20,000,000 for the Fuels from Sunlight
Innovation Hub.
The agreement provides not less than $538,000,000 for
facilities operations of the nation's light sources, not less
than $294,000,000 for facilities operations of the high-flux
neutron sources, and not less than $142,000,000 for facilities
operations and recapitalization of the Nanoscale Science
Research Centers (NSRC).
The agreement provides not less than $14,300,000 for other
project costs, including $4,300,000 for Linac Coherent Light
Source-II, $5,000,000 for Advanced Photon Source Upgrade,
$3,000,000 for Linac Coherent Light Source-II HE, and
$2,000,000 for Cryomodule Repair & Maintenance Facility. The
agreement provides $15,000,000 for NSRC Recapitalization and
not less than $15,000,000 for NSLS II Experimental Tools-II.
The agreement reiterates House and Senate direction regarding
the importance of additional beamlines at NSLS II and the
development of a related plan.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The agreement provides not less than $395,000,000 for
Biological Systems Science and not less than $410,000,000 for
Earth and Environmental Systems Sciences.
Within available funds, the agreement provides up to
$8,000,000 to develop and test novel sensor technologies,
procure second generation EcoPOD units, and create the
computational and experimental infrastructures necessary to
dissect field observations at atomic and molecular levels in
fabricated ecosystems.
The agreement provides not less than $100,000,000 for the
Bioenergy Research Centers.
The agreement provides not less than $109,000,000 for
Foundational Genomics Research and not less than $82,500,000
for the Joint Genome Institute.
The agreement provides not less than $45,000,000 for
Biomolecular Characterization and Imaging Science, including up
to $15,000,000 to continue the development of a multi-scale
genes-to ecosystems approach that supports a predictive
understanding of gene functions and how they scale with complex
biological and environmental systems.
The agreement provides not less than $8,000,000 for the
low-dose radiation research program and reiterates House
direction related to developing a plan for low-dose radiation
research.
The agreement provides not less than $15,000,000 and up to
$30,000,000 to build upon cloud aerosol effects research.
Within those available funds, the Department is directed to
support the modernization and acceleration of the Energy,
Exascale, and Earth System Model program to improve earth
system prediction and climate risk management in the service of
U.S. public safety, security, and economic interests,
including, in coordination with the Department of Homeland
Security, evaluation of the modernization and adaptation of
capabilities from the National Infrastructure Simulation and
Analysis Center to support climate impacts on infrastructure
and communities.
The agreement provides $2,000,000 in funding for academia
to examine and perform independent evaluations of climate
models using existing data sets and peer-reviewed publications
of climate-scale processes to validate various models' ability
to reproduce the actual climate.
The agreement provides not less than $105,000,000 for
Environmental System Science. The Department is directed to
continue to support NGEE Arctic, NGEE Tropics, the SPRUCE field
site, the Watershed Function and Mercury Science Focus Areas,
and the AmeriFLUX project.
The agreement provides not less than $30,000,000 to
continue the development of observational assets and support
associated research on the nation's major land-water
interfaces, including the Great Lakes and the Puget Sound, that
leverages national laboratories' assets as well as local
infrastructure and expertise at universities and other research
institutions. The agreement reiterates House direction on
developing a ten-year research plan.
The Department is directed to give priority to optimizing
the operation of BER user facilities.
FUSION ENERGY SCIENCES
The Department is directed to follow and embrace the
recommendations of the Fusion Energy Sciences Advisory
Committee's ``Powering the Future: Fusion and Plasmas' ''
report; the agreement reiterates House direction on the related
briefing.
The agreement provides not less than $20,000,000 for the
High-Energy-Density Laboratory Plasmas program to advance
cutting-edge research in extreme states of matter; expand the
capabilities of the LaserNetUS facilities; and provide initial
investments in new intense, ultrafast laser technologies needed
to retain U.S. leadership in these fields.
The agreement provides not less than $59,000,000 for NSTX-U
Operations, not less than $33,000,000 for NSTX-U Research, and
not less than $25,000,000 for the Material Plasma Exposure
eXperiment.
The agreement reiterates House direction on the Milestone-
Based Development Program and the stellarator facility.
The agreement provides $242,000,000 for the U.S.
contribution to the ITER project, of which not less than
$60,000,000 is for in-cash contributions. The agreement
reiterates House direction on an updated baseline for
Subproject 1 and a baseline for Subproject 2.
HIGH ENERGY PHYSICS
The agreement provides not less than $30,000,000 for the
Sanford Underground Research Facility, up to $20,000,000 for
Cosmic Microwave Background-Stage 4, and not less than
$40,000,000 for the HL-LHC Upgrade projects.
The agreement supports activities for the LuSEE Night
project.
The agreement provides up to $13,000,000 for other project
costs for the Long Baseline Neutrino Facility/Deep Underground
Neutrino Experiment. Further, if the Department deems it
necessary to provide further funding for this project, it is
encouraged to seek a reprogramming, but these funds shall come
from other research activities and projects currently funded at
Fermi National Laboratory.
NUCLEAR PHYSICS
The Department is directed to give priority to optimizing
operations for all Nuclear Physics user facilities.
The agreement provides for the completion of sPHENIX, up to
$15,800,000 for the Gamma-Ray Energy Tracking Array, up to
$16,200,000 for MOLLER, up to $1,400,000 for Ton-Scale
Neutrinoless Double Beta Decay, and up to $13,000,000 for the
High Rigidity Spectrometer.
ISOTOPES R&D AND PRODUCTION
The agreement supports the FRIB Isotope Harvesting
projects.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The agreement reiterates House and Senate direction on a
five-year educational and workforce development plan. The
agreement reiterates Senate direction on the curriculum working
group.
SCIENCE LABORATORIES INFRASTRUCTURE
The Department is directed to provide to the Committees not
later 90 days after enactment of this Act a briefing on the
funding levels required for operations and maintenance of the
Oak Ridge National Laboratory nuclear facilities. This is the
only direction related to the Oak Ridge National Laboratory
nuclear facilities.
Nuclear Waste Disposal
The agreement provides $27,500,000 for Nuclear Waste
Disposal, of which $20,000,000 is for interim storage and
$7,500,000 is for Nuclear Waste Fund oversight activities.
Technology Transitions
The agreement provides $19,470,000 for Technology
Transitions. The agreement provides not less than $5,000,000
for a competitive funding opportunity for incubators supporting
energy innovation clusters.
Clean Energy Demonstrations
The agreement provides $20,000,000 for Clean Energy
Demonstrations.
Pursuant to the budget request, the Office of Clean Energy
Demonstrations (OCED) is intended to be a technology neutral
office with expertise in large-scale energy project management
and finance. It is expected that the Department avoid the
practice of making awards dependent on funding from future
years' appropriations. The Department is directed to provide to
the Committees not later than 30 days after enactment of this
Act a briefing on how OCED will conduct administrative and
project management responsibilities.
Advanced Research Projects Agency--Energy
The agreement provides $450,000,000 for the Advanced
Research Projects Agency--Energy (ARPA-E). The Department is
directed to consider activities proposed under ARPA-C that are
consistent with ARPA-E's mission and authorization in addition
to its other current and proposed activities.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides a net appropriation of $29,000,000
in administrative expenses for the Title 17 Innovative
Technology Loan Guarantee Program.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $5,000,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Tribal Energy Loan Guarantee Program
The agreement provides $2,000,000 for the Tribal Energy
Loan Guarantee Program.
Indian Energy Policy and Programs
The agreement provides $58,000,000 for Indian Energy Policy
and Programs. The agreement provides not less than $20,000,000
to advance technical assistance, demonstration, and deployment
of clean energy technologies, including solar and energy
storage, for households and communities in tribal nations to
improve reliability, resilience, and alleviate energy poverty.
Departmental Administration
The agreement provides $240,000,000 for Departmental
Administration.
The agreement reiterates House direction on the report
related to critical minerals assets.
Control Points.--The agreement includes eight reprogramming
control points in this account to provide flexibility in the
management of support functions. The Other Departmental
Administration activities include Management, Project
Management Oversight and Assessments, Chief Human Capital
Officer, Office of Small and Disadvantaged Business
Utilization, General Counsel, Office of Policy, and Public
Affairs. The Department is directed to continue to submit a
budget request that proposes a separate funding level for each
of these activities.
Chief Information Officer.--The agreement provides not less
than $71,800,000 for cybersecurity and secure information. In
addition, the agreement provides not less than $55,000,000 to
address the impacts of the SolarWinds incident across the
Department.
International Affairs.--The agreement provides $2,000,000
for the Israel Binational Industrial Research and Development
(BIRD) Foundation and $4,000,000 to continue the U.S. Israel
Center of Excellence in Energy Engineering and Water
Technology.
Other Departmental Administration.--The agreement provides
not less than $28,000,000 for the Chief Human Capital Officer,
up to $38,000,000 for the General Counsel, not less than
$13,000,000 for Project Management Oversight and Assessments,
not less than $3,500,000 for the Office of Small and
Disadvantaged Business Utilization, and not less than
$4,000,000 for Public Affairs.
U.S. Energy and Employment Report.--The agreement provides
up to $2,000,000 for the Department to continue to complete an
annual U.S. energy employment report that includes a
comprehensive statistical survey to collect data, publish the
data, and provide a summary report, with requirements as
outlined in the House report. The Department is directed to
produce and release this report annually.
The agreement reiterates Senate direction related to the
CIO Business Operations Support Services (CBOSS) program.
Office of the Inspector General
The agreement provides $78,000,000 for the Office of the
Inspector General. The following is the only direction for the
Office of the Inspector General.
There continues to be concerns about how the new
independent audit strategy will be implemented. As such, the
Inspector General is directed to provide to the Committees not
later than 15 days after enactment of this Act, and monthly
thereafter, a briefing on the implementation of the independent
audit strategy.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $20,656,000,000 for the National
Nuclear Security Administration (NNSA).
Weapons Activities
The agreement provides $15,920,000,000 for Weapons
Activities.
Integrated Priorities Report.--The fiscal year 2021 Act
directed NNSA to provide with its budget request an Integrated
Priorities Report (IPR). The report NNSA submitted does not
meet the direction set by the fiscal year 2021 Act and was
identified by NNSA as not a final integrated priority report.
The agreement reiterates House direction regarding NNSA's
submission of an IPR with the annual budget request.
Stockpile Management.--In lieu of House and Senate
direction, the agreement includes funding consistent with the
budget request as Congress awaits the upcoming Nuclear Posture
Review (NPR). NNSA is directed to brief the Congressional
Defense Committees on any departures from the fiscal year 2022
budget request in the NPR.
Plutonium Pit Production Modernization.--GAO is engaged in
an ongoing review of NNSA's integrated master schedule (IMS)
that includes all pit production-related project and program
activities. NNSA is directed to provide to the Committees not
later than 30 days after enactment of this Act, and not less
than quarterly thereafter, a briefing on progress on meeting
the pit production cost and schedule milestones in the IMS.
Additionally, concerns remain about contingency planning
for pit production given the timeline for achieving 80 pits per
year will stretch beyond 2030. The contingency plan NNSA
provided the Committees includes only minimal detail on meeting
the needs of the nuclear deterrent that do not solely rely on
the statutory milestones for pit production. NNSA is directed
to provide to the Committees not later than 60 days after
enactment of this Act an update detailing actionable plans
based on current pit production timelines and coordinated with
the Department of Defense. NNSA is further reminded that the
contingency plan shall be updated and submitted annually with
the budget request.
University Collaboration.--The agreement reiterates House
direction regarding a Center of Excellence.
Academic Programs.--Within amounts for Academic Programs,
the agreement provides $40,000,000 for the Minority Serving
Institution Partnership Program and $10,000,000 for the Tribal
Colleges and Universities Partnership Program. The agreement
reiterates Senate direction regarding the distribution of
funds.
Inertial Confinement Fusion (ICF) and High Yield.--Within
available funds, the agreement provides not less than
$350,000,000 for the National Ignition Facility (NIF), not less
than $83,000,000 for OMEGA, not less than $66,900,000 for the Z
Facility, and not less than $6,000,000 for the NIKE Laser at
the Naval Research Laboratory. A predictable and sustained
availability of targets is essential to the operations of
NNSA's laser facilities, and the agreement provides not less
than $33,000,000 for target research, development, and
fabrication to cost-effectively operate the NIF, Z, and OMEGA
facilities.
Advanced Simulation and Computing.--Within funds provided
for Advanced Simulation and Computing (ASC), the agreement
provides $25,000,000 for research in, and leading to the
development of, memory technologies that will drive 40X
performance gains beyond that achieved by exascale computing
systems for critical mission applications. Within funds
provided for ASC, the agreement provides $15,000,000 for
scalable computational NVMe over fabrics for exascale computing
applications at Los Alamos National Laboratory.
Stockpile Responsiveness Program.--The agreement reiterates
House direction regarding an annual report and periodic
updates.
Contractor Pensions.--The agreement provides $78,656,000
for payments into the legacy University of California
contractor employee defined benefit pension plans, the Requa
settlement reached in 2019, and the pension plan at the
Savannah River Site.
Defense Nuclear Nonproliferation
The agreement provides $2,354,000,000 for Defense Nuclear
Nonproliferation.
Global Material Security.--The agreement provides not less
than $38,000,000 for the Green Border Security Initiative
within the Nuclear Smuggling Detection and Deterrence program.
Within available funds, not less than $25,000,000 is for the
Cesium Irradiator Replacement Program.
DNN R&D.--The agreement provides $20,000,000 for the
University Consortia for Nonproliferation Research.
Contractor Pensions.--The agreement provides $38,800,000
for payments into the legacy University of California
contractor employee defined benefit pension plans, the Requa
settlement reached in 2019, and the pension plan at the
Savannah River Site.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,918,000,000 for Naval Reactors.
Spent Fuel Handling Facility.--The agreement provides funds
above the budget request to address project cost increases and
to mitigate the risk of schedule delays.
Federal Salaries and Expenses
The agreement provides $464,000,000 for Federal Salaries
and Expenses.
The agreement recognizes the importance of recruiting and
retaining the highly skilled personnel needed to meet NNSA's
important mission. NNSA is directed to only hire within
authorized personnel numbers provided for a given fiscal year,
and if NNSA exceeds this authorized amount, then the
Administrator must submit to the Committees within 30 days of
the exceedance a report justifying the excess. The NNSA is
directed to continue providing monthly updates on the status of
hiring and retention.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $6,710,000,000 for Defense
Environmental Cleanup.
Richland.--The Department is directed to carry out
maintenance and public safety efforts at historical sites,
including the B Reactor. This includes facility improvements
needed to expand public access and interpretive programs.
Specifically, within available funds, the agreement provides
$10,000,000 for B Reactor roof replacement and other work to
preserve the facility. The Department is directed to request
any additional funding needed to complete the identified other
work to preserve the facility starting with the fiscal year
2023 budget.
None of the Richland Operations funds shall be used to
carry out activities with the Office of River Protection's tank
farms.
Office of River Protection.--The agreement reiterates House
direction regarding low level waste offsite disposal.
The agreement provides funds for full engineering,
procurement, and construction work on the High-Level Waste
Treatment Facility, for design and engineering of the Pre-
Treatment Facility, to ensure compliance with the 2016 Consent
Decree and Tri-Party Agreement milestones, and to continue tank
waste retrievals.
Savannah River Site.--The agreement reiterates House
direction regarding funding Savannah River National Laboratory
radiological facilities.
Defense Uranium Enrichment Decontamination and Decommissioning
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $573,333,000 for Defense Uranium
Enrichment Decontamination and Decommissioning.
Other Defense Activities
The agreement provides $985,000,000 for Other Defense
Activities. The agreement includes $12,000,000 above the budget
request for targeted investments to defend the U.S. energy
sector against the evolving threat of cyber and other attacks
in support of the resiliency of the nation's electric grid and
energy infrastructure.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville
Power Administration, which derives its funding from revenues
deposited into the Bonneville Power Administration Fund.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $10,400,000
for the Southwestern Power Administration. To ensure sufficient
authority to meet purchase power and wheeling needs, the
agreement includes $21,000,000 above the level credited as
offsetting collections by the Congressional Budget Office.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $90,772,000
for the Western Area Power Administration.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $228,000 for
the Falcon and Amistad Operating and Maintenance Fund.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $466,426,000 for the Federal Energy
Regulatory Commission (FERC). Revenues for FERC are set to an
amount equal to the budget authority, resulting in a net
appropriation of $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS AND RECISSIONS OF FUNDS)
The agreement includes a provision prohibiting the use of
funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for certain
multi-year ``Energy Programs'' activities without notification;
and prohibits the obligation or expenditure of funds provided
in this title through a reprogramming of funds except in
certain circumstances. The notification requirements in the
provision also apply to the modification of any grant,
contract, or Other Transaction Agreement where funds are
allocated for new programs, projects, or activities not covered
by a previous notification.
The agreement includes a provision authorizing intelligence
activities of the Department of Energy for purposes of section
504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds in this title to approve critical decision-2 or critical
decision-3 for certain construction projects, unless a separate
independent cost estimate has been developed for that critical
decision.
The agreement includes a provision regarding authority to
release refined petroleum product from the Strategic Petroleum
Reserve.
The agreement includes a provision to prohibit certain
payments.
The agreement includes a provision that rescinds certain
funds from prior year appropriations.
The agreement includes a provision transferring certain
funds.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $195,000,000 for the Appalachian
Regional Commission (ARC). The following is the only direction
for the Appalachian Regional Commission.
The agreement includes $13,000,000 to address the substance
abuse crisis that disproportionally affects Appalachia.
Within available funds, $8,000,000 is for Local Development
Districts.
Within available funds, not less than $15,000,000 is for
counties within the Northern Appalachian region to support
economic development, manufacturing, and entrepreneurship.
Within available funds, $65,000,000 is for the POWER Plan.
Within available funds, $10,000,000 is provided to continue
the program of high-speed broadband deployment in distressed
counties within the Central Appalachian region that have been
most negatively impacted by the downturn in the coal industry.
Within available funds, $15,000,000 is provided to continue
a program of high-speed broadband deployment in economically
distressed counties within the North Central and Northern
Appalachian regions.
Within available funds, not less than $16,000,000 is
provided for a program of industrial site and workforce
development in Southern and South Central Appalachia, focused
primarily on the automotive supplier sector and the aviation
sector. Up to $13,500,000 of that amount is for activities in
Southern Appalachia. The funds shall be distributed to states
that have distressed counties in Southern and South Central
Appalachia using the ARC Area Development Formula.
Within available funds, $16,000,000 is provided for a
program of basic infrastructure improvements in distressed
counties in Central Appalachia. Funds shall be distributed
according to ARC's distressed counties formula and shall be in
addition to the regular allocation to distressed counties.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $36,000,000 for the Defense Nuclear
Facilities Safety Board.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $30,100,000 for the Delta Regional
Authority.
Within available funds, the agreement includes not less
than $15,000,000 for flood control, basic public infrastructure
development, and transportation improvements, which shall be
allocated separate from the state formula funding method.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
Denali Commission
The agreement provides $15,100,000 for the Denali
Commission.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
Northern Border Regional Commission
The agreement provides $35,000,000 for the Northern Border
Regional Commission.
Within available funds, not less than $4,000,000 is for
initiatives that seek to address the decline in forest-based
economies throughout the region, $1,000,000 is for the State
Capacity Building Grant Program, and $5,000,000 is for
broadband initiatives.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
The agreement reiterates Senate direction regarding
projects that demonstrate evidence of planning for climate
resiliency.
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. The recent appointment and confirmation of a
Federal Co-Chair is welcome news, and the agreement supports
expeditiously moving forward to start up and establish the
Commission.
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. The Administration is encouraged to promptly
appoint a Federal Co-Chair in order to establish key
partnerships with local communities and improve economic
conditions and travel along the southwest border.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $873,901,000 for the Nuclear
Regulatory Commission. This amount is offset by estimated
revenues of $745,258,000, resulting in a net appropriation of
$128,643,000.
Integrated University Program.--The Commission is directed
to use $16,000,000 of prior year, unobligated balances for the
Integrated University Program, including for grants to support
research projects that do not align with programmatic missions
but are critical to maintaining the discipline of nuclear
science and engineering. Because the Commission has already
collected fees corresponding to these activities in prior
years, the agreement does not include these funds within the
fee base calculation for determining authorized revenues and
does not provide authority to collect additional offsetting
receipts for their use.
Advanced Nuclear Reactor Regulatory Infrastructure.--The
agreement includes $23,000,000 for the development of
regulatory infrastructure for advanced nuclear technologies,
which is not subject to the Commission's general fee recovery
collection requirements.
(Dollars in thousands)
------------------------------------------------------------------------
Account Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety..................................... $477,430
Integrated University Program.............................. 16,000
Nuclear Materials and Waste Safety......................... 107,337
Decommissioning and Low-Level Waste........................ 22,856
Corporate Support.......................................... 266,278
Use of Prior-Year Balances................................. -16,000
TOTAL, Nuclear Regulatory Commission................... 873,901
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement provides $13,799,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $11,442,000, resulting in a net
appropriation of $2,357,000.
The agreement provides $1,146,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,800,000 for the Nuclear Waste
Technical Review Board.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
The agreement includes a provision relating to
reprogramming.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to lobbying
restrictions.
The agreement includes a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by this provision. For the purposes of this provision,
the term ``transfer'' shall mean the shifting of all or part of
the budget authority in one account to another. In addition to
transfers provided in this Act or other appropriations Acts,
and existing authorities, such as the Economy Act (31 U.S.C.
1535), by which one part of the United States Government may
provide goods or services to another part, this Act allows
transfers using section 4705 of the Atomic Energy Defense Act
(50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR.
The agreement includes a provision prohibiting funds to be
used in contravention of the executive order entitled ``Federal
Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations.''
The agreement includes a provision prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes a provision making a technical
correction to Public Law 117-58.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION E--FINANCIAL SERVICES AND
GENERAL GOVERNMENT 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''.
[Clerk's note.--Reproduced below is the material relating
to division E contained in the Explanatory Statement regarding
H.R. 2471, the Consolidated Appropriations Act, 2022.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
March 9, 2022 by Ms. DeLauro of Connecticut, Chair of the House
Committee on Appropriations. The Statement appears on page H2349 of
Book III.
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DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2022
The joint explanatory statement accompanying this division
is approved and indicates Congressional intent. Unless
otherwise noted, the language set forth in House Report 117-79
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
References in the joint explanatory statement to ``the
Committees'' refer to the Committees on Appropriations of the
House and Senate.
Reports.--Agencies funded by this Act that currently
provide separate copies of periodic reports and correspondence
to the chairs and ranking members of the House and Senate
Appropriations Committees and Subcommittees on Financial
Services and General Government are directed to use a single
cover letter jointly addressed to the chairs and ranking
members of the Committees and Subcommittees of both the House
and the Senate. To the greatest extent feasible, agencies
should include in the cover letter a reference or hyperlink to
facilitate electronic access to the report and provide the
documents by electronic mail delivery. These measures will help
reduce costs, conserve paper, expedite agency processing, and
ensure that consistent information is conveyed concurrently to
the majority and minority committee offices of both chambers of
Congress.
To help ensure the Committees' ability to perform their
responsibilities, the Committees insist on having direct,
unobstructed, and timely access to the budget offices and
expect to be able to receive forthright and complete responses
from those offices and their employees.
The agreement directs all agencies to plan accordingly to
satisfy Congressional reporting deadlines.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police community relations, and the protection of
civil rights, that are broadly applicable and scalable to all
Federal law enforcement agencies. The agreement further notes
that several agencies funded by this Act employ Federal law
enforcement officers and are Federal Law Enforcement Training
Centers partner organizations. The agreement directs such
agencies to consult with the Attorney General regarding the
implementation of these programs for their law enforcement
officers. The agreement further directs such agencies to submit
a report to the Committees on Appropriations on their efforts
relating to such implementation no later than 180 days after
consultation with the Attorney General. In addition, the
agreement directs such agencies, to the extent that they are
not already participating, to consult with the Attorney General
and the Director of the FBI regarding participation in the
National Use-of-Force Data Collection. The agreement further
directs such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of this
Act, on their efforts to so participate.
Antideficiency Act Violations.--The agreement directs any
agency funded by this Act to concurrently transmit to the
Committees a copy of any Antideficiency Act violation report
submitted pursuant to 31 U.S.C. 1351 or 31 U.S.C. 1517(b).
Essential Personal Documents.--The agreement encourages the
Comptroller General to conduct a study on options federal
agencies could use to replace existing requirements for
essential personal documents for use by persons experiencing
homelessness or housing instability. The agreement encourages
the Comptroller General to include agencies such as Health and
Human Services, the Department of Veterans Affairs, as well as
other agencies identified by the Comptroller General that issue
essential personal documents.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $243,109,000 for departmental offices
salaries and expenses.
Wildlife Trafficking.--The Department is directed to use
available resources to pursue and enforce money laundering and
other related laws as related to wildlife trafficking and the
illegal ivory trade. The Department shall report semiannually
during fiscal year 2022 on such enforcement actions and other
steps taken to carry out the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (Public Law 114-231).
Banking Services.--The Department, in coordination with the
prudential supervisors, should work with financial institutions
to reduce the number of Americans who are unbanked or
underbanked.
Wildfires.--The Department is expected to study the impacts
that increased wildfire risk is having, and will have, on
insurance markets, including recommendations to ensure that
home, business, and commercial property insurance covering
wildfire-related losses remains available and affordable.
The Department is directed to provide a briefing to the
Committees within 180 days of enactment of this Act on any
redesign plans for U.S. currency.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $20,000,000 for the Committee on Foreign
Investment in the United States Fund.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $195,192,000 for the Office of Terrorism
and Financial Intelligence (TFI).
TFI is directed to fully implement all sanctions and
divestment measures and to promptly notify the Committees of
any resource constraints that adversely impact the
implementation of any sanctions program.
CYBERSECURITY ENHANCEMENT ACCOUNT
The bill provides $80,000,000 for the Cybersecurity
Enhancement Account.
DEPARTMENT WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $6,118,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $42,275,000 for salaries and expenses of
the Office of Inspector General.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $174,250,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration (TIGTA).
Combatting Internal Revenue Service (IRS) Impersonation
Scams.--TIGTA is encouraged to continue to prioritize working
with the IRS to increase awareness of IRS impersonation scams.
TIGTA is urged to pursue the criminals perpetrating this fraud.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $16,000,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill provides $161,000,000 for salaries and expenses
for the Financial Crimes Enforcement Network (FinCEN).
Beneficial Ownership Database.--The agreement includes
funds for FinCEN to develop and maintain a national beneficial
ownership database, and for staffing and support costs to
implement and enforce the other new requirements of the Anti-
Money Laundering Act of 2020, including the Corporate
Transparency Act of 2020. In developing the beneficial
ownership database, FinCEN is encouraged to include
multilingual name-matching technology that uses phonetics and
linguistics to identify the names of persons and entities
written in different languages and original alphabetic
characters in non-standardized domestic and international data
systems.
Money Laundering in the U.S. Real Estate Market.--FinCEN is
directed to provide regular updates on its efforts to address
the vulnerabilities to money laundering that exist in the U.S.
real estate market, including regulations for new recordkeeping
and reporting requirements for non-financed real estate
transactions.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $355,936,000 for salaries and expenses of
the Bureau of the Fiscal Service.
The agreement supports the Bureau's Quality Service
Management Office for financial management.
Improper Payments.--The Bureau is expected to continue
implementation of the Payment Integrity Information Act (Public
Law 116-117), which will allow the Bureau to work more closely
with States and Federal agencies to efficiently curb improper
payments. The Bureau is expected to remain in close
communication with Congress and the Office of Management and
Budget (OMB) regarding implementation of this Act and the
Bureau's progress assisting in the reduction of improper
payments.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $128,067,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau (TTB).
Website Feedback.--TTB is directed to provide a briefing
not later than 90 days after enactment of this Act on the
survey methodology and metrics employed by the Bureau to
solicit feedback from regulated entities on the Bureau's
website.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $50,000,000 in new
liabilities and obligations may be incurred during fiscal year
2022 for circulating coinage and protective service capital
investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $295,000,000 for the Community
Development Financial Institutions (CDFI) Fund program. The
bill limits the total loan principal for the Bond Guarantee
program to $500,000,000.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
Financial/Technical Assistance Grants...................... 173,383
(Disability Fund)........................................ (10,000)
(Mobility Corps)......................................... (2,000)
Native Initiatives......................................... 21,500
Bank Enterprise Award Program.............................. 35,000
Healthy Food Financing Initiative.......................... 23,000
Small Dollar Loan Program.................................. 8,500
Administrative Expenses.................................... 33,617
------------
Total, CDFI Fund Program Account....................... 295,000
------------------------------------------------------------------------
Impact of CDFI Awardees.--The agreement directs the
Secretary to report to the Committees within 90 days of
enactment of this Act on the impact the most recent CDFI Fund
Awardees are having in the communities they serve, the overall
risk the Fund's portfolio is exposed to, and a description of
awardees that are at risk of noncompliance.
Economic Mobility Corps.--The agreement recommends not less
than $2,000,000 for the Economic Mobility Corps Program to
continue the interagency agreement with the Corporation for
National and Community Service to place national service
members at certified CDFIs. The program strengthens the
capacity of CDFIs to perform their activities relating to
community and economic development, including but not limited
to the following: financial literacy, financial planning,
budgeting, saving, and other financial counseling activities;
provision of financial products and services; homeownership
counseling and financing; small business counseling and
financing; and financing of affordable housing and community
development facilities. Priority should be given to positions
in rural areas and to veterans.
Minority Lending Institutions.--In lieu of the House report
language on Minority Lending Institutions, the Department is
directed to provide a briefing no later than 90 days after
enactment of this Act to the Committees, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs on the Fund's support for minority
lending institutions, including amounts and types of assistance
and other support the Department provides to minority lending
institutions.
Clean Technology.--No more than $1,000,000 is available to
provide technical assistance to CDFIs on projects that are
eligible for investment under the Riegle Community Development
and Regulatory Improvement Act of 1994 that provide sustainable
homeownership, energy efficiency, and improved infrastructure
in distressed and underserved communities.
Internal Revenue Service
Modernizing Taxpayer Notices and Communications.--The IRS
is encouraged to examine options during their modernization
efforts that ensure taxpayers in rural areas will not face
undue burdens following the conclusion of the modernization
period.
Cybersecurity.--The IRS is urged to continue to implement
recommendations from the Government Accountability Office
(GAO), the Taxpayer Advocate, and TIGTA that address known
security weaknesses.
The IRS is reminded of its obligations under sections 106
and 107 of this Act prohibiting consideration of religious
beliefs, political affiliation, or any other activity protected
by the first amendment in targeting an organization for
regulatory scrutiny and in determining an organization's tax-
exempt status.
TAXPAYER SERVICES
The bill provides $2,780,606,000 for Taxpayer Services.
Within the overall amount, not less than $11,000,000 is for the
Tax Counseling for the Elderly Program; not less than
$13,000,000 is for low-income taxpayer clinic grants; and not
less than $221,000,000 is for operating expenses of the IRS
Taxpayer Advocate Service, of which not less than $5,500,000 is
for identity theft casework.
In addition, within the overall amount provided, not less
than $30,000,000 is available until September 30, 2023, for the
Community Volunteer Income Tax Assistance Matching Grants
Program.
Backlog of Returns and Correspondence.--The IRS is directed
to brief the Committees no later than 30 days after enactment
of this Act on the status of the returns and correspondence
backlog, focusing on a timeframe for addressing and strategies
to reduce the backlog. Millions of taxpayers have been
inconvenienced by the historical filing return and
correspondence backlog and struggle to reach an IRS customer
service representative. To address this issue, the agreement
increases funding for Taxpayer Services, allows for the
transfer of funds from the Enforcement and Operations Support
appropriations for the backlog, and provides direct hire
authority for additional staff to address the backlog.
Identity Protection Personal Identification Number (IP PIN)
Expansion.--The agreement continues the directive adopted in
the explanatory statement accompanying division E of the
Consolidated Appropriations Act, 2021 (Public Law 116-456)
relating to the IP PIN pilot program.
Taxpayer Services in Alaska and Hawaii.--The agreement
continues the directive adopted in the explanatory statement
accompanying division E of the Consolidated Appropriations Act,
2021 (Public Law 116-456) relating to taxpayer advocate centers
in Alaska and Hawaii.
ENFORCEMENT
The bill provides $5,437,622,000 for Enforcement, of which
up to $21,000,000 is for investigative technology for the
Criminal Investigation Division, to support their critical law
enforcement mission, and not less than $60,257,000 is for the
Interagency Crime and Drug Enforcement program.
Reducing the Tax Gap.--In lieu of the House report
directive on publishing distributional estimates of the tax
gap, the IRS is directed to brief the Committees no later than
60 days after enactment of this Act on the composition of the
tax gap, highlighting those groups who have neglected to pay
their full tax obligation.
IRS Audit Rates.--In lieu of the House report directive on
IRS Audit Rates, the IRS is directed to submit a report no
later than 60 days after enactment of this Act on how the IRS
determines its audit policies.
Preventing Misclassification of Contractors.--The IRS is
directed to continue to notify the Committees, the House Ways
and Means Committee, and the Senate Finance Committee prior to
making any staffing reductions or reallocations within the SS-8
processing program.
OPERATIONS SUPPORT
The bill provides $4,100,826,000 for Operations Support, of
which $10,000,000 is for a Federal contractor tax check system.
Federal Contractor Tax Check System.--The IRS is directed
to provide the Committees with a quarterly update on the status
of the tax check application.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $275,000,000 for Business Systems
Modernization. The total includes funding for Customer Account
Data Engine 2, Enterprise Case Management System, Web
Applications, taxpayer assistance systems, cybersecurity, and
data protection.
The agreement directs the Department to conduct a semi-
annual review of the IRS' major IT investments. The agreement
further directs GAO to review and provide an annual report to
the Committees evaluating the cost, functionality, and schedule
of major IRS IT investments.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1 800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 requires the IRS to issue notices to employers
of any address change request and to give special consideration
to offers in compromise for taxpayers who have been victims of
payroll tax preparer fraud.
Section 106 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 107 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 108 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS policies
issued as a result of TIGTA recommendations.
Section 109 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 110 prohibits the IRS from using funds made
available by this Act to contravene a provision of the Internal
Revenue Code of 1986 related to the confidentiality and
disclosure of returns and return information.
Section 111 provides the IRS with direct hiring authorities
for positions to process backlogged tax returns and return
information.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 112 allows Treasury to use funds for certain
specified expenses.
Section 113 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 114 allows for the transfer of up to 2 percent from
the IRS accounts to TIGTA.
Section 115 prohibits funding to redesign the $1 note.
Section 116 allows for the transfer of funds from the
Bureau of the Fiscal Service--Salaries and Expenses to the Debt
Collection Fund conditional on future reimbursement.
Section 117 prohibits funds to build a United States Mint
museum without the approval of the Committees and the
authorizing committees of jurisdiction.
Section 118 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of Engraving
and Printing without the approval of the Committees and the
authorizing committees of jurisdiction.
Section 119 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2022 Intelligence Authorization
Act.
Section 120 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 121 requires the Secretary to submit a Capital
Investment Plan.
Section 122 requires a Franchise Fund report.
Section 123 prohibits the Department from finalizing any
regulation related to the standards used to determine the tax-
exempt status of a 501(c)(4) organization.
Section 124 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 125 provides funding for the Special Inspector
General for Pandemic Recovery.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $65,000,000 for the salaries and expenses
of the White House.
American Grown Flowers.--The White House is encouraged to
adopt an American-grown policy for cut flowers and greens
displayed at the White House to support American farmers,
retailers, wholesalers, florists, and their employees who rely
on the American-grown cut flower industry.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $14,050,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $2,500,000 for repair, alteration, and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The bill provides $4,120,000 for salaries and expenses of
the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $12,500,000 for salaries and expenses of
the National Security Council and Homeland Security Council, of
which not to exceed $6,000 is available for official reception
and representation expenses.
Office of Administration
SALARIES AND EXPENSES
The bill provides $106,500,000 for salaries and expenses of
the Office of Administration, of which not more than
$12,800,000 is for information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $116,000,000 for salaries and expenses of
the Office of Management and Budget (OMB).
Federal Government Hiring Process.--There is concern about
the length of time it takes the Federal Government to hire
qualified employees and the difficulty talented individuals
have in applying for and securing Federal employment. Many, if
not all, of the agencies funded in this bill have raised
concerns about the hiring process. Often, when agencies are
finally able to offer employment to a qualified individual, it
is too late, and the candidate has accepted other employment.
Attracting the best talent to serve in the Federal Government
is essential. OMB and the Office of Personnel Management (OPM)
are directed to jointly brief the Committees no later than 90
days after the enactment of this Act on how they intend to
address this issue.
Information Technology Strategic Plan.--Investment in
Federal information technology infrastructure to help agencies
transform the way they use technology is important, including
investments in cybersecurity and investments that make it
easier for the public to interact with the Federal Government.
Congress has made significant investments in the Technology
Modernization Fund and the Federal Citizens Services Fund at
the General Services Administration (GSA), in the Information
Technology Oversight and Reform Fund at OMB, and in the U.S.
Digital Service. The Federal Government must maximize the
impact of these funds by developing a strategic plan for use of
the funds that will prevent duplication of efforts, direct the
funds to their highest use, and guarantee coordination among
agencies. OMB is directed to provide the Committees with a
detailed strategic plan for use of the funds no later than 60
days after the enactment of this Act.
FBI Police.--The Federal Bureau of Investigation is
encouraged to coordinate with the OPM and any other relevant
agencies to assist with designating members of the FBI Police
as law enforcement officers to make the rates of basic pay,
salary schedule, pay provisions, and benefits for its members
equivalent to the rates of basic pay, salary schedule, pay
provisions, and benefits applicable to other similar law
enforcement divisions.
White House Conference on Food, Nutrition, Hunger, and
Health.--The agreement supports the White House Conference on
Food, Nutrition, Hunger, and Health in 2022, which is being
convened by the Department of Health and Human Services in
partnership with the Executive Office of the President (EOP).
The agreement does not adopt the House report directives on the
hunger conference or hunger report but expects EOP cooperation
with the associated directives contained in the explanatory
statement accompanying the fiscal year 2022 Labor, Health and
Human Services, Education, and Related Agencies funding bill.
Future of Federal Office Space.--OMB, in coordination with
GSA, shall encourage agencies to consult with employees and
stakeholders and provide updated real property requirements.
Furthermore, OMB, in coordination with GSA, shall report to the
Committees no later than 180 days after enactment of this Act
on how the Federal Government can reduce its office space
requirements based on lessons learned from the use of telework
during the pandemic.
Service Contracts.--There is concern that many Federal
agencies are failing to comply with requirements enacted in the
Consolidated Appropriations Act of 2010 to report information
on the use of service contracts, including how much is spent on
service contracts and the number of contractors employed
through those contracts. OMB is directed to ensure that
agencies comply with these provisions.
OMB is directed to report to the Committees, within 90 days
of enactment of this Act, on whether the Federal government
could incorporate into all contracts for all computing services
new clauses to require reasonable efforts for vendors to
identify, remove, and report images depicting violations of
sections 2251, 2251A, 2252, 2252A, 2252B or 2260 of title 18 of
the United States Code, with respect to child pornography.
Apportionment.--Funds appropriated by Congress may not be
obligated by individual agencies until those agencies receive a
signed apportionment from OMB. For purposes of oversight, it is
imperative that the Congress be informed when apportionments
are signed and, in particular, when apportionments are not
signed in a timely manner or include restrictions on the
obligation of funds. The Committee appreciates that the
apportionment process is necessary to deter agencies from
spending at a rate that would exhaust program resources before
the end of the fiscal year; however, when Congress appropriates
funds, it expects OMB to make those funds available for
obligation subject to reasonable restrictions on timing.
Therefore, the agreement includes a government-wide General
Provision directing OMB to make all signed apportionments
available for review on the agency's publicly available website
within 24 hours of approval. In addition, OMB shall notify the
Committees when any program specific restrictions are included
in an apportionment or when a signed apportionment is
significantly delayed.
Intellectual Property Enforcement Coordinator
The bill provides $1,838,000 for the Intellectual Property
Enforcement Coordinator.
Office of the National Cyber Director
The Office of the National Cyber Director (ONCD) was
created in the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116--283) to
advise the President on cybersecurity and related emerging
technology issues and to coordinate cybersecurity strategy and
policy, including Executive Branch development of an integrated
national cybersecurity.
The Infrastructure Investment and Jobs Act (Public Law 117-
58) provided $21,000,000 for ONCD's startup and first-year
operational costs. The agreement expects that ONCD will be
funded in annual appropriations bills beginning in fiscal year
2023.
ONCD is expected to comply with the briefing requirement
included in House Report 117-79.
Cyber Workforce.--The agreement notes that ONCD plans to
play a key role in helping to bolster the U.S. national cyber
workforce. ONCD is expected to cooperate with the Cybersecurity
and Infrastructure Security Agency and other relevant agencies
on evaluating potential changes to Federal cybersecurity
training and education programs in future budget requests or
legislative proposals.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $18,952,000 for salaries and expenses of
the Office of National Drug Control Policy (ONDCP).
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $296,600,000 for the High Intensity Drug
Trafficking Areas Program (HIDTA).
ONDCP is directed to consult with the HIDTAs in advance of
deciding programmatic spending allocations for discretionary
(supplemental) funding, taking particular note of areas with
the highest rates of overdose deaths.
Opioid Crisis.--To ensure that areas that are hit hardest
by the opioid crisis are equipped with the necessary resources
to adequately coordinate law enforcement strategies, ONDCP is
directed to prioritize eligible applicants whose communities
are experiencing the highest overdose death rates per capita
when deciding new designations. Further, ONDCP is directed to
provide enhanced technical assistance to any applicants that
have applied at any time during the past three award cycles
that did not receive a designation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $133,617,000 for Other Federal Drug
Control Programs. The agreement allocates funds among specific
programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program........................... $106,000,000
(Training)............................................ (2,500,000)
Drug court training and technical assistance............ 3,000,000
Anti-Doping activities.................................. 15,000,000
World Anti-Doping Agency (U.S. membership dues)......... 3,167,000
Model Acts Program...................................... 1,250,000
Community-based coalition enhancement grants (CARA 5,200,000
Grants)................................................
------------------------------------------------------------------------
World Anti-Doping Agency (WADA) Governance.--The agreement
supports ONDCP's ongoing efforts to improve WADA's
effectiveness and urges ONDCP to continue working with domestic
and international partners to protect athletic competition that
is free from doping. ONDCP is directed to brief and submit a
report to the Committees no later than 180 days after enactment
of this Act on the status of implementation of WADA governance
reforms necessary to enhance the role of athletes in WADA
decision-making, increase the independence and transparency of
its operations, and restore confidence in clean competition.
Unanticipated Needs
The bill provides $1,000,000 for unanticipated needs of the
President.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $8,000,000 for information technology
oversight and reform activities.
Special Assistance to the President
SALARIES AND EXPENSES
The bill provides $4,839,000 for salaries and expenses to
enable the Vice President to provide special assistance to the
President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $311,000 for operating expenses for the
official residence of the Vice President.
ADMINISTRATIVE PROVISIONS--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Director of the OMB, during fiscal
year 2022, to include a statement of budgetary impact with any
Executive order issued or revoked and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
Section 203 requires the Director of the OMB to issue a
memorandum to all Federal departments, agencies, and
corporations directing compliance with title VII of this Act.
Section 204 requires OMB to implement a system to make
publicly available, in an automated fashion, all documents
apportioning an appropriation and all relevant delegations of
apportionment authority, and to provide an explanation of any
footnotes for apportioned amounts.
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $98,338,000 for salaries and expenses of
the Supreme Court. In addition, the bill provides mandatory
costs as authorized by current law for the salaries of the
chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $14,434,000 for the care of the Supreme
Court building and grounds.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $34,280,000 for salaries and expenses of
the United States Court of Appeals for the Federal Circuit. In
addition, the bill provides mandatory costs as authorized by
current law for the salaries of the chief judge and judges of
the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $20,600,000 for salaries and expenses of
the United States Court of International Trade. In addition,
the bill provides mandatory costs as authorized by 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
The bill provides $5,580,052,000 for salaries and expenses
of the Courts of Appeals, District Courts, and Other Judicial
Services. In addition, the bill provides mandatory costs as
authorized by 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. The bill
also provides $9,850,000 from the Vaccine Injury Compensation
Trust Fund.
Cybersecurity.--The Judiciary should prioritize funding to
improve its cybersecurity capabilities.
McGirt v. Oklahoma.--The agreement supports the Judiciary's
request for additional funding to address the workload
associated with the McGirt v. Oklahoma decision.
Additional Judges.--In lieu of the House language on
Additional Judges, the Judiciary is directed to report to the
Committees no later than 90 days after enactment of this Act on
how to expand the number of judgeships in districts with the
highest caseload per judge and highest number of recommended
judgeships.
DEFENDER SERVICES
The bill provides $1,343,175,000 for Defender Services.
FEES OF JURORS AND COMMISSIONERS
The bill provides $32,603,000 for Fees of Jurors and
Commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $704,800,000 for Court Security.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $98,545,000 for salaries and expenses of
the Administrative Office (AO) of the United States Courts.
Workplace Misconduct.--The Judiciary is directed to submit
a report to the Committees no later than 180 days after
enactment of this Act on the number of formal workplace
misconduct complaints received, investigations conducted, types
of misconduct alleged or found, and actions taken to address
identified misconduct in each judicial circuit, separately
reporting those complaints relating to claims of sexual
harassment and other sexual misconduct.The report shall also
provide comparable total statistics across national judicial
branch agencies, including the AO, the Federal Judicial Center,
and the Sentencing Commission.
Courthouse Priority Determinations.--In lieu of House
report language on Courthouse Priority Determination, the AO is
directed to provide a briefing to the Committees on the Asset
Management Planning process.
Courthouse Design Guide.--Section 522 of the bill requires
that requested construction projects meet design guide
standards that are established and approved by GSA, the
Judicial Conference, and OMB. The Judiciary is directed to
report to the Committees on the design guide changes from 2007
and 2016 and the expected cost increases, as well as when
courthouse projects would be constructed according to the new
design guide no later than 90 days after enactment of this Act.
Notice should be provided to the Committees ahead of future
design guide changes, and efforts should be made to keep
courthouse costs in check.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $29,885,000 for salaries and expenses of
the Federal Judicial Center (FJC).
Civil Jury Trials.--The FJC is directed to submit a report
to the Committees no later than one year after enactment of
this Act identifying jurisdictions that have a high number of
civil jury trials and analyze whether the litigation practices,
local court rules, or other factors in those jurisdictions may
contribute to a higher incidence of civil jury trials.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $20,564,000 for salaries and expenses of
the United States Sentencing Commission.
ADMINISTRATIVE PROVISIONS--THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the Judicial
Conference.
Section 304 extends through fiscal year 2022 the delegation
of authority to the Judiciary for contracts for repairs of less
than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services at
selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district of
California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of North
Carolina, the eastern district of Texas, and Hawaii.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
Death with Dignity.--Congress has expressly forbidden the
use of Federal funding for purposes related to assisted suicide
under the Assisted Suicide Funding Restriction Act of 1997
(Public Law 105-12). There are concerns that the Death with
Dignity Act of 2016 (D.C. Law 21-182) puts our Nation's most
vulnerable people who are elderly, disabled, or fighting mental
illness at risk. As such, the Chief Financial Officer for the
District of Columbia shall submit a report to the Committees to
certify that no Federal funds are used to implement D.C. Law
21-182 in the District of Columbia in contravention of existing
law. The District shall also report to the Committees on the
number of lethal prescriptions prescribed during the fiscal
year, the number of patients that actually consumed the
medication and the cause of death that was listed on the death
certificate.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia
resident tuition support.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $25,000,000 for emergency planning and
security costs in the District of Columbia to remain available
until expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $257,591,000 for the District of Columbia
courts, of which $14,366,000 is for the D.C. Court of Appeals,
$133,829,000 is for the Superior Court, $83,443,000 is for the
D.C. Court System, and $25,953,000 is for capital improvements
to courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The bill provides $46,005,000 for defender services in the
District of Columbia.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $286,426,000 for court services and
offender supervision in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $52,598,000 for public defender services
in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $2,150,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $618,000 for Judicial Commissions. Within
the amount provided, $330,000 is for the Commission on Judicial
Disabilities and Tenure and $288,000 is for the Judicial
Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $52,500,000 for school improvement in the
District of Columbia to be distributed in accordance with the
provisions of the Scholarships for Opportunity and Results Act
(SOAR Act). The funds are to be allocated evenly between
District of Columbia public schools, charter schools, and
opportunity scholarships as authorized by law.
The agreement does not adopt the House report directives in
Federal Payments For School Improvement.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $600,000 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
The bill provides $4,000,000 for HIV/AIDS testing and
treatment.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $8,000,000 for the District of Columbia
Water and Sewer Authority.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2022
Budget Request Act of 2021.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,400,000 for the Administrative
Conference of the United States.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill provides $139,050,000 for the Consumer Product
Safety Commission. Within the amount provided, $2,000,000 is
available until expended for the pool and spa safety grants
program established by the Virginia Graeme Baker Pool and Spa
Safety Act.
CPSC is urged to continue its important work on: safety
standards for infant products, completion of work on rules to
improve the safety of table saws and portable gas generators,
improvement of the safety of products sold online, transparency
of incident data, use of robust enforcement, such as civil
penalties, and the effectiveness of recalls and other
corrective actions.
CPSC is encouraged to revise the safety standards for
storage units such as a dressers, bureaus, or chests of
drawers, and to ensure that these standards include testing for
tip-overs, including increasing weight testing, and warning
requirements for products sold within the U.S. market.
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal
year 2022 for the adoption or implementation of the proposed
rule on ROVs until a study by the National Academy of Sciences
is completed.
Election Assistance Commission
SALARIES AND EXPENSES
The bill provides $20,000,000 for the salaries and expenses
of the Election Assistance Commission, 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 (HAVA).
The agreement does not adopt the House report language on
Discriminatory Election Laws.
ELECTION SECURITY GRANTS
The bill provides $75,000,000 to the Election Assistance
Commission 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 under sections 101, 103, and 104 of
the Help America Vote Act (HAVA) of 2002 (P.L. 107-252).
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides $381,950,000 for salaries and expenses of
the Federal Communications Commission (FCC). The bill provides
that $381,950,000 be derived from offsetting collections,
resulting in no net appropriation.
Implementation of Broadband DATA Act.--The FCC is
encouraged to prioritize the establishment of a user-friendly
challenge process to allow consumers, State, local, Tribal, and
other entities and individuals to challenge the accuracy of
coverage maps and any other information submitted by broadband
service providers regarding the availability of service.
Contraband Cell Phones.--The agreement notes continued
concerns regarding the exploitation of contraband cell phones
in prisons and jails nationwide. The FCC is encouraged to
continue to explore all available options to address this
issue, including the use of geofencing, quiet zones, network-
based solutions, and beacon technology. The FCC is directed to
brief the Committees within 90 days of enactment of this Act on
its findings and timeline for acting on the Second Notice of
Proposed Rulemaking in FCC 21-82.
National Verifier.--The FCC is urged to continue its
ongoing partnership with all stakeholders, including
participating carriers, to conduct outreach to eligible
participants in the Emergency Broadband Benefit Program or the
Affordable Connectivity Program. The Universal Service
Administrative Company and the FCC are requested to provide
regular updates on efforts to address additional technical and
resource challenges that have contributed to many potentially
eligible applicants initiating, but not concluding, the
application process, including hours-long wait time for
applicants to receive an eligibility determination by the
National Verifier or to receive customer support by phone.
Wireless Resiliency During Disasters.--There are continuing
concerns about the resiliency of wireless phone service during
national disasters, including wildfires. State public utility
commissions have increasingly been concerned that people are
unable to receive notifications, such as evacuation orders, in
a timely manner.
Fifth Generation (5G) Wireless Infrastructure Workforce.--
The agreement recognizes the importance of 5G wireless
infrastructure and encourages the FCC, in conjunction with the
Department of Labor, to continue to encourage investments in
the development of the 5G workforce, including apprenticeships
in the wireless sector.
Rural Broadband.--The agreement remains concerned that far
too many Americans living in rural and economically
disadvantaged areas lack access to broadband at speeds
necessary to fully participate in the Internet age. The
agreement encourages the FCC to prioritize projects in unserved
and underserved areas, where the infrastructure to be installed
provides access at download and upload speeds comparable to
those available to Americans in urban areas. The agreement
encourages the FCC to avoid efforts that could duplicate
existing networks and to support deployment of last-mile
broadband infrastructure to underserved areas. Further, the
agreement encourages the agency to prioritize projects financed
through public-private partnerships.
Promoting Digital Expansion.--Far too many individuals
residing in low-income areas and communities of color lack
access to high-speed Internet service. The FCC is commended for
its commitment to implement the Congressional mandate in the
Infrastructure Investment and Jobs Act and is urged to act
expeditiously on this issue. Further, the FCC is directed to
brief the Committees no later than 120 days after enactment of
this Act on the status of its efforts to promote universal
access and further shrink the digital divide.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
Section 510 extends an exemption from the Antideficiency
Act for the Universal Service Fund.
Section 511 prohibits the FCC from changing rules governing
the USF regarding single connection or primary line
restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $46,500,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $74,500,000 for salaries and expenses of
the Federal Election Commission.
In lieu of the second House reporting requirement, FEC is
directed to brief the Committees on the agency's management
challenges.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $27,398,000 for the Federal Labor
Relations Authority.
Federal Permitting Improvement Steering Council
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
The bill provides $10,000,000 for the Federal Permitting
Improvement Steering Council's Environmental Review Improvement
Fund.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $376,530,000 for salaries and expenses of
the Federal Trade Commission (FTC). This appropriation is
partially offset by premerger filing and Telemarketing Sales
Rule fees estimated at $138,000,000 and $20,000,000,
respectively.
Section 13(b).--The Supreme Court recently ruled that
Section 13(b) of the FTC Act permits the FTC to obtain only
injunctions and not monetary redress for victims of violations
of laws enforced by the FTC. Therefore, victimized consumers
will have less of an opportunity via Section 13(b) to get their
money back. The FTC is encouraged to work with Congress to
address this issue.
Made in U.S.A.-- There are continuing concerns that, for
companies that brazenly violate the FTC Act's prohibition on
deception by falsely labeling wholly imported products as
``Made in U.S.A.,'' the FTC has often settled charges without
requiring the company to disgorge its ill-gotten gains or admit
liability. The agreement recommends that the FTC seek
aggressive remedies for ``Made in U.S.A.'' violators, including
through tougher settlements and the use of its powers under
both section 5(m) of the FTC Act and the FTC's recently
finalized Made in USA Labeling Rule.
Imported Shrimp.--The FTC is strongly encouraged to
continue to enforce its Section 5 reviews of deceptive
practices tied to country-of-origin labeling for imported
shrimp. Imported shrimp account for more than 90 percent of the
shrimp consumed in the United States, yet there is widespread
use of illegal veterinary drugs and overuse of antibiotics by
foreign bad actors. The FTC is urged to coordinate its
enforcement and proper origin requirements for the benefit of
U.S. consumers with Customs and Border Protection, the
Department of Agriculture, and the Food and Drug Administration
to close any country-of-origin labeling gaps and prevent
deceptive practices for imported shrimp.
Subscription Services.--Subscription services are a
$650,000,000,000 dollar industry that is rapidly growing. While
automatic renewal contracts can be beneficial for consumers
under certain circumstances, too often consumers unwittingly
enter long-term contracts that they have difficulty cancelling.
Additionally, companies sometimes use software and interfaces
that make it harder for consumers to end these subscriptions
and stop unwanted charges. Converting free trials into paid
subscriptions should only be done with informed consent from
consumers. The FTC is directed to provide a briefing to the
Committees no later than 120 days after enactment of this Act
on its authority and plans to address these issues.
Horseracing Integrity and Safety Act.--The agreement
supports continued implementation of the Horseracing Integrity
and Safety Act (P.L. 116-260) to promote fairness and increase
safety in the horseracing industry.
General Services Administration
In lieu of the House report directive on Diversity in
Federal Public Building Names, GSA is directed to submit to the
Committees within 180 days of enactment of this Act a list of
all unnamed GSA owned buildings with more than 10,000 gross
square feet.
The National Archives at Seattle.--GSA is directed to
provide a report to the Committees no later than 210 days after
enactment of this Act detailing the costs associated with
implementing each of the alternatives identified in the report
NARA provided to the Committee pursuant to the report required
by the Joint Explanatory Statement that accompanied the fiscal
year 2021 Consolidated Appropriations Act (Public Law 116-260).
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The bill provides resources from the GSA Federal Buildings
Fund totaling $9,342,205,000.
Social Cost of Carbon.--The agreement notes ongoing
litigation relating to Executive Order 13990 and does not adopt
the House report directive under Social Cost of Carbon.
Dirksen Courthouse.--The Dirksen Courthouse in Chicago is
adjacent to vacant Federally-owned buildings that are in
critical disrepair. GSA is encouraged to continue efforts to
involve stakeholders in discussions to ensure that any
potential disposal, demolition, or development of these
properties does not result in increased security risks for
Federal offices in the courthouse.
Leasing.--The agreement notes that GSA is expected to
follow statutory requirements and implement its policies for
leases, including compliance with the ENERGY STAR building
certification lease policies and procedures in applicable
projects. GSA is further encouraged to develop and implement
mechanisms to improve landlord compliance with energy
provisions of leases for Federal space.
HVAC Building Standards.--As building construction
requirements (GSA PBS-P100) are revised, GSA is encouraged to
evaluate and incorporate HVAC building standards (including,
but not limited to, the Indoor Air Quality Procedure in ASHRAE
Standard 62.1) that are not included in the GSA PBS-P100 and
that are expected to increase energy efficiency.
White Oak Expansion.--The agreement notes that the Food and
Drug Administration's (FDA) growing staff will require leasing
additional office locations until the 2018 Federal Research
Center Master Plan for the White Oak Campus expansion can be
fully implemented. When determining the delineated area, GSA
should consider the effect of local travel on FDA staff
productivity and the adjacency to existing FDA leases.
New Federal Bureau of Investigation Headquarters.--The
General Services Administration shall brief the Committees on
the viability of the sites listed in the PNCR FBI-NCR17 within
90 days after the date of enactment of this Act.
Construction and Acquisition.--The bill provides
$299,476,000 for construction and acquisition. Funds are
provided in the amounts indicated:
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
CT............................... Hartford, United $138,000,000
States Courthouse.
TN............................... Chattanooga, United $85,500,000
States Courthouse.
PR............................... San Juan, United $22,476,000
States Courthouse.
IL............................... Chicago, State $52,000,000
Street Buildings
Demolition.
AZ................................ Nogales, Dennis $500,000
DeConcini U.S. Land
Port of Entry.
GA............................... Atlanta, Chamblee $500,000
Campus.
NM................................ Santa Teresa, U.S. $500,000
Land Port of Entry.
------------------------------------------------------------------------
Repairs and Alterations.--The bill provides $581,581,000
for repairs and alterations. Funds are provided in the amounts
indicated:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations.......................... $139,893,000
------------------------------------------------------------------------
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
AL............................... Selma U.S. Federal $4,200,000
Building and
Courthouse.
DC............................... Regional Office $4,941,000
Building Phase 2.
MD............................... Suitland Federal $20,000,000
Campus.
MS............................... William M. Colmer $27,000,000
Federal Building
and U.S. Courthouse.
MS............................... Mississippi River $23,749,000
Commission Building.
WV............................... Clarksburg Post 55,400,000
Office and U.S.
Courthouse.
WA............................... Tacoma Union $3,395,000
Station.
MI............................... Patrick V. McNamara $1,208,000
Federal Building
Garage.
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
Basic Repairs and Alterations.......................... $388,710,000
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
Special Emphasis....................................... $52,978,000
Child Care Facilities Security and Systems $15,000,000
Improvement..........................................
Consolidation......................................... $8,178,000
Fire Protection and Life Safety Program.............. $10,000,000
Judicial Capital Security............................ $19,800,000
------------------------------------------------------------------------
Land Ports of Entry.--With the enactment of the
Infrastructure Investment and Jobs Act (P.L. 117-58), which
provided $3,418,008,000 for land ports of entry, the agreement
does not adopt the House report directives regarding Centers of
Excellence and a GAO study.
Rental of Space.--The bill provides $5,665,148,000 for
rental of space.
Building Operations.--The bill provides $2,796,000,000 for
building operations.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $68,720,000 for GSA government-wide
policy activities.
Supply Chain Security Pilot.--The agreement provides
$4,000,000 for this program as described in the House report.
Brooks Act.--GSA is directed to not award or facilitate the
award of any contract for the provision of architectural,
engineering, and related services in a manner inconsistent with
the procedures in the Brooks Act (40 U.S.C. 1101 et seq.) and
part 36.6 of the Federal Acquisition Regulation.
OPERATING EXPENSES
The bill provides $52,540,000 for operating expenses. Of
this amount, $1,000,000 is provided for GSA to modernize its
own motor vehicle fleet. Within the amount provided,
$28,122,000 is for Real and Personal Property Management and
Disposal and $24,418,000 is for the Office of the
Administrator.
CIVILIAN BOARD OF CONTRACT APPEALS
The bill provides $9,580,000 for the Civilian Board of
Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The bill provides $69,000,000 for the Office of Inspector
General.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $5,000,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $55,000,000 for deposit into the Federal
Citizen Services Fund and authorizes use of appropriations,
revenues, and collections in the Fund in an aggregate amount
not to exceed $150,000,000.
Foundations for Evidence-Based Policymaking Act.--The
agreement includes up to $5,000,000 for implementation of the
Foundations for Evidence-Based Policymaking Act (Public Law
115-435). GSA is urged to develop guidance to ensure all
relevant external stakeholders are provided the opportunity to
comment. GSA is encouraged to work towards consolidating
existing and leveraging new commercial technologies to
implement Federal data initiatives and carry out pilot projects
related to the implementation of the OPEN Government Data Act
and to further expand the data.gov platform to implement these
initiatives.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
The bill provides $4,000,000 for the Asset Proceeds and
Space Management Fund.
WORKING CAPITAL FUND
The bill provides $4,000,000 for the Working Capital Fund
for necessary costs to modernize e-rulemaking systems.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees.
Section 522 requires transmittal of a fiscal year 2023
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial Conference's
5-year construction plan, and includes a standardized courtroom
utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that does
not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved in
other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate Congressional committees.
Section 526 requires a spending plan for the Federal
Citizen Services Fund.
Section 527 provides new authority to enter into new
agreements with Federal agencies to provide services on a
reimbursable basis.
Section 528 provides new authority to expand the definition
of items that can be acquired to implement the Chief Financial
Officer's Act of 1990.
Section 529 provides new authority to accept advance
payments into the Working Capital Fund.
Section 530 includes language regarding a new Federal
Bureau of Investigation headquarters.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $2,500,000 for payment to the Harry S
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $48,170,000 for the salaries and expenses
of the Merit Systems Protection Board. Within the amount
provided, $45,825,000 is a direct appropriation and $2,345,000
is a transfer from the Civil Service Retirement and Disability
Fund to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,800,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,296,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
The bill provides $388,310,000 for the operating expenses
of the National Archives and Records Administration (NARA). Of
this amount, $29,000,000 shall remain available until expended
for improvements necessary to enhance the Federal Government's
ability to electronically preserve, manage, and store
Government records, and 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).
Alaskan Records.--In fiscal year 2021, NARA was directed to
continue to consult with specific stakeholders to update its
understanding of which records have been identified as
priorities for access and the most effective methods of
maintaining meaningful access to those records. While the
pandemic has interfered with these consultations, NARA is
expected to complete these consultations via in-person or
virtual communications and to report to the Committees within
90 days of enactment of this Act detailing with whom
consultations have occurred and the result of those
consultations.
Sand Point.--NARA is expected to complete its digitization
initiative and to post online in an easy-to-find, navigable,
and searchable platform the Alaska records currently stored at
the Sand Point facility in Washington, beginning with the
records identified as priorities in earlier consultations with
Alaska Native Tribes and Tribal Organizations. NARA is expected
to keep its commitment to complete this work within 2 years of
enactment of this Act. Digitized records from Sand Point,
including those previously digitized by Family Search, should
have descriptions and, absent privacy concerns, be posted
online in an easily accessible and searchable format in both
the NARA Catalog and on the Alaska Digitization Project
website.
OFFICE OF INSPECTOR GENERAL
The bill provides $4,968,000 for the Office of Inspector
General.
REPAIRS AND RESTORATION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $71,000,000 for repairs and restoration.
Funds are included for the Harry S. Truman Library
Institute for National and International Affairs in Kansas
City, Missouri; the Ulysses S. Grant Presidential Library in
Starkville, Mississippi; and increased funding for repairs and
restoration at Presidential Libraries. Funds are also included
for preparations for the 250th anniversary of the founding of
the United States.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
The bill provides $7,000,000 for the National Historical
Publications and Records Commission grants program.
ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Section 531 provides funds for initiatives related to the
preserving and publishing of historical records to be awarded
as follows:
------------------------------------------------------------------------
Project Name Recipient Amount
------------------------------------------------------------------------
Wisconsin Historical Society....... Wisconsin Historical $500,000
Society, Madison, WI.
Planning to Preserve Connecticut's Connecticut State $948,000
Digital Government History. Library, Hartford, CT.
The State Historical Society of The State Historical $350,000
Missouri's Processing Society of Missouri,
Congressional Papers Project. Columbia, MO.
Telling New Jersey's Untold Stories New Jersey State $206,000
Library, Trenton, NJ.
Digitization of Historic Michigan Central Michigan $135,000
Newspapers for Historical and University, Mount
Educational Use. Pleasant, MI.
Rhode Island Black Heritage Society Rhode Island Black $500,000
Heritage Society,
Middletown, RI.
Documenting Nulhegan Abenaki Nation Nulhegan Abenaki $350,000
Culture. Nation, Shelburne, VT.
Village of Old Brookville Village Incorporated Village $60,000
Hall--Records Digitization. of Old Brookville,
Brookville, NY.
Permanent Exhibition and Memorial Reginald F. Lewis $650,000
on the History of Lynching in Museum MAAMC,
Maryland. Baltimore, MD.
University of Maryland Eastern University of $500,000
Shore Historical Digitalization Maryland, Eastern
Project. Shore, Princess Anne,
MD.
Historical Archival Indexing of County of Chatham. $1,066,000
Land Records. Savannah, GA.
------------------------------------------------------------------------
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $1,545,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $19,158,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF TRUST FUNDS)
The bill provides $339,648,000 for salaries and expenses of
OPM. Within the amount provided, $164,934,000 is a direct
appropriation and $174,714,000 is a transfer from OPM trust
funds.
Interns.--OPM is directed to increase the number of interns
in the Federal Government over a three-year period in
consultation with Federal agencies and organizations
experienced at internship recruitment and professional
development for the Executive Branch. It is expected that
agencies will utilize existing hiring authorities for interns,
including authorities that would allow for interns to convert
to the permanent Federal workforce upon completion of the
program's requirements.OPM is directed to brief the Committees
on this effort no later than 180 days after enactment of this
Act, providing information on recruitment practices,
onboarding, professional development, off-boarding, and the
amount required to pay intern stipends, as well as information
on how the existing hiring authorities and programs for interns
may be modified or improved to ensure agencies have the
necessary tools to increase the employment of interns.
Transparency in Political Appointments.--In lieu of House
report language on Transparency in Political Appointments, the
agreement recommends that OPM include political appointee data
in Fedscope.
Telework.--OPM is directed to include information on
telework successes, best practices, and lessons learned during
the COVID-19 pandemic, as well as recommendations and guidance
for remote work post-pandemic, in its annual telework report.
IT Modernization.--OPM is directed to continue to provide
quarterly briefings to the Committees on its IT transformation
and cybersecurity strategy. In addition, OPM is expected to
implement the recommendations of GAO and inspector general
reports to improve information security.
Human Capital Strategy.--OPM is directed to develop a
government-wide human capital strategy in consultation with
other agencies on current and future STEM talent needs and to
produce a publicly-available report to the Committees no later
than one year after enactment of this Act. The strategy should
include existing hiring authorities, recruitment and hiring
practices, internships and fellowships, and the feasibility of
streamlining or restructuring those authorities and pathways to
improve recruitment and hiring of STEM talent.
Hiring Improvements.--The Veterans Health Administration
has made great strides dramatically shortening hiring time of
employees. OPM is directed to report to the Committees on
process reforms used by the Veterans Administration and other
agencies during the pandemic to reduce barriers to Federal
employment, reduce delays in the hiring process, improve the
overall Federal recruitment and hiring process, and to make
recommendations on reforms that could be adopted and scaled
government-wide.
Wildland Firefighter Classification and Pay.--OPM is
encouraged to assess the need for special rates of pay under
section 5305 of title 5, United States Code, for Federal
wildland firefighters and to report to the Committees on its
findings. This includes estimates of the cost of providing any
proposed special rates and analysis of how pay for wildland and
other firefighters employed by the Federal Government might be
modified or reformed to address concerns about pay-related
matters, such as classification and work hours.
Retirement Processing.--OPM is expected to continue to
submit monthly reports on the pace of retirement processing.
Constituent Service Cases.--OPM is requested to provide
quarterly updates to the Committees on its efforts to reduce
the OPM constituent backlog, including statistics on open cases
and response times.
State Achieving a Better Life Experience (ABLE) Act Savings
Plans.--OPM is strongly encouraged to promote ABLE savings
plans to all Federal agencies and is requested to provide an
update on this effort no later than 120 days after enactment of
this Act.
Information Technology Working Capital Fund.--The agreement
includes requested language creating an Information Technology
Working Capital Fund utilizing the authority provided to
Federal agencies by the Modernizing Government Technology Act
(40 U.S.C. 11301 note) to provide sustained funding to improve
and replace OPM's legacy systems and enhance cybersecurity. OPM
is strongly encouraged to address key recommendations in the
Congressionally-mandated report by the National Academy of
Public Administration issued in March 2021.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $33,233,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$5,150,000 is a direct appropriation and $28,083,000 is a
transfer from OPM trust funds.
Office Of Special Counsel
SALARIES AND EXPENSES
The bill includes $30,385,000 for salaries and expenses of
the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $17,510,000 for the salaries and expenses
of the Postal Regulatory Commission.
In preparing the report on market-dominant products
included in House Report 117-79, the PRC is expected to consult
with stakeholders.
Privacy And Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $9,800,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
The bill provides $3,605,000 for salaries and expenses of
the Public Buildings Reform Board (PBRB).
The agreement notes a decision issued by the U.S. District
Court for the Western District of Washington that the PBRB
failed to follow the requirements of the Federal Assets Sale
and Transfer Act of 2016 (FASTA, Public Law 114-287) with
regard to the proposed sale of the Federal Archives and Records
Center at NARA's Sand Point facility near Seattle. It is also
noted that OMB withdrew its approval for the planned sale but
left open the possibility that the PRRB may re-submit a request
to move forward with the sale if the agency engaged in
``meaningful and robust tribal consultation'' and submitted a
new factual record supporting a proposed sale that complies
with FASTA's procedural requirements. The Sand Point facility
houses invaluable and significant Territorial, Native American,
and Federal records for Alaska, Hawaii, Idaho, Oregon,
Washington, and the outlying areas that the respective state
agencies, Indian Tribes and Alaska Native organizations, higher
education institutions, researchers, scientists, students, and
individuals must be able to access. While NARA has committed to
digitizing, describing, and posting these records online within
two years, many records at the facility cannot be digitized. As
a result, GSA and NARA should develop a plan for relocating the
records within the Seattle area. Therefore, the PBRB is
directed to refrain from recommending to OMB a sale or
disposition of the Sand Point facility until GSA and NARA have
completed their planning and obtained complete stakeholder
concurrence, including tribal consultations as directed, on
their proposed course of action relative to the above-
referenced records.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,988,550,000 for the Securities and
Exchange Commission (SEC). Of that amount, the bill allocates
no less than $17,649,400 for the Office of Inspector General.
In addition, another $6,746,000 and $4,367,000 is provided for
move, replication, and related costs associated with
replacement leases for the Commission's Fort Worth Regional
Office facilities and the Commission's San Francisco Regional
Office facilities, respectively. All funds are derived from
offsetting collections, resulting in no net appropriation.
Climate Change Risks to Municipal Bond Markets.--The
agreement does not adopt the House report directive on State
and local municipal bond markets.
Reserve Fund Notifications.--The SEC's adherence to its
obligation to notify Congress of the date, amount, and purpose
of any obligation from the Reserve Fund within 10 days of such
obligation is appreciated. The SEC is directed, in its written
notifications to Congress required by 15 U.S.C. 78d(i)(3), to
specify: (1) the balance in the fund remaining available after
the obligation is deducted; (2) the estimated total cost of the
project for which amounts are being deducted; (3) the total
amount for all projects that have withdrawn funding from the
fund since fiscal year 2012; and (4) the estimated amount, per
project, that will be required to complete all ongoing projects
which use funding derived from the fund. The SEC is also
directed to submit, within 30 days of enactment of this Act, a
detailed spending plan for the allocation of expenditures from
the fund.
Holding Foreign Companies Accountable (HFCA) Act.--The HFCA
Act requires certain issuers of securities to establish that
they are not owned or controlled by a foreign government. The
SEC is directed to provide a briefing no later than 90 days
after enactment of this Act on implementation of the HFCA Act.
SEC Leasing.--The agreement notes concerns about the SEC's
past use of its independent leasing authority. The SEC is
strongly encouraged to work closely with GSA on its real estate
needs to ensure it is relying on the latest Federal real estate
procurement expertise and to maximize value to the government.
Selective Service System
SALARIES AND EXPENSES
The bill provides $29,200,000 for the salaries and expenses
of the Selective Service System.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $278,378,000 for salaries and expenses of
the Small Business Administration (SBA). The agreement includes
at least $12,000,000 for SBA's Office of Credit Risk Management
(OCRM) for lender oversight and risk-based reviews. Funding for
the Office of General Counsel is provided separately from this
amount. OCRM must play a key role in eliminating waste, fraud,
and abuse in SBA lending programs and protecting taxpayer
losses on loans by ensuring lenders comply with procedures that
mitigate the risk of loss under SBA's loan programs.
Fiscal Year 2023 Budget.--SBA is directed to provide to the
Committees no later than 30 days after the release of the
President's budget a summary of the model subsidy assumptions
or inputs that most significantly impact the model outputs for
all SBA business loans.
Small Business Investment Company (SBIC) Collaboration.--
SBA is directed to continue its collaborative effort with the
SEC to ensure effective oversight of SBICs and the protection
of SBIC investors.
Rural Small Business Access to Broadband.--GAO, in
consultation with SBA, is directed to brief the Committees
within 180 days of enactment of this Act on digital and
broadband challenges facing small businesses in rural
communities. GAO should consult with technology stakeholders,
trade associations, and small businesses throughout their
analysis.
Nonprofit Child Care Support.--The agreement recognizes the
critical role of child care providers in supporting the economy
and workforce, and encourages the Administrator to consider
allowing qualified nonprofit child care providers access to all
SBA loan programs that for-profit child care providers may
utilize.
Information Technology Modernization.--The agreement
recognizes the importance of IT systems modernization and
performance to fulfilling SBA's mission. The agreement notes
SBA's authority to utilize a working capital fund to help SBA
implement IT modernization projects that comply with the intent
of Congress in the Federal Information Technology Acquisition
Act to eliminate waste, fraud, and abuse in Federal IT
enterprise programs.
Size Standards.--There are concerns about restrictive size
standards for wildland firefighting and fuels management
contracts. SBA is encouraged to work with the Department of the
Interior and the Forest Service to address size standards for
North American Industry Classification System Code 115310 to
ensure that the standard reflects the increase in costs
associated with forest firefighting.
Disaster Loan Assistance Portal.--SBA is encouraged to
migrate the Disaster Loan Assistance Portal to the cloud to
improve the user experience by making it more user-friendly,
accessible, and intuitive.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $290,150,000 for SBA Entrepreneurial
Development Programs.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting Assistance). 3,500
Entrepreneurship Education................................. 2,750
Federal and State Technology (FAST) Partnership Program.... 6,000
Growth Accelerators........................................ 3,000
HUBZone Program............................................ 3,000
Microloan Technical Assistance............................. 37,000
National Women's Business Council.......................... 1,500
Native American Outreach................................... 3,000
PRIME Technical Assistance................................. 7,000
Regional Innovation Clusters............................... 8,000
SCORE...................................................... 14,000
Small Business Development Centers (SBDC).................. 138,000
State Trade Expansion Program (STEP)....................... 20,000
Veterans Outreach.......................................... 16,000
Women's Business Centers (WBC)............................. 24,400
Cybersecurity for Small Business Pilot Program............. 3,000
------------
Total, Entrepreneurial Development Programs............ 290,150
------------------------------------------------------------------------
Grants Management System.--SBA is directed to provide a
report within 30 days of enactment of this Act on the
implementation of a new grants management system and the
timeline for completion.
Federal and State Technology Partnership (FAST) Program.--
The agreement notes the FAST program's efforts to reach
innovative, technology-driven small businesses and to leverage
the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) programs to stimulate
economic development. The FAST program is particularly
important in States that are seeking to build high technology
industries but are underrepresented in the SBIR/STTR programs.
Small Business and Technology Development Centers (SBTDCs)
serve small businesses in these fields and are accredited to
provide intellectual property and technology commercialization
assistance to businesses in high technology industries. Of the
amount provided for FAST, $1,000,000 shall be for FAST awards
to SBTDCs fully accredited for technology designation as of
December 31, 2021.
Growth Accelerators.--Within amounts provided for growth
accelerators, SBA shall prioritize funding to applications from
rural areas that have not previously received an award.
Regional Innovation Clusters Eligibility.--The fiscal year
2020 request for proposal (RFP) for Regional Innovation
Clusters Services included modifications to the eligibility
criteria that excluded nonprofit organizations, including
regional economic development organizations and institutions of
higher education, from program eligibility. SBA is encouraged
to reevaluate the eligibility criteria established in the
fiscal year 2019 RFP. SBA is directed to brief the Committees
on the eligibility criteria for the fiscal year 2022 RFP no
less than 30 days prior to its publication.
Small Business Development Centers.--Subject to the
availability of funds, the Administrator shall, to the extent
practicable, ensure that a small business development center is
appropriately reimbursed within the same fiscal year in which
the expenses are submitted for reimbursement for any and all
legitimate expenses incurred in carrying out activities under
section 21(a)(1) et seq. of the Small Business Act (15 U.S.C.
648(a)(1) et seq.).
Cybersecurity for Small Businesses Pilot Program.--The
agreement includes $3,000,000 for a Cybersecurity Assistance
Pilot Program that will competitively award up to three grants
to States to provide new small businesses with access to
cybersecurity tools during their formative and most vulnerable
years.
OFFICE OF INSPECTOR GENERAL
The bill provides $22,671,000 for the Office of Inspector
General (OIG).
The OIG is encouraged to continue routine analysis and
reporting on SBA's oversight of the 7(a) loan program,
effective management of counseling and training services
offered by partner organizations, and SBA's management of the
Disaster Assistance Program.
OFFICE OF ADVOCACY
The bill provides $9,466,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $169,000,000 for the Business Loans
Program Account, of which $6,000,000 is for loans subsidy for
the Microloan Program and $163,000,000 is for the authorized
expenses of administering the business loans programs.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $178,000,000 for the administrative costs
of the Disaster Loans Program, of which $143,000,000 is
designated as being for disaster relief for major disasters and
$35,000,000 is provided for the authorized expenses of
administering SBA-declared disasters.
Business Recovery Centers.--SBA is encouraged to continue
its close collaboration with the Federal Emergency Management
Agency (FEMA) during disaster recovery and consider additional
co-location of Business Recovery Centers and Disaster Recovery
Centers where economically practicable. SBA is directed to
submit a report to the Committees within 120 days of enactment
of this Act on the feasibility of additional co-location so
that SBA and FEMA are not searching for, opening, and operating
separate facilities in the aftermath of disasters.
SBA Disaster Loan Duplication of Assistance.--There is
concern that some disaster victims are penalized with disaster
benefit reductions if they apply for SBA disaster loans, but
wind up not taking the loan when other Federal assistance is
awarded. SBA is urged to issue guidance relating to the
consideration of whether an applicant for assistance applied
and was approved for but declined assistance to the major
disaster from the Administration under section 7(b) of the
Small Business Act.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 540 provides transfer authority and availability of
funds.
Section 541 authorizes the transfer of funding available
under the SBA ``Salaries and Expenses'' and ``Business Loans
Program Account'' appropriations into the SBA Information
Technology System Modernization and Working Capital Fund.
Section 542 provides funds for initiatives related to small
business development and entrepreneurship, including
programmatic and construction activities, to be awarded as
follows:
------------------------------------------------------------------------
Project Name Recipient Amount
------------------------------------------------------------------------
Wisconsin SBDC at UW-Madison.... University of $174,000
Wisconsin-Madison,
Madison, WI.
Wisconsin SBDC at UW-Milwaukee.. University of $95,000
Wisconsin-
Milwaukee,
Milwaukee, WI.
Black Business Alliance......... The Black Business $100,000
Alliance, Inc.,
New Haven, CT.
Quinnipiac University Community Quinnipiac $406,000
Entrepreneurship Academy and University,
Clinic. Hamden, CT.
Small Business Resource Center Town of Thompson, $240,000
in Thompson. Office of Planning
Development, CT.
Cape May County Business Atlantic Cape $212,000
Development Network. Community College,
Landing, NJ.
Sinclair Community College Sinclair Community $1,000,000
Center for Advanced College, Dayton,
Manufacturing. OH.
City of Lorain-Small Business City of Lorain, OH. $250,000
Community Navigator.
Columbus College of Arts and Columbus College of $1,275,000
Design Center for Creative Art and Design,
Career Development. Columbus, OH.
United Black Fund of Greater United Black Fund $500,000
Cleveland, Inc.. of Greater
Cleveland, Inc.,
Cleveland, OH.
Outdoor Industry Softlines New River Gorge $1,500,000
Prototyping Textiles Lab at the Regional
New River Gorge Regional Development
Development Authority. Authority,
Beckley, WV.
FASTER WV....................... Advantage Valley $300,000
Community
Development
Corporation,
Charleston, WV.
Marshall University Aerospace Marshall $1,000,000
Manufacturing Training. University,
Huntington, WV.
West Virginia University's West Virginia $570,000
Agribusiness Development University at
Accelerator. Parkersburg,
Parkersburg, WV.
Bowie Business Innovation Bowie Business $3,000,000
Center's Center of Excellence Innovation Center,
for 8(a) Government Contracting. Bowie, MD.
University of Maryland, College University of $2,250,000
Park-Maryland Economic Maryland, College
Opportunity Center. Park, MD.
Building Better Business West End $1,050,000
Districts. Neighborhood
House, Wilmington,
DE.
Manufacturing and Training The Challenge $500,000
Facility for Furniture Making. Program,
Wilmington, DE.
100 Seneca at Cornplanter Square Venango County, $400,000
Franklin, PA.
Hazleton Launchbox Incubator.... Downtown Hazleton $200,000
Alliance for
Progress,
Hazleton, PA.
Incubator at Cheyney University. Cheyney University, $400,000
Cheyney, PA.
Russell House Business & Bedford County $250,000
Education Center Project. Chamber
Foundation,
Bedford, PA.
Shenandoah Innovation Center.... Downtown $350,000
Shenandoah, Inc.,
Shenandoah, PA.
The Enterprise Center CDC....... Enterprise Center $400,000
Community
Development Corp.,
Philadelphia, PA.
United Way of Greater Portland United Way of $95,000
Childcare Workforce & Greater Portland,
Entrepreneurship Initiative. Portland, ME.
Business, Agriculture and Rural University of Maine $292,000
Development (BARD) Technical System, Orono, ME.
Assistance Pipeline.
FocusMaine Catalyzing Business FocusMaine, $919,000
Growth in Maine's Marine and Augusta, ME.
Agricultural Economy.
Maine's Entrepreneur Ecosystem Maine Development $747,000
Development. Foundation,
Hallowell, ME.
Henderson Workforce Training City of Henderson, $2,000,000
Center. Henderson, NV.
Promoting Small Business Western Illinois $400,000
Startups, Sustainability, and University,
Transition. Macomb, IL.
Behavioral Workforce Initiative. Will County, $300,000
Joliet, IL.
Small Business Development Western Illinois $200,000
Initiative. University,
Macomb, IL.
Workforce Development Initiative Northern Illinois $500,000
Universitv,
DeKalb, IL.
Workforce Training Initiative... Haymarket Center, $600,000
Chicago, IL.
Burbank Enhanced Workforce City of Burbank, CA $250,000
Training for Economic Recovery.
East Palo Alto Small Business City of East Palo $555,000
Incubator. Alto, CA.
e-Commerce for Disadvantaged SUNY Buffalo State $750,000
Businesses. Small Business
Development
Center, Buffalo,
NY.
Manhattan Storefront Manhattan Chamber $800,000
Revitalization & Small Business of Commerce
Entrepreneurship Project. Foundation, New
York, NY.
GMDC Brownsville Industrial Greenpoint $2,500,000
Center. Manufacturing and
Design Center,
Brooklyn, NY.
The Urban League of Rochester The Urban League of $200,000
Entrepreneurial Assistance Rochester, N.Y.
Center Community Business Inc., Rochester,
Academy. NY.
High School Training Program for Trustees of $134,000
Small Business Accounting. Columbia
University in the
City of New York,
New York, NY.
Brooklyn Business Center........ Bedford-Stuyvesant $250,000
Restoration
Corporation,
Brooklyn, NY.
Arrowhead Community The Arrowhead $200,000
Entrepreneurship Program. Center, Las
Cruces, NM.
Arrowhead Sprint Accelerator.... The Arrowhead $200,000
Center, Las
Cruces, NM.
Native Economic Advancement and American Indian $242,000
Development (NEAD) Initiative. Chamber of
Commerce of New
Mexico,
Albuquerque, NM.
NM SBDC--Program to Support New Mexico Small $123,000
Microbusinesses with E-commerce. Business
Development
Center, Santa Fe,
NM.
NM SBDC--Spanish Speaking New Mexico Small $77,000
Business Advisor. Business
Development
Center, Santa Fe,
NM.
NM SBDC--Technology New Mexico Small $107,000
Commercialization Accelerator Business
(TCA). Development
Center, Santa Fe,
NM.
Downtown Starkville Innovation Mississippi State $1,500,000
and Entrepreneurship Hub. University,
Starkville, MS.
Jackson State Small Business Jackson State $2,000,000
Center. University,
Jackson, MS.
Vicksburg Downtown Mississippi State $650,000
Entrepreneurship Hub. University,
Starkville, MS.
Mississippi Small Business Tech University of $743,000
Commercialization Center. Mississippi,
University, MS.
COVlD-19 Displaced Worker Virginia Wesleyan $800,000
Initiative. University,
Virginia Beach, VA.
Gulf of Maine Blue Economy...... Gulf of Maine $632,000
Research
Institute,
Portland, ME.
Local Initiatives Support Local Initiatives $1,000,000
Corporation (LISC) Twin Cities Support
Creative Placemaking. Corporation, Saint
Paul, MN.
Chicago-Lake Business Neighborhood $1,000,000
Development. Development
Center, Saint
Paul, MN.
Church Street Marketplace City of Burlington, $1,000,000
Development. VT.
Energy and Climate Business Vermont Sustainable $260,000
Accelerator Program. Jobs Fund,
Montpelier, VT.
Food Enterprise Center.......... Brattleboro Retreat $3,000,000
Farm, Brattleboro,
VT.
Hardwick Yellow Barn............ Town of Hardwick, $925,000
VT.
Production Technical Assistance Vermont Maple Sugar $637,000
and Certification Program. Makers'
Association,
Westford, VT.
Program for Innovation and Vermont Small $372,000
Technology Commercialization. Business
Development
Center, Randolph
Center, VT.
BHCC Enterprise Center for Bunker Hill $377,000
Entrepreneurship and Training Community College,
(ECET). Boston, MA.
Office of Small Business Township of $450,000
Advocacy. Montclair, NJ.
BIPOC--Community Chamber Oregon Native $400,000
Coalition of Oregon Campus. American Chamber,
Portland, OR.
Blue Economy Incubator.......... Economic $l,000,000
Development
Alliance of
Lincoln County,
Newport, OR.
Native American Owned Small Oregon Native $104,000
Business Assistance. American Chamber,
Portland, OR.
Small Business Support for Black The North Northeast $750,000
and Disadvantaged Business Business
Owners. Association,
Portland, OR.
Good Manufacturing Practice University of $958,000
(GMP) Laboratory Space and Kansas/KU
Equipment at Kansas Innovation Park,
University's Innovation Park. Lawrence, KS.
Hope & Main Providence Culinary Hope & Main, $275,000
Incubator. Warren, RI.
Multicultural Innovation Center. Rhode Island Black $1,000,000
Business
Association &
RIBDI, Providence,
RI.
Social Enterprise Greenhouse.... Social Enterprise $475,000
Greenhouse,
Providence, RI.
Assisting Military Retirees and Vermont Farmer $100,000
Veterans with Farm Business Veteran Coalition,
Support. Putney, VT.
Dairy Farm Business Technical Vermont Housing and $250,000
Assistance. Conservation
Board, Montpelier,
VT.
Technical Assistance for Women Vermont Center for $200,000
and Minority-owned Businesses. Women &
Enterprise,
Burlington, VT.
Vermont Employee Ownership Vermont Employee $158,000
Center. Ownership Center,
Burlington, VT.
NEON Food Entrepreneur Northside Economic $1,000,000
Incubation Center. Opportunity
Network (NEON),
Minneapolis, MN.
Baltimore Small Business Baltimore $1,700,000
Technical Assistance Network Development
Infrastructure Support. Corporation,
Baltimore, MD.
Loyola University Maryland: York Loyola University, $675,000
Road Initiative. Baltimore, MD.
Mary Harvin Center Southern Mary Harvin $1,000,000
Bridge Workforce Center. Transformation
Center, Baltimore,
MD.
Small Business Development-- People for Change $350,000
Increasing Access to Government Coalition, Largo,
Contracts. MD.
Supporting Growth of Maryland's Maryland Tech $2,450,000
Technology and Life Sciences Council,
Businesses. Frederick, MD.
William & Mary Entrepreneurship William & Mary, $450,000
Regional Engagement. Williamsburg, VA.
Hispanic/Latinx Small Business Georgia Hispanic $293,000
Revitalization Program. Chamber of
Commerce, Atlanta,
GA.
Center for Urban Revitalization Delaware State $1,000,000
and Entrepreneurship. University, Dover,
DE.
Columbia County Small Business Columbia County $175,000
Resource Center. Economic Team, St.
Helens, OR.
Gwinnett County University of Gwinnett County $100,000
Georgia Small Business University of
Development Center. Georgia Small
Business
Development
Center,
Lawrenceville, GA.
Project Elevate................. The Greater Wilkes- $1,000,000
Barre Chamber of
Business and
Industry, Wilkes-
Barre, PA.
Leeward Community Small Business Institute for $500,000
Incubator. Native Pacific
Education and
Culture, Kapolei,
HI.
Small Business Research and South Carolina $1,000,000
Entrepreneurial Leadership State University,
Institute. Orangeburg, SC.
Memphis ReStart Initiative...... Black Business $750,000
Association of
Memphis, Memphis,
TN.
North Cascades Community Center for $180,644
Enterprise Program. Inclusive
Entrepreneurship,
Mount Vernon, WA.
Our Businesses, Our Vested In, $149,324
Neighborhoods, Our Stories. Philadelphia, PA.
West Side Bazaar Expansion Westminster $950,000
Project. Economic
Development
Initiative, Inc.,
Buffalo, NY.
County of San Diego Child Care County of San $1,000,000
Expansion Fund. Diego, San Diego,
CA.
Ascending House................. Chicago Southland $200,000
Economic
Development
Corporation, Hazel
Crest, IL.
HIRE360 Business Development HIRE360, Chicago, $1,000,000
Center. IL.
Connecticut Manufacturing & Connecticut Center $900,000
Technology CommUNITY eCommons. for Advanced
Technology, East
Hartford, CT.
Centrepolis Accelerator......... City of Southfield, $200,000
Southfield, MI.
Detroit Means Business.......... Detroit Economic $200,000
Growth
Corporation,
Detroit, MI.
City of Doraville-Small and City of Doraville, $250,000
Local Business Facade Atlanta, GA.
Improvement Grants.
Neighborhood Development Center Neighborhood $1,000,000
(NDC) Small Business Incubator Development
Project. Center, Saint
Paul, MN.
Creative Hub Community Arts Creative Hub $300,000
Center. Worcester, Inc.,
Worcester, MA.
Resurgent Stockton: Economic City of Stockton, $1,000,000
Development, Workforce Stockton, CA.
Development and Youth
Employment.
Southern WV Emerging Industry New River Gorge $750,000
Accelerator. Regional
Development
Authority,
Beckley, WV.
36Squared Business Incubator.... 36Squared Business $80,000
Incubator,
Chicago, IL.
El Pajaro Alisal Kitchen El Pajaro Community $200.000
Incubator. Development
Corporation,
Watsonville, CA.
Small Businesses Need Us........ Institute for $971,977
Entrepreneurial
Leadership, Inc.,
Newark, NJ.
Morrisville Small Business Town of $300,000
Development Program. Morrisville,
Morrisville, NC.
Valley Internet of Things Youngstown Edison $312,744
Initiative (VIOTI). Incubator
Corporation,
Youngstown, OH.
CNMI SBDC Business Innovation CNMI Small Business $952,394
Incubator. Development Center
at Northern
Marianas College,
Saipan, MP.
Startup FIU Tech and Food Florida $500,000
Business Hub. International
University
Brickell Campus,
Miami, FL.
Small Business Accelerator Central Alabama $474,355
Program. Redevelopment
Alliance,
Fairfield, AL.
Business Technical Assistance The Valley Economic $138,000
Program. Alliance, Sherman
Oaks, CA.
Entrepreneurship Incubation Hub: World Relief $673,000
Teaching & Commercial Kitchen Seattle, Kent, WA.
for Refugee & Immigrant
Community.
Growing BIPOC Micromanufacturing City of Tempe, $500,000
Entrepreneurs. Tempe, AZ.
Clinton County Business-Ready Clinton County $1,000,000
Capital Project. Government Center,
Plattsburgh, NY.
Small Business Support Center... City of Las Vegas, $437,200
Las Vegas, NV.
ProsperUS Detroit Micro Lending. ProsperUS Detroit $1,000,000
Micro Lending,
Detroit, MI.
Bronco STEA2M Innovation Hub.... California State $1,000,000
Polytechnic
University,
Pomona, CA.
Entrepreneurship for All-- Entrepreneurship $1,000,000
Statewide Initiative. for All, Inc.,
Lowell, MA.
Wright Patterson Regional Wright Patterson $1,000,000
Council of Governments. Regional Council
of Governments,
Fairborn, OH.
Asset, Limited, Income United Way of the $50,000
Constrained, and Employed Battle Creek and
(ALICE) Friendly Workplace Kalamazoo Region,
Project. Kalamazoo, MI.
Atlantic City Small Business Atlantic City $800,000
Assistance Initiative. Office of the
Business
Administrator,
Atlantic City, NJ.
RGV Small Business Innovation Texas A&M $500,000
Research and Technology Engineering
Transfer Program. Experiment
Station, College
Station, TX.
Small Business Accelerator Urban League of $150,000
Program in the Atlanta Area. Greater Atlanta,
Inc., Decatur, GA.
Black and Diverse Business Louisville Metro $250,000
Wealth Initiative. Government,
Louisville, KY.
Chef Space Consumer-Packaged Community Ventures $330,000
Goods Expansion. Corporation, Inc.,
Lexington, KY.
------------------------------------------------------------------------
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $52,570,000 for a payment to the Postal
Service Fund.
Postal Non-Banking Financial Services Modernization Pilot
Program.--The agreement does not adopt the House report
directives on a postal non-banking financial services
modernization pilot program.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $262,000,000 for the Office of Inspector
General.
United States Tax Court
SALARIES AND EXPENSES
The bill provides $57,783,000 for salaries and expenses of
the United States Tax Court, of which not to exceed $3,000 is
available for official reception and representation expenses.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly
provided.
Section 603 limits expenditures for any consulting service
through procurement contracts to those contracts where such
expenditures are a matter of public record and available for
public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds and
specifies the reprogramming procedures for agencies funded by
this Act.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background reports
from the Federal Bureau of Investigation without the written
consent of the individual who is the subject of the report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost-of-living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result of
an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 prohibits the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel, subsistence,
or related expenses from any person or entity (or their
representative) that engages in activities regulated by such
agencies or commissions.
Section 617 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 618 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund, Judicial
Survivors' Annuities Fund, and the United States Court of
Federal Claims Judges' Retirement Fund), the Government Payment
for Annuitants for Employee Health Benefits and Employee Life
Insurance, and the Payment to the Civil Service Retirement and
Disability Fund. In addition, language is included for certain
retirement, healthcare, and survivor benefits required by 3
U.S.C. 102 note.
Section 619 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children unless certain requirements are met.
Section 620 provides authority for Chief Information
Officers over information technology spending.
Section 621 prohibits funds from being used in
contravention of the Federal Records Act.
Section 622 relates to electronic communications.
Section 623 relates to Universal Service Fund payments for
wireless providers.
Section 624 prohibits funds to be used to deny Inspectors
General access to records.
Section 625 relates to pornography and computer networks.
Section 626 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 627 relates to conference expenditures.
Section 628 prohibits funds made available under this Act
from being used to fund first-class or business-class travel in
contravention of Federal regulations.
Section 629 provides $850,000 for the Inspectors General
Council Fund for expenses related to www.oversight.gov.
Section 630 relates to contracts for public relations
services.
Section 631 relates to advertising and educational
programming.
Section 632 relates to statements by grantees regarding
projects or programs funded by this agreement.
Section 633 prohibits funds for the SEC to finalize, issue,
or implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in SEC
filings.
Section 634 requires agencies funded in this Act to submit
to the Committees quarterly budget reports on obligations.
Section 635 rescinds $175,000,000 in unobligated balances
from the Department of the Treasury, Treasury Forfeiture Fund.
Section 636 redesignates a Federal building and courthouse.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701 requires agencies to administer a policy
designed to ensure that its workplaces are free from the
illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles and with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental United States.
Section 705 ensures that agencies will have authority to
pay GSA for space renovation and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the District
of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives that benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to labor
organizations, absent employee authorization or court order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to GSA to
finance an appropriate share of various Government-wide boards
and councils under certain conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council and requires OMB to report on
the budget and resources of the Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and the amount provided for all
proposals, solicitations, grant applications, forms,
notifications, press releases, or other publications related to
the distribution of funding to a State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of Olympic, Pan American, and Paralympic
athletes, and supports strict adherence to anti-doping in sport
activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees to the legislative branch and
placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Centers.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are broadcast
or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code, or
section 522.224 of title 48 of the Code of Federal Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the OPM
average unit cost of processing a retirement claim for the
preceding fiscal year, to be available to OPM for the cost of
processing retirements of employees who separate under
Voluntary Early Retirement Authority or who receive Voluntary
Separation Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government, including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of the
legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 739 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change is
made pursuant to reprogramming or transfer provisions.
Section 740 prohibits OPM or any other agency from using
funds to implement regulations changing the competitive areas
under reductions-in-force for Federal employees.
Section 741 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function performed
by civilian Federal employees pursuant to OMB Circular A-76 or
any other administrative regulation, directive, or policy.
Section 742 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 743 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure policies
unless certain provisions are included in the policies.
Section 744 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has considered
suspension or debarment of the corporation and made a
determination that this further action is not necessary to
protect the interests of the Government.
Section 745 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an 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.
Section 746 relates to the Consumer Financial Protection
Bureau (CFPB). Given the need for transparency and
accountability in the Federal budgeting process, the CFPB is
directed to provide an informal, nonpublic full briefing at
least annually before the relevant Appropriations subcommittee
on the CFPB's finances and expenditures.
Section 747 eliminates automatic statutory pay increases
for the Vice President, political appointees paid under the
executive schedule, ambassadors who are not career members of
the Foreign Service, political appointed (noncareer) Senior
Executive Service employees, and any other senior political
appointee paid at or above level IV of the executive schedule.
Section 748 requires that any executive branch agency
notify the Committees if an apportionment of an appropriation
for such agency is not approved in a timely and appropriate
manner.
Section 749 requires the retention of certain records
pertaining to certain GAO audits.
Section 750 makes technical amendments related to the
Pandemic Response Accountability Committee.
Section 751 addresses interagency funding for the United
States Army Medical Research and Development Command, the
Congressionally Directed Medical Research Programs and the
National Institutes of Health research programs.
Section 752 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action that seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
bloodborne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative. In addition, section 809
prohibits Federal and local funds to enact any law, rule, or
regulation to legalize or reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary, to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, which
aligns schools' budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision applies to the District of Columbia Courts, the Court
Services and Offender Supervision Agency, and the District of
Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2023 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2022.
Section 817 provides the District of Columbia authority to
transfer, receive, and acquire lands and funding it deems
necessary for the construction and operation of interstate
bridges over navigable waters, including related
infrastructure, for a project to expand commuter and regional
passenger rail service and provide bike and pedestrian access
crossings.
Section 818 is a new provision requiring each Federal and
District government agency appropriated Federal funding in this
Act to submit to the Committees quarterly budget reports on
obligations.
Section 819 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2022.''
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION F--DEPARTMENT OF HOMELAND SECURITY 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''.
[Clerk's note.--Reproduced below is the material relating
to division F contained in the Explanatory Statement regarding
H.R. 2471, the Consolidated Appropriations Act, 2022.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
March 9, 2022 by Ms. DeLauro of Connecticut, Chair of the House
Committee on Appropriations. The Statement appears on page H2395 of
Book III.
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DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022
The following is an explanation of Division F, which makes
appropriations for the Department of Homeland Security (DHS)
for fiscal year 2022. Funding provided in this agreement
sustains existing programs that protect the nation from all
manner of threats and ensures DHS's ability to improve
preparedness at the federal, state, local, tribal, and
territorial levels; prevent and respond to terrorist attacks;
and hire, train, and equip DHS frontline personnel protecting
the country.
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, language set forth in House Report 117-87
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
When this joint explanatory statement refers to the
Committees or the Committees on Appropriations, these
references are to the House Appropriations Subcommittee on
Homeland Security and the Senate Appropriations Subcommittee on
Homeland Security.
This explanatory statement refers to certain entities,
persons, funds, and documents as follows: the Department of
Homeland Security is referenced as DHS or the Department; the
Government Accountability Office is referenced as GAO; and the
Office of Inspector General of the Department of Homeland
Security is referenced as OIG. In addition, ``full-time
equivalents'' are referred to as FTE; ``Information
Technology'' is referred to as IT; ``program, project, and
activity'' is referred to as PPA; any reference to ``the
Secretary'' should be interpreted to mean the Secretary of
Homeland Security; ``component'' should be interpreted to mean
an agency, administration, or directorate within DHS; any
reference to SLTT should be interpreted to mean state, local,
tribal, and territorial; and ``budget request'' or ``the
request'' should be interpreted to mean the budget of the U.S.
Government for fiscal year 2022 that was submitted to Congress
on May 28, 2021.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The agreement includes an increase of $11,306,000 above the
budget request, including program increases above the request
of: $4,700,000 for the Office of Strategy, Policy and Plans for
a Migration Analysis Center; $3,500,000 for the Office for
Civil Rights and Civil Liberties (CRCL); $3,310,000 for the
Office of the Immigration Detention Ombudsman (OIDO); and
$400,000 for the Office of Partnership and Engagement. The bill
does not provide the requested $604,000 to transfer the Office
for Faith-Based and Neighborhood Partnerships.
Biometric Exit.--Not later than 30 days after the date of
enactment of this Act, the Department is directed to provide an
expenditure plan for H-1B and L-1 fee revenue and any other
resources to be applied to biometric exit implementation. The
Secretary is encouraged to continue working with the Government
of Mexico to adopt technology infrastructure that would support
entry and exit data exchange. Not later than 180 days after the
date of enactment of this Act, the Department shall brief the
Committees on its ongoing efforts to address entry and exit
data collection and exchange in the air, land, and sea border
environments.
Blue Campaign.--The agreement includes $3,000,000 for the
Blue Campaign, an increase of $400,000 above the request to
continue the transition of the program to direct appropriations
and away from a reliance on component contributions. The
Department is directed to account for and propose full direct
funding for program operations in the justification materials
that accompany future budget submissions.
Border Barriers.--Within 120 days of the date of enactment
of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of the Interior, shall convene
a multi-agency working group to identify the impacts of
complete and incomplete border security infrastructure on
border security, communities, tribes, wildlife, and local
environments, including the impacts of erosion and improper
drainage associated with partially complete infrastructure
projects. Not later than 240 days after the date of enactment
of this Act, the Secretary shall provide the Committees with a
plan for addressing such impacts.
Case Management.--DHS is directed to coordinate with the
Department of Health and Human Services (HHS) to provide an
analysis of existing Alternative to Detention (ATD) case
management programs.The Department shall brief the Committees
on their findings within 180 days of the date of enactment of
this Act.
Family Separation--Extended Families.--For unaccompanied
children who arrive with an adult immediate relative, other
than a parent or legal guardian, CBP shall ensure that ORR is
made aware of the extended family relationship and that its
electronic processing systems document such relationships. DHS
is directed to develop consistent policies, informed by the
best interests of the child and in collaboration with other
federal agencies that work with unaccompanied children, for the
treatment of family units. In addition, the Department is
directed to provide the Committees with a report, not later
than 60 days after the date of enactment of this Act, detailing
the Department's working definitions of, and any pertinent
memos, trainings, or documents, relating to the issue of
``fraudulent family units.''
Family Separation and Reunification.--Whenever possible and
consistent with the best interests of the child, the Department
shall ensure that separated family units are reunited prior to
removal or release from U.S. Customs and Border Protection
(CBP) custody and remain together upon transfer to U.S.
Immigration and Customs Enforcement (ICE) or Office of Refugee
Resettlement (ORR) custody. Individuals transferred from CBP to
ICE custody, currently in ICE custody, or under ICE supervision
should also have opportunities to report family separation
incidents; to verify the status, location, and disposition of
family members; and to regularly communicate by telephone with
family members. The Department shall ensure that agents and
officers are properly trained in child welfare screening for
child victims of trafficking, in accordance with the
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457). CBP shall also continue to follow
direction in Senate Report 116--125 regarding Immigration
Reunification. The Department is directed to continue to
provide a monthly report to the Committees, to also be made
public on the department's website, which shall document when
and where all family separations occur.
The Department is directed to continue to provide a monthly
report to the Committees, to also be made public on the
department's website, which shall provide the following:
(1) the number of children separated from their parents at
the border, delineated by age and nationality of the children
and the parents or legal guardians;
(2) the nature of administrative or criminal charges filed
against adult family members;
(3) the basis for the separation, including whether such
separation was based on information obtained by a foreign
government;
(4) how often family units apprehended together are
detained in ICE custody, referred to ORR, and/or deported
separately;
(5) whether child welfare experts were consulted prior to
the family's physical separation;
(6) whether a minor was separated from a group presenting
as a family unit after a determination that no adult in the
group was a parent or legal guardian; and
(7) in cases where CBP separates individuals claiming to be
a family unit on the basis of suspected human trafficking,
information about whether any adult in the group was
subsequently charged civilly or criminally with a trafficking
offense.
The report shall also detail processes for ensuring the
reunification of separated family units and as applicable, the
Department may transmit information relating to (3) above in
the appropriate format.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police community relations, and the protection of
civil rights, that are broadly applicable and scalable to all
Federal law enforcement agencies. The agreement further notes
that several agencies funded by this Act employ Federal law
enforcement officers and are Federal Law Enforcement Training
Centers partner organizations. The agreement directs such
agencies to consult with the Attorney General regarding the
implementation of these programs for their law enforcement
officers. The agreement further directs such agencies to submit
a report to the Committees on Appropriations on their efforts
relating to such implementation no later than 180 days after
consultation with the Attorney General. In addition, the
agreement directs such agencies, to the extent that they are
not already participating, to consult with the Attorney General
and the Director of the FBI regarding participation in the
National Use-of-Force Data Collection. The agreement further
directs such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of this
Act, on their efforts to so participate.
Future Goods and Services for Homeland Security Feasibility
Report.--The Department is directed to submit the report
required in the joint explanatory statement accompanying the
fiscal year 2021 Act on the feasibility of producing an annual
projection of needs for goods and services necessary for
responding to and supporting recovery from nationwide
disruptions.
Headquarters Organizational Units.--The Department is
directed to brief the Committees at least 60 days prior to any
changes to or transfer of headquarters organizational units.
Language Access Programs.--Not later than 30 days after the
completion of the analysis of component language access plans
directed in the explanatory statement accompanying the fiscal
year 2021 Act, CRCL is directed to brief the Committees on the
results of the analysis and recommendations for improvements to
such plans.
Law Enforcement Support.--Not later than 90 days after the
date of enactment of this Act and to be updated quarterly, the
Secretary shall make available a report on a publicly
accessible website that includes data on requests to any law
enforcement component of the Department of Homeland Security
for law enforcement support in the form of personnel, aircraft,
or other assets, which shall include each of the following for
each requesting entity:
(1) the purposes for which support is requested;
(2) the numbers and categories of personnel and assets
requested;
(3) the requested duration of the support;
(4) whether the requested support was provided and, if so,
the dates and descriptions of such support; and
(5) an estimated cost of providing such support.
These reporting requirements shall apply to requests from
non-federal law enforcement entities and federal law
enforcement entities, including other components of the
Department of Homeland Security. The reporting requirements
shall not apply to:
(1) requests for support or support associated with Special
Event Assessment Rating events for which the Department of
Homeland Security and other Federal departments and agencies
provide support by law;
(2) support and coordination associated with National
Special Security Events;
(3) training and other educational support;
(4) support provided through a grant program; or
(5) cooperative or joint investigations.
Support to a non-federal entity in a location where First
Amendment protected activity is occurring should only be
provided if approved in advance by the Secretary, the Deputy
Secretary, or the Under Secretary for Management, and the
Department shall notify the Committees not more than 48 hours
after the approval of such support.
Legal Orientation and Access Programs.--Within 270 days of
the date of enactment of this Act, the Office of Strategy,
Policy, and Plans, in cooperation with CRCL, shall brief the
Committees on the benefits, challenges, and potential impact of
establishing legal orientation and access programs in all
custody and detention facilities.
Domestic Terrorism.--The Department is directed to
coordinate with the Department of Justice, including the FBI,
and key public safety officials across the United States to
promote information sharing and ensure an effective joint
effort to combat domestic terrorism. The Department is also
directed to review its anti-terrorism training and resource
programs for federal and SLTT law enforcement agencies, with a
focus on ensuring they are effective in helping agencies
understand, detect, deter, and investigate extremist threats,
including any potential surreptitious efforts by extremists to
join the ranks of law enforcement.
Not later than 90 days after the date of enactment of this
Act, the Department is directed to brief the Committees on
Appropriations and Judiciary of the House and the Senate on its
assessment of the domestic terrorism threat, including internal
threats to law enforcement. The briefings shall also include an
analysis of acts or attempted acts of domestic terrorism in the
United States during fiscal year 2021.
Official Reception and Representation Expenses.--DHS shall
continue to submit quarterly obligation reports for official
reception and representation expenses, as in prior years, and
refrain from using such funds for unnecessary collectibles or
memorabilia.
OSEM Hiring and Staffing.--OSEM is directed to provide
quarterly updates to the Committees on hiring and staffing
within OSEM.
Outreach to Tribes and Rural Areas.--The Office of
Partnership and Engagement is directed to brief the Committees
not later than 90 days after the date of enactment of this Act
on its outreach efforts to rural communities and tribes in
support of the homeland security mission.
CBP Border Security Technology.--Within 90 days of the date
of enactment of this Act, DHS is directed to brief the
Committees on each type of border security technology in use
between the ports of entry, which should address the following:
(1) the type of technology, including its mechanism for
collecting data and the type of data it collects;
(2) the justification for the use of the technology;
(3) potential privacy impacts that could result from the
use of the technology and measures in place to mitigate those
impacts where appropriate;
(4) identification of which technologies have had privacy
or civil liberties reviews submitted to or carried out by CRCL
or the DHS Privacy Office;
(5) oversight mechanisms in place to ensure adherence to
privacy laws and policies;
(6) the number of complaints received by CRCL related to
each border security technology platform or modality;
(7) the data collection, handling, and disposal policies
for the technology;
(8) any contract or other agreement for the acquisition or
use of the technology, with appropriate redactions for
proprietary or sensitive law enforcement information; and
(9) any memoranda of understanding with other agencies
related to the use of the technology and accompanying
justification for each agreement, with appropriate redactions
for sensitive law enforcement information.
The briefing shall also address the feasibility of making
this information available on a public facing website, to be
updated quarterly as necessary and with appropriate redactions
for law enforcement sensitive information.
Parole Requests.--Beginning within 60 days, the Department
shall provide quarterly reports on the number of parole
requests received and granted, and for those granted, the
rationale for each grant and its duration.
Policies, Standards, and Practices.--GAO is directed to
review use of force policies, incident tracking mechanisms, and
training for DHS law enforcement components, including an
assessment of whether vehicle pursuit policies, apprehension
tactics, training on de-escalation and less lethal responses,
and other policies, standards, and practices: (1) follow law
enforcement best practices; (2) reflect recommendations from
the Homeland Security Advisory Council's Integrity Advisory
Panel; and (3) compare to those of Department of Justice law
enforcement components. GAO shall provide a briefing to the
Committees on the interim results of the review not later than
180 days after the date of enactment of this Act and shall
provide a final report to the Committees not later than one
year after the date of enactment of this Act.
Public Reporting of Operational Statistics.--The Department
is directed to submit quarterly Border Security Status Reports
and data on the removal of the parents of U.S.-born children
semiannually, as in prior years.
Records Management.--The Department is expected to maintain
records and respond to records requests according to the
requirements of section 552 of title 5, United States Code, for
information related to all detainees in the custody of the
Department, regardless of whether such detainees are housed in
a federal or non-federal detention facility. Records should
only be withheld from disclosure if the Department reasonably
foresees that disclosure would harm an interest protected by an
exemption described in section 552(b) of title 5, United States
Code, or is otherwise prohibited by law.
Reporting Mechanism.--Not later than 120 days after the
date of enactment of this Act, CRCL is directed to brief the
Committees on current mechanisms for the intake of complaints
from the public related to state and local law enforcement
involvement in federal immigration enforcement.
Review of Law Enforcement Officer (LEO) Duties.--The
Secretary is directed to engage with a Federally Funded
Research and Development Center or other independent entity
with appropriate expertise to review the duties and
responsibilities of a CBP officer or agent. The review should
determine whether such personnel currently perform roles for
which LEO training and expertise is not required as a matter of
law or regulation. DHS is directed to provide a briefing to the
Committees on the results of this evaluation not later than 120
days after the date of enactment of this Act, which should
include recommendations for any needed changes to statute,
regulation or policy that could help reduce the Department's
current reliance on LEOs for duties that could be provided by a
non-LEO more efficiently and at less expense.
Small Unmanned Aerial Vehicles (sUAS).--Until national
security requirements for procuring sUAS are in place, no funds
in this Act shall be used to procure sUAS without a
certification of review of the industry alert and any
subsequent UAS guidance and the completion of a risk assessment
that considers the proposed use of foreign-made UAS. The Office
of Strategy, Policy, and Plans is directed to continue to
review domestically produced sUAS alternatives and update
guidance as appropriate.
State Police and Crime Labs.--The Department should
continue to work with state crime labs where available,
particularly in areas not adequately served by departmental
labs or other federal facilities, and to provide appropriate
assistance to state police crime labs to ensure federal
requirements do not burden state resources and to prevent the
accumulation of backlogs that can slow investigations. The
Department shall report annually on its use of, and
partnerships with, state crime labs, including an accounting of
funding associated with such partnerships.
Tribal Engagement.--The Office of Partnership and
Engagement is directed to continue briefing the Committees on
its outreach efforts to rural communities and Tribes in support
of their homeland security efforts, with the first such
briefing to be provided not later than 90 days after the date
of enactment of this Act.
Visa Overstays.--Consistent with section 1376 of title 8,
United States Code, the Department is directed to submit an
updated report outlining its comprehensive strategy for
overstay enforcement and deterrence not later than 180 days
after the date of enactment of this Act. The report shall
detail ongoing actions to identify aliens who have overstayed
their visas, including efforts to improve overstay reporting
capabilities; notify aliens in advance of their required
departure dates; track overstays for enforcement action; refuse
or revoke current and future visas and travel authorization;
and otherwise deter violations or take enforcement action.
Use of Facial Recognition Technology.--Within 180 days of
the date of enactment of this Act, the Department is directed
to implement a mechanism to track the use of non-federal
systems with facial recognition technology by DHS personnel to
support investigative activities. After implementing such
mechanism, the Office of Strategy, Policy, and Plans is
directed to brief the Committees on an assessment of the risks
of using such systems, including privacy and accuracy-related
risks; whether such risks have been or could be appropriately
mitigated; and details of the requirements and costs of any new
or expanded mitigation strategy.
FEDERAL ASSISTANCE
The agreement provides an increase of $10,000,000 above the
request for an Alternatives to Detention case management grant
pilot program.
Management Directorate
OPERATIONS AND SUPPORT
The agreement includes an overall decrease of $16,544,000
below the request. It includes increases of: $1,800,000 above
the request for the new GOVTA licenses for the National Finance
Center Payroll Time and Attendance (T&A) Program; $2,500,000
for the Secretary's Honors Program; $18,156,000 for increased
IDENT sustainment costs; and $5,000,000 for Program Analysis
and Evaluation (PA&E) to review models developed by DHS
components. It includes a decrease of $44,000,000 for vehicle
fleet modernization. The agreement also provides net zero
technical adjustments requested by the Department in technical
drafting assistance.
Appropriations Structure Consistency.--Not later than 120
days after the date of enactment of this Act, the Program
Analysis and Evaluation Director and the Budget Director shall
brief the Committees on actions taken by the Office of the
Chief Financial Officer (OCFO) to ensure consistent use of
appropriations account categories (O&S, PC&I, and R&D) across
DHS. The briefing shall include lessons learned since the
establishment of the Common Appropriations Structure; oversight
actions to ensure proper programming during the budget cycle
and off-cycle to cover any year of execution changes; and
options for strengthening consistency across the Department.
Budget Justifications.--The Department is expected to
provide complete justification materials for the fiscal year
2023 budget request, providing details for each office and
program, and clearly describing and accounting for current
services, transfers, adjustments to base, and program changes.
In addition to the elements and level of detail described in
Senate Report 116-125, the justifications shall incorporate
output from predictive models used by DHS component agencies to
identify likely impacts to future requirements. For each
relevant program area, justifications shall clearly describe
and quantify the projections used to inform resource requests,
indicate the agencies impacted by the projections, and confirm
whether the budget requests for those agencies were developed
using the same assumptions.
In addition, the Chief Financial Officer is directed to
ensure that fiscal year 2023 budget justification materials for
classified and unclassified budgets of all components are
submitted concurrent with the President's budget submission to
the Congress.
Component Briefing Materials.--Copies of written materials
for all component, directorate, and office briefings to the
Committees shall be provided to the Office of the Chief
Financial Officer for review sufficiently in advance of
scheduled briefings to ensure that the materials are responsive
to briefing directives.
Component Spend Plans.--The Department is directed to
notify the Committees when significant, policy related changes
are made to spend plans. Any significant new activity that has
not been explicitly justified to the Committees or for which
funds have not been provided in appropriations Acts requires
the submission of a reprogramming or transfer request.
Component Staffing Plans.--The Department shall submit
staffing plans to the Committees on a quarterly basis and shall
ensure such plans are connected to activity-level details in
the budget justification materials.
Component Models.--The agreement includes $5,000,000 for
the Office of Program Analysis and Evaluation (PA&E) to review
models developed by DHS components in order to develop and
maintain an enterprise-wide awareness of models and create
common standards to which component models are built and
validated across the Department. PA&E shall prioritize efforts
to incorporate agency models, where relevant, into internal
budgeting and planning processes, directly connecting the
output from those models to annual budget justification
materials to either maintain or increase funding.
Counter-Unmanned Aerial Systems (CUAS).--Within 60 days of
the date of enactment of this Act, the Department shall brief
the Committees on its estimated funding needs, including those
not addressed within the fiscal year 2023 budget request, for
fiscal years 2023 through 2024 to research, test, acquire, and
deploy CUAS capabilities.
Cybersecurity Professionals.--Not later than 60 days after
the date of enactment of this Act, the Office of the Chief
Human Capital Officer, in coordination with the Office of the
Chief Information Officer (OCIO) and CISA, shall brief the
Committees on the status of meeting the Department's
cybersecurity hiring goals and plans for developing
standardized metrics to ensure consistency in identifying
personnel skills and talents across the Department. The
briefing should also include recommendations on how the
qualification standards for IT-focused jobs can be updated to
meet the Department's needs and the role and anticipated impact
from the new Cybersecurity Talent Management System.
Data Center Consolidation.--In addition to budget
justification materials and obligation plans, OCIO shall
provide semiannual briefings to the Committees on the execution
of its major initiatives and investment areas, including
details regarding cost, schedule, hybrid data center and cloud
solutions, and the transfer of systems to or from department
data centers or external hosts.
Domestic Supply Chain.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall provide a report to the Committees with
recommendations on how the Department may procure additional
items from domestic sources and bolster the domestic supply
chain for items related to national security. The report shall
include a status of the compliance of the Department with the
requirements under section 604 of title VI of division A of the
American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b).
Additionally, the report shall include an assessment of the
capacity of the Department to procure the following items from
domestic sources: personal protective equipment and other items
necessary to respond to a pandemic such as that caused by
COVID-19; body armor components intended to provide ballistic
protection for an individual; helmets that provide ballistic
protection and other head protection and components; and rain
gear, cold weather gear, and other environmental and flame
resistant clothing.
Hiring in Rural Communities.--Not later than 90 days after
the date of enactment of this Act, the Department shall provide
a report to the Committees on the challenges of recruiting and
retaining federal employees in non-contiguous and rural states.
The report shall include a clear description of the obstacles
related to using small businesses; information about rates of
attrition; the numbers of unfilled positions; and the duration
of time for which those positions have remained vacant. The
report shall also provide an assessment of the effect these
vacancies have on the ability of components to accomplish their
statutory and administrative responsibilities.
IDENT Sustainment Operations.--The agreement includes an
increase of $18,156,000 which is required for the continued
operations of IDENT throughout fiscal year 2022.
Independent Evaluation of the Homeland Security Advanced
Recognition Technology System (HART).--The Department is
directed to ensure an independent evaluation of revised program
plans for HART is initiated in fiscal year 2022. Additionally,
the Department shall provide adequate disclosure of its
technologies, data collection mechanisms, and sharing
agreements among DHS immigration enforcement agencies, other
Federal, State, local, and foreign law enforcement agencies,
and fusion centers as relates to the development of HART.
DHS Policy Regarding the Office of the Inspector General.--
The agreement directs the Secretary to review MD 0810.1 to
ensure the Department has clearly delineated roles and
responsibilities for each of its oversight bodies, while also
preserving the OIG's independence and authorities granted by
the Inspector General Act of 1978. In reviewing this directive,
for matters where the Secretary determines the OIG shall have
the opportunity to claim exclusive jurisdiction, such
jurisdiction shall be reviewed to ensure it is narrowly
tailored to ensure that the Department's other oversight
functions are able to continue to execute their
responsibilities. The Department shall brief the Committees not
later than 90 days after the date of enactment of this Act on
the interim findings of this review and issue a revised
directive, as warranted by the review, not later than 180 days
after the date of enactment of this Act.
Office of Biometric Identity Management (OBIM) Semi-Annual
Briefings.--OBIM is directed to continue briefing the
Committees on a semiannual basis on its workload, service
levels, staffing, modernization efforts, and other operations.
Vehicle Fleet Modernization.--The agreement includes
$32,000,000 for vehicle fleet modernization. The Department is
directed to provide to the Committees a spend plan for these
funds within 45 days of the date of enactment of this Act.
Working Capital Fund (WCF) realignment.--The agreement
includes the requested realignment of WCF transfers across the
Operations and Support PPAs.
Zero Trust Security Model.--The agreement directs the
Department to continue aggressively pursuing a zero trust
security model including through adopting capabilities that
allow endpoints such as mobile devices and remote workspaces to
operate in a secure and protected manner, as they would
normally exist within agency networks.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $95,000,000 above the request. The
total includes the requested amounts for headquarters lease
consolidations and decommissioning, improvements at Mt.
Weather, and the proposed headquarters consolidation activities
at the St. Elizabeths campus. It includes an increase of
$150,000,000 above the request for Joint Processing Centers, as
described below. The agreement includes a decrease of
$30,000,000 from the request for financial services
modernization and a decrease of $25,000,000 from the request
for HART development and deployment.
DHS Headquarters Consolidation.--Within 30 days of the date
of enactment of this Act, the Department shall provide to the
Committees an updated plan for the St. Elizabeths campus that
has been approved by the Secretary, to include cost savings
associated with the construction of new headquarters facilities
for the Office of Intelligence and Analysis and ICE.
Financial Services Modernization (FSM).--Within 90 days of
the date of enactment of this Act, the Department shall brief
the Committees on its strategy for the acquisition of software
and services related to FSM.
HART Development and Deployment.--The agreement includes a
decrease of $25,000,000 from the request in recognition of
ongoing cost, schedule, and performance challenges, derailing
implementation of new operational capabilities for DHS
agencies. Within 45 days of the date of enactment of this Act,
the Department shall provide a briefing to the Committees on
the status of a revised program baseline and whether the DHS
Acquisition Review Board has approved that revised baseline.
The briefing shall also include steps the Department is taking
to minimize future delays, and, as noted above, the timeframe
to conduct an independent verification and validation of
revised HART development plans.
Joint Processing Centers.--Increased migration to the U.S.
Southern border over the past few years has strained the
capabilities of CBP and ICE to both secure the border and to
humanely process individuals in a timely manner. Beginning in
2019, CBP began leasing temporary, soft-sided facilities to
help manage processing and mitigate overcrowding. Because the
cost of leased facilities is not sustainable, the bill provides
funding to construct two permanent facilities in close
proximity to the border, which also provides an opportunity to
design facilities that can help CBP and ICE better integrate
their operations, reducing costs and time in CBP custody for
individuals, and returning agents to patrol the border. Not
later than 90 days after the date of enactment of this Act, the
Under Secretary for Management shall develop Department-wide
requirements and operating procedures for Joint Processing
Centers that enhance border security operations; better
integrate CBP and ICE immigration processing; reduce the
Department's short-term processing and custody costs; and
facilitate the humane treatment of individuals encountered at
the border.
Intelligence, Analysis, and Operations Coordination
OPERATIONS AND SUPPORT
The agreement reduces the request by $22,449,000. A total
of $89,672,000 is available until September 30, 2023.
Annual Budget Justification Materials.--The fiscal year
2023 budget justification materials for the classified budget
shall include the same level of detail required for other
appropriations and PPAs.
Intelligence Expenditure Plan.--The Department's Chief
Intelligence Officer is directed to brief the Committees on the
fiscal year 2022 expenditure plan for the Office of
Intelligence and Analysis within 30 days of the date of
enactment of this Act. The plan shall include the following:
(1) fiscal year 2022 expenditures and staffing allotted for
each program as compared to fiscal years 2018 through 2021;
(2) all funded versus on-board positions, including FTE,
contractors, and reimbursable and non-reimbursable detailees;
(3) a plan for all programs and investments, including
dates or timeframes for achieving key milestones;
(4) allocations of funding within each PPA for individual
programs and a description of the desired outcomes for fiscal
year 2022; and
(5) items outlined in the classified annex accompanying
this explanatory statement.
Office of Inspector General
OPERATIONS AND SUPPORT
The agreement includes $205,359,000, consistent with the
budget request.
Custody Operations Reporting.--OIG is directed to continue
its program of unannounced inspections of immigration detention
facilities and shall publish its final report regarding the
inspections within 180 days of the enactment of this Act. The
Inspector General shall ensure that the results of the
inspections and other reports and notifications related to
custody operations activities are posted on a publicly
available website.
Denial of OIG Access to Records and Information.--The OIG
shall provide a quarterly report to the Committees concerning
efforts of components to prevent or impede OIG access to
records, documents or other materials. The report shall include
at a minimum, a summary of the OIG request, a description of
the component response to the request, and any other
information the OIG determines appropriate.
Disaster Assistance for Individuals and Households.--The
OIG is directed to review FEMA's application process and
procedures for the Individuals and Households Program (IHP)
including its methods to prevent fraudulent applications, and
to brief the Committees on its findings within 120 days of the
date of enactment of this Act. The briefing shall detail
whether recommendations from oversight entities, including the
OIG, may have inadvertently led FEMA to develop policies and
procedures that are overly restrictive and, as a result, may be
preventing disaster survivors who would otherwise be eligible
for IHP from receiving that assistance.
Monthly Budget and Staffing Briefings.--In addition to the
requirement set forth in section 102 of this Act, OIG shall
provide the Committees monthly budget and staffing briefings
beginning not later than 45 days after the date of enactment of
this Act. The briefings shall align budget and staffing to
program areas and also serve as regular operational updates of
OIG's activities. The first briefing shall include planned
obligations for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan. Prior to the first briefing, OIG shall
provide the Committees a proposed list of program areas, which
shall include a Mission Support category used by other DHS
components.
Strategic Plan.--Within 90 days of the date of enactment of
this Act, OIG shall brief the Committees on the Strategic Plan,
which shall include an update on the status and effectiveness
of the ongoing implementation of the Plan. The briefing shall
also address the June 2021 Government Accountability Office
(GAO) Report entitled, ``Actions Needed to Address Long-
Standing Management Weakness,'' and specifically respond to
each recommendation raised by the GAO.
TITLE I--ADMINISTRATIVE PROVISIONS
Section 101. The agreement continues a provision requiring
the Inspector General to review grants and contracts awarded by
means other than full and open competition and report the
results to the Committees.
Section 102. The agreement continues a provision requiring
the Chief Financial Officer to submit monthly budget execution
and staffing reports within 30 days after the close of each
month.
Section 103. The agreement continues a provision directing
the Secretary to require that contracts providing award fees
link such fees to successful acquisition outcomes.
Section 104. The agreement continues a provision requiring
the Secretary, in conjunction with the Secretary of the
Treasury, to notify the Committees of any proposed transfers
from the Department of Treasury Forfeiture Fund to any agency
at DHS. No funds may be obligated prior to such notification.
Section 105. The agreement continues a provision related to
official travel costs of the Secretary and Deputy Secretary.
Section 106. The agreement includes a provision requiring
the Under Secretary for Management to provide quarterly
briefings on acquisition information to the Committees.
Section 107. The agreement includes a provision restricting
the use of funding for any pilot program involving more than 5
full-time personnel equivalents or costing in excess of
$1,000,000 unless the Secretary submits certain information to
the Committees related to the program's goals, metrics, and
implementation plan.
Section 108. The agreement includes a provision authorizing
reimbursements to airports for the costs of supporting DHS
efforts to receive individuals evacuated from Afghanistan as
part of Operation Allies Welcome.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
The agreement includes increases above the request for the
following: $125,489,000 for adjustments to pay based on
technical assistance provided by U.S. Customs and Border
Protection (CBP); $27,495,000 for the implementation of the
Uyghur Forced Labor Prevention Act; $21,900,000 for onsite
mental health clinicians and resiliency efforts, for a total of
$23,000,000; $3,000,000 for a zero trust architecture pilot;
$500,000 for asylum processing analysis; $5,000,000 for tuition
assistance; $5,000,000 for tribal roads used by the Border
Patrol; $10,000,000 for processing improvements; $1,500,000 for
rescue beacons and the missing migrant program, for a total of
$3,000,000; $2,500,000 for analytics; $25,000,000 for
innovative technology; $6,000,000 for caregivers and childcare
services; $4,000,000 for Carrizo cane control, for a total of
$6,000,000; $20,000,000 for incident driven video recording
systems, including body worn cameras, and for Freedom of
Information Act compliance and data storage requirements;
$10,000,000 for video device monitoring capabilities;
$21,000,000 for autonomous surveillance towers; $10,000,000 for
port of entry technology; $10,000,000 to maintain baseline
programs for the Office of Trade; $10,000,000 for forced labor
activities; $10,000,000 for contract costs; and $2,000,000 for
medical contract oversight. Title V of this bill includes an
additional $650,000,000 to compensate for the pandemic related
reduction in customs and immigration user fee revenue, and
$993,792,000 related to increased border management costs. The
agreement also includes numerous realignments based on
technical assistance provided by CBP.
Within the total amount provided, the bill makes
$700,000,000 available until September 30, 2023, including
$74,340,000 for increased hiring and facility requirements
within the Office of Professional Responsibility; $23,000,000
for onsite mental health clinicians and resiliency efforts; and
$3,000,000 for rescue beacons and the missing migrant program.
Acquisition Reforms.--Not later than 30 days after the date
of enactment of this Act, CBP is directed to brief the
Committees on the recommendations and lessons learned from the
recent independent review of its acquisition processes and
procedures, including an implementation plan for the
recommended reforms and, for any recommendation CBP does not
plan to implement, the rationale for not doing so.
Advanced Electronic Data.--CBP is directed to brief the
Committees within 90 days of the date of enactment of this Act
on efforts to implement the STOP Act and the impact of
implementation on preventing the entry of dangerous opioids,
such as fentanyl.
Agricultural Inspections.--CBP shall continue working with
USDA to better leverage existing staff to address the
agricultural inspection workload, such as through the
authorization of additional work hours or dual certification.
Asylum Processing.--In addition to related direction in the
House Report, CBP shall review training protocols, consider the
benefit and feasibility of infrastructure changes and other
investments to ensure the safe, humane, and orderly processing
and prompt processing of single adults, families, and
unaccompanied children in CBP custody, in compliance with the
CBP National Standards on Transport, Escort, Detention, as well
as existing legal and court requirements.
Border Migration Management.--Within 90 days of the date of
enactment of this Act, CBP shall brief the Committees on its
processing capacity at the southwest border and provide
recommendations for increasing that capacity to better manage
influxes of individuals crossing the southwest border, either
at or between the land ports of entry.
Border Patrol Workforce Staffing Model.--Within 30 days of
the date of enactment of this Act, CBP shall provide a briefing
to the Committees on the status of the Border Patrol workforce
staffing model, which should take into account the impact of
border security technology, infrastructure, and air and marine
support on personnel needs. Within 90 days of the date of
enactment of this Act, CBP shall provide a report detailing a
finalized model, including a description of the data sources
and methodology used to generate the model; actions taken to
independently verify the model; and a plan for updating and
maturing the model, including the impact of new border security
investments.
Border Security Deployment Program (BSDP).--CBP shall brief
the Committees within 120 days of the date of enactment of this
Act on a plan to expand BSDP at LPOEs.
Budget Justification.--The agreement continues direction
from the fiscal year 2021 explanatory statement for CBP to
include the following information in congressional
justifications for proposed funding increases: a description of
the relationship between investments; data on how a change in
one investment may impact another; and how the investments will
improve performance. The justifications should be informed by
advanced analytics and modeling tools that link resources to
operational capabilities. CBP is directed to accelerate efforts
to adopt and incorporate these types of tools and provide a
briefing within 60 days of the date of enactment of this Act on
how the agency will comply with this requirement.
Additionally, CBP is directed to marshal its considerable
resources to develop and apply predictive analytics to inform
future budget submissions and other planning activities. CBP
shall provide a briefing to the Committees on a plan to comply
with this requirement within 45 days of the date of enactment
of this Act.
Continued Dumping and Subsidy Offset Act (CDSOA)
Compliance.--CBP shall determine the impact of the recoupment
of prior duties under CDSOA on U.S. producers and notify the
Committees prior to recouping such payments or reducing future
payments.
CBP-wide Capability Gaps.--As directed in the joint
explanatory statement accompanying the fiscal year 2021 Act,
and in lieu of direction in the House Report, CBP shall brief
the Committees bi-monthly on its efforts to evaluate CBP-wide
workload, capabilities, assets, and human resource gaps and use
the results of the quarterly analyses to support future budget
requests.
Death Notifications.--CBP is directed to ensure agents have
sufficient training to carry out the agency's procedures on
death in custody notifications, including adherence to all
pertinent privacy laws. CBP shall ensure that all required
notifications are made in a timely manner, including timely
notification to the applicable consulate, congressional
committees, and other agency stakeholders. CBP shall provide a
description of its notification policies on its public-facing
website, and promptly update the description to reflect any
future changes in the policy. CBP shall also continue to
provide the data required in its Notification and Review
Procedures for Certain Deaths and Deaths in Custody, dated May
26, 2021, regarding migrant deaths. Additionally, in lieu of
direction in the House Report concerning notification of a
death in custody or not in custody, CBP shall notify the
Committees 24 hours or as soon as validated information is
available, but not to exceed 72 hours.
Drug and Currency Interdiction Reporting.--Within 60 days
of the date of enactment of this Act, CBP shall brief the
Committees on options for publicly reporting on monthly
seizures of marijuana, cocaine, heroin, fentanyl, and fentanyl
analogues.
Drug Detection Capabilities.--Funds provided by this and
prior Acts shall be made available for facility improvements;
detection and testing equipment upgrades; increased capacity
for testing and storing illegal and regulated substances;
improved interoperability with FDA detection equipment; and
innovative technologies that apply advanced analytics and
machine learning capabilities.
Environmental Crimes Enforcement.--Within 120 days of the
date of enactment of this Act, CBP shall brief the Committees
on its efforts to implement the requirements of the Lacey Act
amendments of 2008, related to international deforestation and
combatting the illegal trade of wildlife and timber products.
Fee Shortfall.--Funds provided in section 542 of this Act
shall be managed by the CBP CFO to address current operational
requirements while carrying over the maximum amount of funds
into fiscal year 2023. The CFO shall brief the Committees on an
obligation plan for these funds not later than 30 days after
the date of enactment of this Act.
Honey Import Testing.--CBP is directed to provide a report,
within 180 days and in collaboration with the FDA, on:
(1) the number of imported honey shipments tested for
country of origin (COO) fraud and adulteration;
(2) the number of shipments that testing suggested involved
COO fraud or adulteration;
(3) the technologies employed in carrying out those tests;
and
(4) an ongoing strategy for CBP to detect and combat COO
fraud.
Land Ports of Entry (LPOE).--In addition to direction in
the House Report concerning the LPOE Infrastructure Capital
Plan, special consideration shall also be given to facilities
for which reconfiguration or upgrades would improve the flow of
local traffic and allow residents to move more freely in their
own communities.
CBP is directed to provide a briefing to the Committees
within 90 days of the date of enactment of this Act on the
actions it is taking to address the recommendations in the July
2019 GAO report, ``Border Infrastructure: Actions Needed to
Improve Information on Facilities and Capital Planning at Land
Border Crossings'' and any recent or planned changes to the
planning process. CBP and GSA are directed to consider growth
in trade value, growth in in-bound commercial traffic, and CBP
operational needs in its development of the capital investment
plan.
Within 90 days of the date of enactment of this Act, CBP
shall provide a detailed plan for the completion of the Blue
Water Bridge Plaza expansion project. The plan shall align with
the annual LPOE priority list; describe how CBP will engage
with state and local entities; and specify specific milestones
and a timeline for the project's completion.
Medical Guidance.--CBP is directed to continue complying
with direction in the explanatory statement accompanying the
fiscal year 2021 Act concerning short term detention and
medical care.
Maritime Ports of Entry.--Within the funds provided for
O&S, CBP shall ensure that staffing at new and expanded
maritime POEs is sufficient to meet peak passenger wait time
goals.
Mission Support Contracting.--CBP is directed to apply
advanced analytics and machine learning tools to identify cost
saving opportunities for Enterprise Services contracts.
National Vetting Center Strategic Plan and Investment
Priorities.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide a strategic
plan for the DHS National Vetting Center that is collocated
with the CBP National Targeting Center. The plan shall include
the mission; strategic goals and objectives; and program
metrics, to include metrics that directly address how changes
in funding impact the security and efficiency of the vetting
activities. The plan shall be used to inform management
decisions, including strategic guidance, operational
requirements, budget formulation, annual performance and
reporting, and mission execution. Additionally, the plan shall
address the following:
(1) Privacy and civil rights oversight structure and
protections;
(2) Governance process;
(3) The number of full-time equivalents and full-time
positions, to include vetting support agencies (VSA) and
adjudicating agencies;
(4) Direct and indirect funding, to include VSA's and
adjudicating agencies, for the prior year, current year, budget
year, and across the Future Years Homeland Security Program;
(5) Identification of data sets to be included by fiscal
year and associated costs for implementation; and
(6) Current threat actors, capabilities, VSA's and
adjudicating agencies with the potential growth areas for each,
to include an estimate of the cost of implementation for each
growth area and the required FTE/FTP.
Further, future budget requests for the National Vetting
Center shall include projections that quantify the impact
funding requested is likely to have on the Federal government's
ability to enhance security. The strategic plan shall be
provided in classified and unclassified formats.
Non-Mission Duties.--CBP shall provide the following
information on non-mission duties, not later than 30 days after
the date of enactment of this Act:
(1) the total number of Border Patrol agents or CBP
officers carrying out non-mission duties, broken out by type
detail or adjutant position, location and organization;
(2) the specific funding sources associated with non-
mission duties;
(3) the rationale for CBP personnel to perform non-mission
duties and the duration they are expected to perform those
duties;
(4) a detailed description of all required training for
Border Patrol agents and CBP officers in order to carry out the
non-mission duties; and
(5) the identification of any impacts to CBP's mission due
to agents and officers carrying out non-mission duties.
Northern Border Strategy Implementation Plan.--Within 90
days of the date of enactment of this Act and quarterly
thereafter, CBP shall brief the Committees on the status of the
Northern Border Strategy Implementation Plan, including
progress in achieving the fiscal year 2020 milestones, the
status of the fiscal year 2021 milestones, and detailed
explanations for why any unmet milestones have not yet been
achieved. The fiscal year 2023 and 2024 budget requests shall
detail specific northern border staffing and technology
requirements and request specific funding for implementation of
planned northern border enforcement initiatives identified in
the analysis.
CBP shall provide a notification to the Committees within
15 days of deploying more than 10 percent of staffing in any
sector along the northern border to the southwest border or
other POEs, which shall include the number and location of the
personnel deployed, the duration of the deployment, and when
the personnel are expected to return to their posts.
Northern Border LPOEs.--CBP shall examine ways to increase
awareness and enrollment in the NEXUS program, including
through special enrollment events and the deployment of signage
in collaboration with state transportation agencies. CBP is
directed to consider projected LPOE volume when developing the
5-year plan for port modernization projects.
Office of Professional Responsibility (OPR).--The agreement
provides $74,300,000, as requested, to increase OPR's
investigative capabilities through an increase in criminal
investigators, support staff, and associated facilities. These
funds are made available for two years to appropriately recruit
and pace hiring. OPR is encouraged to prioritize ensuring CBP
can meet hiring targets for agents and officers. Not later than
90 days after the date of enactment of this Act, CBP shall
brief the Committees on a funding execution plan that includes
a detailed hiring strategy, including a geographic breakout,
and the anticipated priority focus areas for such funding.
Office of International Affairs.--In collaboration with the
Department of State, DHS is directed to brief the Committees
within 60 days of the date of enactment of this Act on
recommendations for expanding social and behavior change
communication advertising in El Salvador, Guatemala, and
Honduras on the dangers of irregular migration to the United
States and educating residents of those countries about legal
migration pathways.
Polygraphs.--In lieu of direction in the House Report on
polygraph waivers, CBP shall submit a report to the Committees
on the effectiveness of polygraph tests within 120 days of the
date of enactment of this Act. The report shall include data
comparing CBP's failure rates to those of other federal law
enforcement agencies; a list of admissions elicited during
polygraph tests since CBP implemented a mandatory polygraph
test requirement; and details regarding the total and
annualized number of such admissions and types of admissions.
In addition, CBP shall continue to administer the Law
Enforcement Pre-Employment Test, the standard pre-employment
screening polygraph examination used by multiple federal law
enforcement agencies, to all applicants.
POE Staffing.--CBP is directed to ensure that officers are
appropriately deployed to large hub international airports and
seaports in noncontiguous border states and provide staffing
for new and expanded aviation POEs to meet the demand of
arriving passenger volumes based on data provided by airports
and airlines and incorporated into the Workload Staffing Model.
In addition, CBP is directed to address staffing shortages at
LPOEs that have experienced significant growth in trade volume
and inbound commercial trucks in the last 5 years and to
consider increased staffing at northern border LPOEs to
expedite cross-border tourist and commercial traffic.
Preclearance.--Preclearance fees shall be used in a
targeted, risk-based fashion and for the prioritized expansion
of preclearance operations outlined in the Department's Beyond
the Border Action Plan between the United States and Canada for
land, maritime, rail, and air POEs.
Prevent Abduction Program.--CBP is directed to continue
reporting on the Prevent Abduction Program, as directed in the
explanatory statement accompanying the fiscal year 2021 Act.
Processing Coordinators.--Within 30 days of the date of
enactment of this Act and quarterly thereafter, CBP shall brief
on the status of hiring processing coordinators funded within
this and previous appropriations Acts. The briefing shall also
identify the extent to which how processing coordinator hiring
has improved the average time law enforcement personnel spend
in the field; measures the agency is using to assess the costs
and benefits of this position; and a summary of all required
training and certifications for the coordinator position.
Future funding requests for these coordinators shall be
accompanied with measures clearly detailing the operational
impact of additional investments.
Reimbursable Services Program.--CBP is directed to provide
each port operator with information on baseline service levels
and report to the Committees quarterly on CBP's adherence to
these baseline service levels.
Specialty Units.--Within 180 days of the date of enactment
of this Act, CBP shall report on the unmet resource
requirements of specialty units, including horse units and off-
road vehicle units, within each sector along the U.S.-Mexico
border.
Trade.--The agreement provides an additional $20,000,000
for trade activities. Not later than 30 days after the date of
enactment of this Act, CBP shall provide an obligation plan for
the additional funds.
Within 180 days of the date of enactment of this Act, CBP
shall brief the Committees on recommendations for how
innovative capabilities, including blockchain-based platforms,
could improve the facilitation of trade between the United
States and Central and South American countries, including
potential opportunities for partnership with non-profit and
private partners and with Central and South American customs
agencies.
Trade Remedy Enforcement.--CBP is reminded that House
Report 116-458 required a review of whether duties on importers
of recycled, scrap, and primary aluminum exempt from the
Section 232 tariff are being properly assessed, along with
whether assessed tariffs have been remitted to the government.
While CBP does not have oversight or visibility into the
relationship between importers and their downstream business
partners, CBP is expected to focus its analysis on the
assessment of duties on imports and associated remittances.
Transshipments.--CBP is directed to continue its efforts to
modify targeting criteria and make other improvements in its
ability to identify transshipped products.
Uyghur Forced Labor Prevention Act.--The agreement provides
$27,495,000 for the implementation of the Uyghur Forced Labor
Prevention Act, which was enacted in December 2021. Not later
than 30 days after the date of enactment of this Act, CBP shall
provide an obligation plan for these funds and an
implementation schedule for activities associated with the Act,
to include resource and personnel requirements, over the next
two fiscal years.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Within the total, the bill includes the following increases
above the request: $201,885,000 for border security technology;
$20,000,000 for Border Patrol processing improvements;
$55,000,000 for non-intrusive inspection (NII) systems;
$21,618,000 for one multi-role enforcement aircraft; $8,800,000
for light enforcement helicopters; and $21,200,000 for the
Advanced Training Center (ATC). The bill includes a decrease of
$685,000,000 for funding associated with LPOE that have
previously been funded.
Border Patrol Technology.--The bill provides not less than
the following for USBP technology: $20,000,000 for innovative
technology, of which not more than $5,000,000 may be available
for any single innovative technology project; $4,215,000 for
counter unmanned aircraft systems (UAS); $8,750,000 for small
UAS; $26,000,000 for situational awareness kits; and $5,000,000
for a common operating picture pilot.
The remaining funds shall only be available for cross
border tunnel threats, aerostats, autonomous surveillance,
geospatial capabilities, mobile surveillance, search and rescue
capabilities, and mesh networks. The Commissioner is directed
to prioritize procurement of the most cost-effective
technologies based on lifecycle costs, system availability,
reduced requirements for personnel, and input from sector
leadership.
CBP shall provide a briefing to the Committees on a plan
for the obligation of these funds at least 15 days prior to any
obligation. The plan shall require the direct approval of the
CBP Commissioner and include:
(1) details about the process for prioritizing the use of
funds;
(2) a summary of planned obligations for fiscal year 2022
delineated by technology type;
(3) metrics that will be used to assess the cost
effectiveness of each type of technology for which funds will
be obligated and a plan for collecting the data required for
such metrics; and
(4) for continuing procurements, operational effectiveness
data that supports continued investment, including evidence of
support from sector leadership based on actual use of the
technology.
CBP shall notify the Committees at least 15 days prior to
the obligation of any funds based on a change to the initial
obligation plan.
Border Patrol Technology.--Within 180 days of the date of
enactment of this Act, CBP shall brief the Committees on its
efforts to improve border security technology development and
acquisition based on the analysis required by Public Law 116-
260.
100 Percent Scanning.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the Committees an updated 5-year plan for achieving the
capability to assess 100 percent of commercial and passenger
vehicles and freight rail traffic entering the United States at
land- and seaports of entry using high-throughput scanning
technologies or threat-based alternatives. This plan shall
include the following: an inventory of existing NII equipment
or similar technologies currently in use or scheduled to be
deployed, by location; benchmarks for achieving 100 percent
scanning; benchmarks for the procurement and deployment of
scanning equipment; and cost estimates to achieve 100 percent
scanning or an appropriate alternative, with acquisition
timelines.
Within 120 days of the date of enactment of this Act, CBP
shall provide a briefing on the status of NII coverage in pre-
primary lanes along the southwest border, including an
assessment of how increased pre-primary screening will impact
the number of alarms and secondary inspections and the related
workloads of other federal agencies.
Innovative Technology.--CBP shall brief the Committees
within 90 days of the date of enactment of this Act and
quarterly thereafter on: pilot or demonstration projects that
have transitioned to normal operations over the last three
fiscal years; the impact of such transitions on performance; an
assessment of common indicators for successful and unsuccessful
pilots; and recommendations to incentivize CBP programs to
participate in testing and adopting promising new capabilities.
Revenue Modernization.--Within 120 days of the date of
enactment of this Act, CBP shall provide the Committees an
update on POEs that have transitioned from manual field
collections to automated electronic systems, along with the
cost of such transitions.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The agreement provides $266,740,000 above the request,
which includes the following adjustments: $99,735,000 for
Homeland Security Investigations (HSI); $109,358,000 for
Enforcement and Removal Operations (ERO); and $57,647,000 for
mission support and Office of the Principal Legal Advisor
activities. The agreement also provides net-zero technical
adjustments requested by ICE in technical drafting assistance.
Further, the agreement provides $239,658,000 in Title V for
border management costs, including processing capacity, medical
costs, personnel overtime, and transportation, but does not
include additional funding for detention.
Within the total amount provided, the agreement makes
$46,696,000 available until September 30, 2023, of which
$32,996,000 is for the authorized Title III activities and
$13,700,000 is for the Visa Security Program.
Annual Enforcement and Removal Operations (ERO) and
Homeland Security Investigations (HSI) Reports.--ICE is
directed to continue issuing the annual ICE Fiscal Year ERO and
HSI reports, by no later than the December following the end of
the fiscal year, and to include at minimum the categories of
data included in the fiscal year 2020 reports, to the extent
that such categories of data have not been amended by
subsequent policy decisions.
Continuation of Prior-Year Requirements.--ICE shall
continue to follow the directives under the following headings
in the explanatory statement accompanying the fiscal year 2021
Act (Public Law 116-260), according to the previously directed
timeframes, reporting requirements, required sustainment, and
guidance:
(1) Detention Standards;
(2) Reporting Requirements;
(3) Healthcare Costs for Immigrants in Detention;
(4) Law Enforcement Support Center;
(5) Sex Offender Release Notifications;
(6) Kiosks for Non-Detained Appearances;
(7) Detention Facility Inspections;
(8) HERO Child-Rescue Corp Program;
(9) Child Exploitation Investigations Unit;
(10) Counter-Proliferation Investigations Center;
(11) International Megan's Law;
(12) Opioid Investigations;
(13) Access to Due Process;
(14) Immigration Enforcement at Sensitive Locations;
(15) Forced Child Labor;
(16) Intellectual Property Rights Enforcement;
(17) Records Management;
(18) Tactical Intelligence Center; and
(19) Human Rights Violators.
Facilities Backlog and Use.--ICE is directed to brief,
within 60 days of the date of enactment of this Act, on its
plan for completing facility condition assessments, as well as
quarterly update briefings to the plan. Further, ICE is
directed to incorporate facility condition assessments into its
outyear requests, including its Congressional Budget
Justifications, for deferred maintenance funding. Within 60
days of the date of enactment of this Act, ICE is directed to
provide an operational and resourcing plan briefing for the
future of its facilities which shall demonstrate how it has
incorporated its facility condition assessments into its
outyear requests, including Congressional Budget
Justifications, for deferred maintenance funding.
GAO Review of ICE Financial Management.--GAO is directed to
report to the Committees on the results of a comprehensive
audit and review of ICE's financial management practices,
including outyear planning; current year financial planning
that ensures compliance with congressional funding levels; and
oversight of the execution of funds. GAO shall consult with the
Committees regularly throughout the audit.
Further, given the ongoing challenges surrounding financial
and budgetary management across ICE, the agreement does not set
forth a mandate on the placement of the Office of the Chief
Financial Officer (OCFO) but rather directs GAO to review the
OCFO's placement within ICE's organization structure, as well
as the responsibilities and qualifications required of ICE's
Chief Financial Officer.
The agreement directs the Comptroller General to brief the
Committees on its preliminary findings not later than 180 days
after the enactment of this Act and to provide a full report to
the same Committees at a date agreed upon at the time of the
preliminary briefing.
Immigration Data.--ICE is directed to continue to collect
data on enforcement activities both along the borders and in
the interior of the United States for the purposes of improving
operational transparency and resource allocation decisions.
Monthly Budget and Staffing Briefings.--In addition to the
requirement set forth in section 102 of this Act, ICE shall
provide the Committees monthly budget and staffing briefings
beginning not later than 30 days after the date of enactment of
this Act. The briefings shall include any source of funding
available to ICE for obligation; align projected and executed
budgetary obligations and on-board staffing data to program
areas within each PPA; and shall delineate pay from non-pay
obligations. Prior to the first briefing, ICE shall provide the
Committees a proposed list of program areas to be tracked
within each PPA, which shall at a minimum include all
congressional priorities referenced in this Act and those of
the last three fiscal years, including the accompanying
explanatory statements for each Act.
The first briefing shall include:
(1) planned monthly obligations and staffing onboard
projections for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan;
(2) a consultation with the Committees on a plan and format
for future monthly briefings;
(3) a description of how any limitations that ICE's
existing financial and staffing systems of record present
challenges in complying with requirements under this heading,
such as the monitoring of obligations and onboard staff at the
program level; and
(4) ICE's plan to address the limitations described in (3),
including resource requirements to do so.
Obtaining Information From, or Records of, Members of the
News Media.--ICE shall develop a policy that elevates decisions
about whether to issue subpoenas to members of the news media,
to the most appropriate senior ICE official, such as the ICE
Director. Further, ICE shall ensure that the appropriate
personnel are aware of such policy through the appropriate
training as ICE determines. Within 90 days of the date of
enactment of this Act, ICE shall provide a copy of the policy
to the Committees and brief on its contents and the associated
training, or the plan to carry out the necessary training as
ICE determines.
Workload Staffing Model.--Not later than 90 days after the
date of enactment of this Act, ICE shall brief the Committees
on its Workload Staffing Model, to include how it supports the
formulation of budget requests and is used in the development
and implementation of ICE's Operational Plan, specifically the
hiring aspect.
HOMELAND SECURITY INVESTIGATIONS
Enhancing and Modernizing HSI's Capabilities.--The
agreement provides a total increase of $99,735,000 above the
request, including:
(1) $35,235,000 to restore proposed reductions intended to
achieve undefined efficiencies;
(2) $10,000,000 to begin increasing HSI's investigative
capacity to respond to projected increases in workload
associated with the planned expansion of CBP's non-intrusive
inspection detection technology (NII) along the southwest
border;
(3) $2,200,000 to expand and enhance HSI's undercover
activities, to include modernizing its certified undercover
financial processes, systems, and other requirements;
(4) $8,600,000 to accelerate development of capabilities
for the Repository for Analytics in a Virtualized Environment
(RAVEn), which serves as HSI's curation point for data
analytics and tools that improve and streamline investigative
processes and capabilities;
(5) $2,000,000 for the Center for Countering Human
Trafficking;
(6) $6,000,000 to increase data analysis staffing to
support each Special Agent in Charge office's area of
responsibility;
(7) $8,400,000 to increase HSI's cyber investigations,
including the enhancement of covert computer networks, Dark Web
platforms, undercover platforms, and the Network Intrusion
Program;
(8) $16,300,000 to develop a cyber threat platform, update
hardware and software for computer forensics, and provide
targeted child exploitation investigations training;
(9) $6,500,000 to fund the training, equipment, travel,
software, and analysts necessary to address the increase in
child exploitation leads and investigations and increased
victim assistance requirements, for a total amount of not less
than $27,500,000 for Child Exploitation Investigation
activities; and
(10) $4,500,000 for the training, equipping, and hiring of
Human Exploitation Rescue Operative (HERO) Child-Rescue Corps
program graduates.
Human Rights Violators.--ICE is directed to continue its
efforts to investigate, remove, and prosecute individuals who
have committed human rights abuses, including persecution,
genocide, severe violations of religious freedom, torture,
extrajudicial killing, use or recruitment of child soldiers,
crimes against humanity, or war crimes. For this purpose, the
agreement provides not less than $5,300,000 for the Office of
the Principal Legal Advisor Human Rights Law Section and the
HSI Human Rights Violators and War Crimes Unit for their
training, transportation, and other related activities. ICE
shall report to the Committees within 180 days of the date of
enactment of this Act on the following:
(1) the total number of prosecutions and investigations of
human rights offenses and other offenses committed and their
outcomes, delineated by serious human rights violators within
each of the last five fiscal years;
(2) the efforts of ICE to increase the number of human
rights investigations and prosecutions; and
(3) any organizational, resource, or legal impediment to
investigating and prosecuting more human rights violators,
including whether the amount provided in this agreement is
sufficient to support the Unit.
Wildlife Trafficking.--ICE shall continue its work in
partnership with the U.S. Fish and Wildlife Service and CBP to
improve cooperative efforts to better address wildlife
trafficking. Further, ICE is directed to continue to produce
the report identified in Public Law 116--125. The report shall
include options for making this information available in a
routine and public manner annually. Within 90 days of the date
of enactment of this Act, ICE shall brief the Committees on
budgetary and staffing resource needs for ICE's wildlife
trafficking investigative work. The briefing shall also include
historical funding levels and case hours dedicated to this
effort covering fiscal years 2019 through 2021.
ENFORCEMENT AND REMOVAL OPERATIONS
The agreement provides the following increases above the
request for ERO:
(1) $77,985,000 to restore a proposed reduction for single
adult detention capacity;
(2) $28,373,000 to restore proposed reductions intended to
achieve undefined efficiencies; and
(3) $3,000,000 to fund an independent verification and
validation of ICE's current juvenile Age-Out Review Worksheet.
287(g) Program.--ICE is directed to publish applications
for new or renewed 287(g) agreements on its website at least
eight weeks prior to entering into any such agreement. In
addition, ICE shall ensure thorough vetting of 287(g)
applicants to minimize detention conditions that do not fully
comply with Performance-Based National Detention Standards and
Prison Rape Elimination Act standards.
ICE, OIG, and CRCL are directed to provide rigorous
oversight of the 287(g) program, and ICE is directed to notify
the Committees 15 days prior to implementing any changes to the
program, including any changes to training requirements, data
collection, selection criteria, or the jurisdictions with which
ICE has agreements, including both entering into new contracts
or the termination of existing contracts. ICE is also directed
to report to the Committees on the effectiveness and accuracy
of prior efforts to publicly disclose personally identifiable
information about noncitizens encountered through the 287(g)
program within 60 days of the date of enactment of this Act.
If the Office for Civil Rights and Civil Liberties (CRCL)
or ICE's Office of Professional Responsibility (OPR) determines
that a participating 287(g) jurisdiction has a pattern or
practice of civil rights or liberties violations of individuals
who were subsequently the subject of immigration enforcement
activity delegated under the 287(g) authority, the Secretary
shall require CRCL to conduct a review of the use of this
program in that jurisdiction which shall include
recommendations regarding ICE's furtherance of any such
agreement with that jurisdiction. Not later than 120 days after
the date of enactment of this Act, and quarterly thereafter,
CRCL and OPR shall brief the Committees on any such
determinations, reviews, and recommendations, as well as the
status of any previous activity.
Addressing Prior Removals Committed in Error.--ICE, USCIS,
and other DHS agencies shall leverage all mechanisms provided
by current law to facilitate the return to the United States of
those whose removal was contrary to law, whose removal order
has since been overturned or reopened by judicial order, where
the return of an individual would correct an error or assist in
an ongoing criminal or any other federal, state, tribal, or
territorial investigation. Such mechanisms should include the
use of parole, the support of a respondent's motion to reopen,
and stipulation to relief from removal. Efforts shall be taken
to ensure that the individual is restored to prior lawful
status, to the greatest extent possible, or the ability to
adjust to lawful status. Not later than 60 days after the date
of enactment of this Act, ICE shall brief the Committee on its
efforts to comply with these directives.
Alternatives to Detention (ATD) and Case Management
Services (CMS).--The agreement provides an increase of
$2,186,000 above the request, for a total of $442,662,000 for
the ATD PPA to fund increases in: enrollments into the ATD
program; case management services and participation;
transportation and information technology costs for ICE
personnel travelling to shelters in support of remote
processing and enrollments; and other incidental costs
associated with operations at shelters.
ICE shall continue to brief the Committees on any ATD
contracts it awards under this program, including contracts
involving the Know Your Rights program for new participants.
Within 60 days of the date of enactment of this Act, ICE shall
begin providing a monthly briefing on the number of noncitizens
participating in the ATD program, by technology type, cost by
technology type, as well as the number of participants who
attend a portion of or all of their immigration court hearings.
ICE shall also continue to publish annually the following
policies and data relating to ATD:
(1) guidance for referral, placement, escalation, and de-
escalation decisions;
(2) enrollment by Field Office;
(3) information on the length of enrollment broken down by
type of ATD; and
(4) a breakdown of enrollment by type and point of
apprehension.
ATD Referrals.--ICE shall consider enrollment referrals
from NGOs and community partners that are actively implementing
ICE's ATD programs that utilize case management. ICE shall
establish, with the consultation of relevant NGO and local
community partners, at ICE's discretion, criteria for such
referrals, guidelines for submission, and criteria for how ICE
will consider any such referrals for enrollment in ATD
programs. ICE shall submit a report to the Committees on
progress regarding these guidelines within 60 days of the date
of enactment of this Act and quarterly thereafter until the
guidelines are finalized. ICE shall submit an annual report on
the number of NGO referrals that are submitted and the number
of such referrals accepted into ATD programs that utilize case
management programs.
Custody Operations.--The agreement sustains fiscal year
2021 detention capacity levels. Within 90 days of the date of
enactment of this Act, ICE shall brief the Committees on a
projected cost to secure an Independent Verification and
Validation (IV&V) of a detention capacity funding requirements
model to be used for resource planning for the current year,
budget year, and out-years. Among the elements of the model to
be reviewed, such IV&V shall include: the accuracy of projected
average daily population levels and utilization rates of funded
detention capacity; whether the model clearly accounts for
policy and environmental changes; and whether the model is
informed by projected border encounters.
ICE shall also continue the policy of fully reimbursing the
costs and expenses associated with agreements entered into with
other entities, including Federal and State agencies, and
contractors or non-governmental organizations (NGOs) that work
with ICE.
Detention and Solitary Confinement of Vulnerable/Special
Populations.--Within 15 days of the date of enactment of this
Act and quarterly thereafter, ICE shall report on a publicly
available website the number of individuals in vulnerable or
special populations in its physical custody for the preceding
quarter. At a minimum, the report shall include:
(1) a definition for vulnerable and special populations;
(2) the number of consecutive and cumulative days such
individuals were in detention or involuntary segregation,
through isolation, solitary confinement, or protective custody;
(3) the basis for any use of involuntary segregation; and
(4) the process for and frequency of re-evaluating custody
decisions.
Within 90 days of the date of enactment of this Act, ICE
shall brief the Committees on the state of compliance with the
principles and standards of all ICE guidance related to
vulnerable populations, along with any necessary actions needed
to remediate deficiencies. The briefing should address the
number of facilities that are in compliance with such guidance;
their location; the number of available beds for vulnerable or
special populations; whether those beds are in a form of
involuntary segregation; and whether such facilities need
additional resources to ensure the health and safety of such
persons in their care and custody.
Electronic Nationality Verification (ENV) Program.--ICE is
directed to make any ENV agreements between the United States
and other countries as publicly available as possible, and at a
minimum, shall publicly disclose which countries have
agreements in place under the ENV program, or any successor or
related program. In addition to the above disclosures, within
90 days of the date of enactment of this Act, and annually
thereafter, ICE shall ensure that basic information about the
ENV program is publicly available, including:
(1) the number of persons removed through the ENV process
in a fiscal year;
(2) whether such persons were encountered in the interior
or at or near the southern border; the age, nationality and
gender of the individuals removed, including whether they were
a part of a family unit; and
(3) the time spent in the physical custody of the Federal
Government pursuant to the ENV program.
Humanitarian Visas.--ICE is directed to brief the
Committees, not later than 30 days after the date of enactment
of this Act, on its detention and removal policies and
guidelines for individuals with a demonstrated bona fide or
prima facie eligibility for a T-Visa (victim of trafficking), a
U-Visa (victim of crime), or for protection under the Violence
Against Women Act (VAWA).
ICE Removal and Detention of U.S. Citizens.--ICE is
directed to provide a semi-annual report to the Committees
detailing the number of individuals, by field office, who are
detained by ICE for removal from the United States but are
subsequently determined to be U.S. citizens, along with the
average and median lengths of stay in detention for such
individuals. The report should also describe ICE's process for
adjudicating claims of U.S. citizenship by individuals it
arrests for removal from the United States; major impediments
to more quickly resolving such claims; and ICE's efforts to
mitigate those impediments. The first report is due within 90
days of the date of enactment of this Act and shall include
semiannual data for fiscal years 2019, 2020, 2021, and the
first half of 2022.
PPA Structure.--ICE shall submit, either as a part of the
President's budget request for fiscal year 2023 or as
supplemental briefing not later than 30 days after the date of
submission of such request, an assessment of the accurateness
and appropriateness of its current PPA structure and shall
include a recommendation to address any confusion, gaps, or
overlaps, and to ensure it accurately reflects the full set of
responsibilities and authorities explicitly and implicitly
required by law.
Pregnant, Postpartum, and Lactating Women.--ICE is directed
to provide semiannual reports on the total number of pregnant,
postpartum, and lactating women in ICE custody, including
detailed justification of the circumstances warranting each
such detainee's continued detention and the length of
detention. These anonymized reports shall be made publicly
available on the ICE website.
Reporting on Criminality and Enforcement Priorities.--ICE
shall provide monthly briefings on detention and removal
actions by category delineated in the guidance memorandum,
``Guidelines for the Enforcement of Civil Immigration Law'',
dated September 30, 2021, or any subsequent policy that
modifies or replaces it. Both data sets shall differentiate
individuals detained or removed as a result of interior
enforcement efforts versus those from CBP border security
operations.
Training.--ICE shall continue to provide its officers with
guidance and training for engaging with victims and witnesses
of crime and to strengthen policy guidance on enforcement
actions in or near sensitive locations, including courthouses,
in order to minimize any effect that immigration enforcement
may have on the willingness and ability of victims and
witnesses to pursue justice. ICE shall also continue to provide
a report to the Committees on steps taken to minimize the
effect immigration enforcement activity has on victims and
witnesses of crime not later than 180 days after the date of
enactment of this Act. ICE shall also continue to provide
monthly notifications to the Committees on enforcement actions
that take place in or near sensitive locations, including
courthouses, and placements for unaccompanied children.
Transportation.--The Transportation and Removal Program
provides the safe and secure transportation of noncitizens who
are subject to final orders of removal or require transfer
within the United States, which may ultimately include
transportation to the noncitizen's final destination if ICE
determines in its discretion that such transportation is
necessary.
Unaccompanied Children Transferred from ORR.--Not later
than 30 days after the date of enactment of this Act and
quarterly thereafter, ICE shall brief the Committees on its
compliance with Garcia Ramirez, Et Al. v. ICE, Et Al. (No. CV
18-508 (RC)). At a minimum, the briefing shall include a review
of how ICE has complied with the statutory obligation in
Section 1232(c)(2)(B) of title 8, United States Code, requiring
ICE to first consider placing the minor in the least
restricting setting available, efforts to retrain officers,
revise policies with respect to custody determinations for this
population, and document custody decisions as the court and
statute require. ICE shall continue to provide a report to the
Committees with the number of UC who turned 18 in ORR custody
and were then transferred to ICE detention, including a
breakdown by ICE area of responsibility and the UC's most
recent type of ORR placement, the reason for detention, and
whether ORR provided a post-18 plan, within 30 days and monthly
thereafter.
Validation of Age-Out Review Worksheet for Minors.--Within
180 days of the date of enactment of this Act, ICE shall ensure
that an independent third party conducts an Independent
Verification and Validation (IV&V) review on the Age-Out Review
Worksheet that informs custody and release decision-making for
youth. ICE shall brief the Committees on the results and
recommendations from that review.
Mission Support
The agreement provides $10,000,000 above the request to
restore proposed reductions intended to achieve undefined
efficiencies and $1,215,000 above the request to realign
funding from the Office of the Principal Legal Advisor PPA to
reflect the use of those funds more accurately.
The agreement breaks out Mission Support PPA funding into
three new sub-PPAs: Enterprise Services; Office of Professional
Responsibility; and Executive Leadership and Oversight; this
approach is consistent with the Mission Support PPA structure
for CBP. The Executive Leadership and Oversight PPA includes
funding for the following offices: the Director, including the
Deputy Director and the Chief of Staff; the Executive
Secretary; Congressional Relations; Diversity and Civil Rights;
Firearms and Tactical Programs; Partnership and Engagement;
Regulatory Affairs and Policy; and Public Affairs.
Body Worn Cameras.--The agreement provides $8,485,000 above
the request for the Office of the Chief Information Officer, in
collaboration with other agency stakeholders, to accelerate the
pilot program and to ensure the pilot is appropriately scoped.
Data Modernization Roadmap.--The agreement provides
$6,000,000 above the request to the Office of the Chief
Information Officer to improve the use of data to better inform
ICE's planning, budgeting, and operations.
Fleet.--The agreement provides $25,000,000 above the
request for the ICE fleet replacement program to improve the
safety of ICE officers and agents.
Office of Detention Oversight (ODO).--The agreement
provides $2,500,000 above the request to support additional,
unannounced inspections; to review compliance with each
detention standard not less than once every three years at each
facility; to expand ODO's oversight to facilities that detain
individuals for 72-hours or less; and to conduct reviews and
inspections of any special or emerging facilities and programs.
Victims Engagement Services Line.--ICE shall brief the
Committees within 60 days of the date of enactment of this Act
on the Victims Engagement Services Line. This briefing should,
at a minimum, include how ICE has built upon lessons learned
from the Victims of Immigration Crime Engagement (VOICE)
Program, if applicable, and incorporate any such evidence-based
practices developed from the prior VOICE Program, to serve the
needs of crime victims and their families.
Office of the Principal Legal Advisor
The agreement provides $345,661,000 for the Office of the
Principal Legal Advisor, including $5,662,000 above the request
to restore a proposed reduction intended to achieve undefined
efficiencies and $1,215,000 below the request to realign
funding to the Mission Support, Enterprise Services PPA to
reflect the use of those funds more accurately.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $51,700,000, as requested, including
$5,479,000 for a new Technological Operations building at the
Antilles HSI facility in San Juan, Puerto Rico.
Transportation Security Administration
OPERATIONS AND SUPPORT
The agreement includes $3,594,000 below the budget request,
including: $4,000,000 for additional pipeline cybersecurity
activities and $18,650,000 for low probability of false alarm
(Low Pfa) algorithm screening. The agreement does not provide
$22,344,000 as requested for credential authentication
technology (CAT) in Operations and Support as those funds are
provided in Procurement Construction and Improvements. The
agreement does not provide $3,900,000 in Operations and Support
that is included in Procurement Construction and Improvements
as requested by TSA in technical assistance. The agreement also
provides net zero technical adjustments requested by TSA in
technical assistance.
Canine Teams.--TSA shall brief the Committees within 90
days of the date of enactment of this Act on efforts to improve
the effectiveness of these passenger screening canine teams.
Federal Air Marshal Service (FAMS).--TSA is directed to
continue to submit semiannual reports on FAMS mission coverage,
staffing levels, and hiring rates.
International Parental Child Abduction.--The agreement
requires TSA to work with the Office of Children's Issues
within the U.S. Department of State to explore existing TSO
training opportunities to ensure that relevant staff are
trained to recognize the signs of, and prevent international
parental child abduction. TSA shall brief the Committees within
90 days of the date of enactment of this Act on the current
training TSA employees undergo to recognize and prevent
international parental child abduction.
Low Probability of False Alarm (Low Pfa) Algorithm
Screening.--The agreement provides $18,650,000 for Low Pfa.
Within 30 days of the date of enactment of this Act, TSA is
directed to brief the Committees on a plan for spending these
funds.
Passenger Volume Growth.--TSA is directed to include
comprehensive information on passenger volume forecasts in its
future budget requests.
Pipeline Cybersecurity.--The agreement provides an
additional $4,000,000 for pipeline cybersecurity activities.
Within 30 days of the date of enactment of this Act, TSA is
directed to brief the Committees on a plan for spending these
funds.
Real-Time Wait Time.--Within 60 days of the date of
enactment of this Act, TSA is directed to provide a briefing on
the implementation of requirements on real-time security check-
point wait times, as outlined in Section 1922 of the FAA
Reauthorization Act (Public Law 115-254). This briefing shall
detail costs for implementing a pilot program for real-time
security checkpoint wait times at an appropriate sampling of
TSA category airports.
Screening Workforce Pay Strategy.--TSA is directed to
provide the Committees a quarterly report on pay reform efforts
and the subsequent effect on TSO retention levels.
Additionally, TSA shall provide a report to the Committees
within 180 days of the date of enactment of this Act detailing
the number of TSOs hired and corresponding retention levels
since fiscal year 2016, delineated by fiscal year. As part of
this report, TSA shall include a plan for continuous and
sustained human capital investment that also incorporates the
impact of new technologies and equipment that bring more
capabilities to the workforce.
Staffing and Workload Report.--Within 90 days of the date
of enactment of this Act and monthly thereafter, TSA shall
provide to the Committees a report on staffing levels by major
personnel categories along with the travel volumes during the
same time period. The report shall display the following for
each personnel category: onboard and FTE levels at the end of
the previous fiscal year; positions and FTE levels funded
through enacted appropriations for the current fiscal year; and
onboard positions and FTE at the end of the month being
reported. Additionally, the report shall include key TSA
performance measures, such as travel volumes and wait times at
checkpoints, as well as incorporate deployment of new equipment
to identify how changes in personnel and assets impact TSA's
operational capabilities. Within 30 days of enactment of this
Act, TSA shall consult with the Committees on the format and
presentation of the report prior to the first submission.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $26,244,000 above the request,
including $22,344,000 that was requested in Operations and
Support for credential authentication technology (CAT) systems
and $3,900,000 in base O&S funding that is being realigned to
this account.
Credential Authentication Technology (CAT).--Within 90 days
of the date of enactment of this Act, TSA shall provide a
report to the Committees detailing airports at which CAT is
currently deployed, airports at which CAT is not currently
deployed, and a plan for the full procurement and deployment of
CAT systems at all of the Nation's airports.
Open Architecture.--TSA shall brief the Committees with an
update on the development of an established open architecture
framework, including well defined requirements and standards,
within 120 days of the date of enactment of this Act.
Qualified Product List.--The Qualified Product List (QPL)
requirements have the potential to become an impediment to the
timely acquisition of Transportation Security Equipment (TSE).
Within 30 days of the date of enactment, TSA shall brief the
Committees on the scope of products covered by QPL, TSE
technical requirements development, average time to
successfully navigate the process, impacts to competitiveness
and small business opportunities as well as TSE innovation.
Additionally, the briefing should include suggested
recommendations to improve the process, including how to foster
a more timely, agile, and collaborative process for the
testing, development and deployment of security screening
technology.
Quarterly Briefings.--TSA is directed to continue to
provide quarterly briefings on its investment plans for
checkpoint security and Explosives Detection Systems (EDS)
refurbishment, procurement, and installation on an airport-by-
airport basis. The agreement continues the previous directive
for TSA to brief the Committees on its updated timeline and
allocation plan for these funds within 60 days of the date of
enactment of this Act. The briefing shall include a plan for
how TSA will address the remaining balance of reimbursement
claims in future budget requests.
Touchless Screening.--Within 90 days of the date of
enactment of this Act, TSA shall provide a report to the
Committees detailing options to enhance Transportation Security
Equipment capabilities to limit interactions that are not
conducive to a touchless screening environment without
adversely impacting the core security mission.
RESEARCH AND DEVELOPMENT
The agreement provides $35,532,000 as requested.
Innovation Task Force (ITF).--TSA is directed to provide
the Committees a briefing within 90 days of the date of
enactment of this Act on how the funds provided will inform
future TSA budget requests.
Coast Guard
OPERATIONS AND SUPPORT
The agreement provides an increase of $141,350,000 above
the request, including increases of: $20,000,000 for tuition
assistance parity; $7,150,000 for recruiting and supporting a
diverse workforce; $5,500,000 for an accession competitiveness
pilot program; $6,000,000 for cyber compliance upgrades to
training center simulators and trainers; $2,800,000 to
modernize Ready Learning and recapitalize training aids;
$4,000,000 to meet increased demand for the child care subsidy;
$4,000,000 for the Coast Guard's highest priority environmental
remediation projects; $11,900,000 for cyber readiness;
$3,500,000 for the Great Lakes Icebreaking Program Office;
$6,000,000 to continue the Fishing Safety Training Grants and
Fishing Safety Research Grants programs; $550,000 to carry out
a National Academy study on liquefied natural gas; $12,000,000
for MH-60T cutter deployability; $5,000,000 for the National
Coast Guard Museum; $10,000,000 to recapitalize operational
safety and detection equipment; $30,050,000 for operational
command and control and domain awareness; $4,000,000 for
surface short range communications modernization; and
$8,900,000 for Rescue 21 modernization. It includes $70,000
above the request for the Military Personnel PPA and accepts
the requested changes to the other PPAs for the revised station
closure plan.
Department of Defense (DOD) Cybersecurity Requirements.--
The Coast Guard shall brief the Committees within 120 days
after the date of enactment of this Act on its compliance with
DOD information network requirements.
Eradicating Inappropriate Behavior.--Within 90 days of the
date of enactment of this Act, the Coast Guard shall provide a
briefing to the Committees regarding all efforts to reduce and
address harassment and inappropriate behavior within the
Service, including an overview of planned efforts for future
implementation.
Illegal, Unreported, and Unregulated (IUU) Fishing.--The
Coast Guard is directed to submit an international IUU fishing
strategy, as outlined in House Report 117-87. This strategy
should be submitted in unclassified form but may include a
classified annex.
Quality of Life.--The agreement directs the Coast Guard to
provide a briefing within 90 days of the date of enactment of
this Act on a plan to address Quality of Life (QOL) issues
within the Service, including their effects on mission
readiness and retention, and potential QOL projects to address
these issues.
Unfunded Priorities List (UPL).--The Coast Guard is
directed to provide a list of approved but unfunded Coast Guard
priorities and the funding needs for each priority to the
Committees at the time of the fiscal year 2023 budget request
submission.
Procurement, Construction, and Improvements
The agreement provides an increase of $391,000,000 above
the request, including the following: $130,000,000 for the
construction of up to two Fast Response Cutters and associated
class-wide activities; $128,000,000 for the HC-130J aircraft
program; $98,000,000 to recapitalize MH-60T aircraft with new
hulls; and two information technology systems on the Coast
Guard's UPL: $20,000,000 for Coast Guard management system
recapitalization and $9,000,000 for Vessel Traffic System and
Command and Control modernization.
The agreement includes a reduction to the request of
$90,000,000 associated with procurement delays for the Polar
Security Cutter (PSC).
The agreement includes a total of $199,650,000 for Major
Construction; Housing; Aids to Navigation; and Survey and
Design. This amount includes making available $7,000,000 in
additional receipts that were deposited into the Fund prior to
fiscal year 2021. It also assumes $4,000,000 derived from the
Coast Guard Housing Fund will be available for Coast Guard
housing projects.
The agreement provides $150,000,000 for Major Acquisition
Systems Infrastructure, including $75,000,000 to support the
Offshore Patrol Cutter (OPC) homeport facility improvements
described on the UPL.
Command and Control, Communications, Computer, Cyber, and
Intelligence (C5I) Systems.--The agreement includes the
resources requested to maintain program management activities
and deliver operational and mission support capabilities for
C5I systems. Fiscal year 2022 funding shall focus on MILSATCOM
recapitalization of shore units, recapitalization of the
Maritime Security Risk Analysis Model application, and
beginning the transition to a network infrastructure that
supports operations in a secure mobile environment.
Domestic Content.--To the maximum extent practicable, the
Coast Guard is directed to utilize components that are
manufactured in the United States when contracting for new
vessels, including: auxiliary equipment, such as pumps for
shipboard services; propulsion equipment including engines,
reduction gears, and propellers; shipboard cranes; and
spreaders for shipboard cranes.
Fleet Mix Analysis.--The Coast Guard shall provide to the
Committees within 180 days of the date of enactment of this
Act, a comprehensive analysis that provides a fleet mix
sufficient to carry out the assigned missions of the Coast
Guard and other emerging mission requirements. The Coast Guard
shall brief the Committees within 60 days of the date of
enactment of this Act on its plans to carry out this
requirement.
Full-Funding Policy.--The Coast Guard shall be exempted
from the current acquisition policy that requires the Coast
Guard to attain the total acquisition cost for a vessel,
including long lead time materials (LLTM), production costs,
and postproduction costs, before a production contract can be
awarded, consistent with congressional direction in prior
years.
National Security Cutter (NSC) Program.--The agreement
provides $99,000,000, which is $21,000,000 above the request,
for the NSC program. This funding will support Post Delivery
Activities to missionize and operationalize NSCs 10 and 11. The
$21,000,000 is funded in the bill as a rescission and re-
appropriation of prior-year funds. The agreement does not
include the proposed rescission of $65,000,000 appropriated in
fiscal year 2020.
Offshore Patrol Cutter (OPC).--The agreement includes the
requested amount of $597,000,000 for the construction of the
fourth OPC and LLTM for the fifth OPC.
Polar Security Cutter (PSC).--The agreement includes
$80,000,000 for PSC activities, including $30,000,000 for a
portion of the requested LLTM for a third PSC and $50,000,000
for PSC program management activities.
Quarterly Acquisition Briefing.--The Coast Guard shall
continue to brief the Committees quarterly on all major
acquisitions. In particular, the Committees remain concerned
about the cost and schedule of the OPC and PSC programs and the
briefing should include additional detailed information on the
progress of these programs. In addition, the Coast Guard shall
brief the Committees at least one week prior to taking
procurement actions significantly impacting costs associated
with the OPC or the PSC.
United States Secret Service
OPERATIONS AND SUPPORT
The agreement includes the following: $17,000,000 for
increased travel expenses; $6,000,000 for overtime pay;
$5,770,000 to continue and expand training in computer
forensics by the National Computer Forensics Institute (NCFI);
$4,001,000 for permanent change of station; $2,500,000 for
payroll; $2,400,000 for Zero Trust Architecture; $1,500,000 for
Internet Protocol version 6 Transition; and $800,000 for
international operations.
Within the total amount provided, the bill makes
$53,321,000 available until September 30, 2023, including
$1,000,000 for an updated study of the White House Training
Facility; $1,700,000 for international operations; $12,880,000
for the James J. Rowley Training Center; $15,241,000 for
Operational Mission Support; $18,000,000 for protective travel;
and $4,500,000 for National Special Security Events (NSSE).
NSSE Designation Process.--USSS is directed to provide a
report to the Committees, not later than 180 days after the
date of enactment of this Act, which provides the full process
for NSSE designation, including how formally or informally
events are recommended for designation, pre, during, and post-
event preparations and planning, and shall include a
recommendation as to whether the NSSE designations process
should be updated to facilitate additional avenues of formal
NSSE designation.
Next Generation Presidential Limousine.--The agreement
directs USSS to provide the Committees with annual updates
within 30 days of the budget request on the contract progress
for the Next Generation Presidential Limousine acquisition and
to detail progress toward agreed upon delivery milestones. This
briefing shall include an update on currently fielded end-of-
life platforms and prospective platforms that better take
advantage of advances in automotive technology and new security
architectures, as well as any lessons learned that can be
incorporated into the Fully-Armored Vehicle program.
Purchased and Leased Vehicles.--The agreement incorporates
the recommended legislative change to the bill by striking the
text ``for replacement only''. The agreement directs USSS to
suggest updated legislative language for the fiscal year 2023
budget submission that accurately captures the purchased and
leased vehicle fleet programs.
Presidential Campaigns and NSSE.--The agreement directs
USSS to provide semiannual briefings to the Committees on the
use of these funds, with the first briefing to occur not later
than 180 days after the date of enactment of this Act.
Report on Open Source Threats to USSS Protectees Prior to
January 6th.--Within 90 days of the date of enactment of this
Act, USSS shall submit a report to the Committees that examines
the efforts to identify open source threats against any
protectees in the lead up to the events of January 6, 2021. The
report shall include an evaluation of the lessons learned in
light of the attack on the U.S. Capitol, summarize all open
source and classified Intelligence Community sourced threats
towards any protectee, include specific details identifying
when USSS discovered such open-source threats against any
protectee, and provide USSS response to such threats, including
whether the protectee, or any other member of the Executive
Branch, was made aware of such threats prior to January 6,
2021. The report shall clearly delineate the timeline for each
item above. The report shall also provide detailed
recommendations for any resource needs identified for the Open
Source Branch and provide a detailed justification for such
requests.
Cyber Fraud Task Forces.--Not later than 120 days after the
date of enactment of this Act, the agreement directs USSS to
provide a briefing on the efforts of its Cyber Fraud Task
Forces, including the current state of the program and any
future needs to ensure these task forces are keeping up with
evolving cyberthreats.
First Amendment Training.--Within 90 days of the date of
enactment of this Act, USSS shall provide a briefing to the
Committees on any current First Amendment training personnel
currently receive, whether such training has substantially
changed over the course of the last five years, and the current
status of any such Civil Disobedience Units, including
personnel and other capabilities.
NCFI.--The agreement provides $5,700,000 above the budget
request for accreditation and workforce professionalization.
NCFI shall design and develop a cluster of courses focused on
incident response and network security. Of the total amount
provided, $1,500,000 is included for a pilot program to
maximize and evaluate effective instruction at NCFI. The
agreement directs USSS to provide a report not later than 180
days after the date of enactment of this Act on the use of
those funds to meet previously unmet needs, including any
additional efficiencies achieved in preparing for and assessing
the training of students.
Strategic Human Capital Plan.--The agreement directs USSS,
in coordination with the Department's Chief Human Capital
Officer, to ensure the annual evaluation of the 5-year plan in
order to meet all benchmarks and goals as identified. This
briefing shall be updated annually within 60 days of the
submission of the President's annual budget request.
TITLE II--ADMINISTRATIVE PROVISIONS
Section 201. The agreement continues a provision regarding
overtime compensation.
Section 202. The agreement continues a provision allowing
CBP to sustain or increase operations in Puerto Rico and the
U.S. Virgin Islands with appropriated funds.
Section 203. The agreement continues a provision regarding
the availability of passenger fees collected from certain
countries.
Section 204. The agreement continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The agreement continues a provision regarding
the importation of prescription drugs from Canada.
Section 206. The agreement continues a provision regarding
the waiver of certain navigation and vessel-inspection laws.
Section 207. The agreement continues a provision preventing
the establishment of new border crossing fees at LPOEs.
Section 208. The agreement continues a provision requiring
the Secretary to submit an expenditure plan for funds made
available under ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
Section 209. The agreement continues and modifies a
provision providing amounts for certain activities within the
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' appropriation.
Section 210. The agreement continues a provision
prohibiting the construction of border security barriers in
specified areas.
Section 211. The agreement continues a provision on vetting
operations at existing locations.
Section 212. The agreement includes a provision that amends
the Homeland Security Act concerning rescue beacons.
Section 213. The agreement includes a provision that
provides additional funding for Border Patrol hiring.
Section 214. The agreement continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to continue a delegation of authority under the 287(g) program
if the terms of an agreement governing such delegation have
been materially violated.
Section 215. The agreement continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to contract with a facility for detention services if the
facility receives less than ``adequate'' ratings in two
consecutive performance evaluations and requires that such
evaluations be conducted by the ICE Office of Professional
Responsibility.
Section 216. The agreement continues a provision allowing
the Secretary to reprogram funds within and transfer funds to
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to ensure the detention of noncitizens prioritized
for removal.
Section 217. The agreement continues a provision that
requires ICE to provide statistics about its detention
population.
Section 218. By reference, the agreement continues
provisions related to information sharing and on reporting
under the 287(g) program.
Section 219. The agreement continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 220. The agreement continues a provision directing
TSA to deploy explosives detection systems based on risk and
other factors.
Section 221. The agreement continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosives
detection systems or for other purposes authorized by law.
Section 222. The agreement continues a provision requiring
TSA to provide a report that includes the Capital Investment
Plan, the five-year technology investment plan, and information
on Advanced Integrated Passenger Screening Technologies.
Section 223. The agreement continues a provision
prohibiting funds made available by this Act under the heading
``Coast Guard--Operations and Support'' for recreational vessel
expenses, except to the extent fees are collected from owners
of yachts and credited to this appropriation.
Section 224. The agreement continues and modifies a
provision under the heading ``Coast Guard--Operations and
Support'' allowing up to $10,000,000 to be reprogrammed to or
from Military Personnel and between the Field Operations
funding subcategories.
Section 225. The agreement continues a provision requiring
the Commandant of the Coast Guard to submit a future-years
capital investment plan.
Section 226. The agreement modifies a provision related to
the reallocation of funds for certain overseas activities.
Section 227. The agreement continues a provision
prohibiting funds to reduce the staff or mission at the Coast
Guard's legacy Operations Systems Center.
Section 228. The agreement continues a provision
prohibiting the use of funds to conduct a competition for
activities related to the Coast Guard National Vessel
Documentation Center.
Section 229. The agreement continues a provision allowing
the use of funds to alter, but not reduce, operations within
the Civil Engineering program of the Coast Guard.
Section 230. The agreement continues a provision allowing
for use of the Coast Guard Housing Fund.
Section 231. The agreement includes a new provision related
to towing vessel fees.
Section 232. The agreement includes a new provision
providing additional funding to ``Coast Guard--Procurement,
Construction, and Improvements'' for a grant for the National
Coast Guard Museum.
Section 233. The agreement continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 234. The agreement continues a provision
prohibiting the use of funds by the Secret Service to protect
the head of a federal agency other than the Secretary of
Homeland Security, except when the Director has entered into a
reimbursable agreement for such protection services.
Section 235. The agreement continues a provision allowing
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 236. The agreement continues a provision allowing
funds made available within ``United States Secret Service--
Operations and Support'' to be available for travel of
employees on protective missions without regard to the
limitations on such expenditures.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity And Infrastructure Security Agency
OPERATIONS AND SUPPORT
The agreement includes a net increase of $301,007,000 above
the budget request. This includes net increases above the
request of $156,375,000 for Cybersecurity; $27,637,000 for
Infrastructure Security; $21,600,000 for Emergency
Communications; $17,100,000 for Integrated Operations;
$42,200,000 for Risk Management Operations; $18,968,000 for
Stakeholder Engagement and Requirements; and $17,127,000 for
Mission Support, which are described in more detail below. The
agreement also provides net-zero technical adjustments
requested by CISA in technical assistance.
Of the total amount provided for this account, $36,293,000
is available until September 30, 2023, for the National
Infrastructure Simulation Analysis Center.
Cyber Response and Recovery Fund (CRRF).--The
Infrastructure Investment and Jobs Act, 2021 (IIJA), (Public
Law 117-58) appropriated $100,000,000 for the CRRF, of which
$20,000,000 is available for fiscal year 2022, the same as the
amount requested in the President's fiscal year 2022 budget
request. Accordingly, the agreement does not provide additional
funding to CRRF. Further, the briefing required in House Report
117-87 has already been provided and is therefore no longer
required. The agreement directs CISA to provide a plan for the
CRRF within 180 days of the date of enactment of this Act. The
plan shall include: how CISA will determine--using clear
metrics--when CRRF support will be provided by taking into
consideration private sector post-incident resources, and if
such support will be reimbursable, non-reimbursable, cost-
sharing, or provided as a grant; what steps recipients of CRRF
support are required to take for known prevention measures to
qualify; what incentives, if any, will be provided to encourage
recipients to take such steps; and CISA's ability to
quantitatively identify a private sector recipient's ability to
repay such assistance before offering such support. Further,
the plan shall include a projection of future years' costs and
a discussion of the categorization of any future funding for
the Fund (e.g., defense, non-defense, disaster, emergency).
Quarterly Budget and Staffing Briefings.--In addition to
the requirement set forth in section 102 of this Act, CISA
shall provide the Committees quarterly budget and staffing
briefings beginning not later than 45 days after the date of
enactment of this Act and not later than 30 days after the
close of each quarter thereafter. The briefings shall include
any source of funding available to CISA for obligation; shall
align projected and executed budgetary obligations and on-board
staffing data to program areas within each PPA; shall delineate
pay from non-pay obligations; and shall include a transmission
of the data and information in a downloadable, searchable, and
sortable spreadsheet format for the Committees' analysis.
The first briefing shall include:
(1) planned monthly obligations and staffing onboard
projections for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan;
(2) a consultation with the Committees on a plan and format
for future quarterly briefings;
(3) a description of any limitations that CISA's financial
and staffing systems of record present towards complying with
requirements under this heading, such as the monitoring of
obligations and onboard staff at the program level; and
(4) CISA's plans to address the limitations described in
(3).
Prior to the first briefing, CISA shall provide the
Committees a proposed list of program areas to be tracked
within each PPA, which shall include at a minimum any program
for which enhancements are funded that were requested in the
President's budget request and any congressional priorities
referenced in this statement.
Cybersecurity
Capabilities to Nullify Cyber Attacks.--Not later than 180
days after the date of enactment of this Act, CISA shall engage
with private sector providers, universities, and Department of
Defense entities to identify existing software solutions for
nullifying cybersecurity attacks before they have the
opportunity to infect systems and cause damage. Not later than
210 days after the date of enactment of this Act, CISA shall
brief the Committees on the results of these engagements and
the feasibility of using such programs to support CISA
missions.
Cyber Threat Intelligence Shared Service Offering.--The
agreement provides $2,500,000 above the request to create a new
shared cyber threat intelligence service offering through
CISA's Cybersecurity Shared Services Office (CSSO) to ensure
efficient and effective use of cyber threat intelligence
resources across the Federal Civilian Executive Branch (FCEB).
Within 180 days of the date of enactment of this Act, CISA
shall brief the Committees on a strategy to develop and execute
a cyber threat intelligence shared service offering for FCEB
Agencies.
Cybersecurity Education.--The agreement provides
$11,800,000 above the request to enhance cybersecurity
education, training, and other related programs to address the
national shortfall of cybersecurity professionals, including
activities funded through the use of grants or cooperative
agreements. Of the increase provided, $5,000,000 is to expand
the Federal Cyber Reskilling Academy and other related cyber
training initiatives, and $6,800,000 is for the Cybersecurity
Education and Training Assistance Program. CISA shall provide a
briefing to the Committees within 120 days of the date of
enactment of this Act, on its interagency efforts with OMB, the
Office of the National Cyber Director (ONCD), and other
relevant agencies to determine the best Federal agency or
department to champion and support individual cybersecurity
training and future growth of education programs. The briefing
shall also outline CISA's approach for addressing those
requirements in future budget requests or potential legislative
proposals.
Cybersecurity Shared Services Office (CSSO).--CISA shall
provide a briefing to the Committees within 120 days of the
date of enactment of this Act on how the current CSSO's
marketplace services, including the Protective DNS Service, the
CISA Vulnerability Disclosure Policy Platform service, the
Security Operations Centers as a Service, and any services in
development such as mobile security services and cyber threat
intelligence services, address the most critical risks to the
FCEB networks. CISA is further directed to explore and provide
analysis on leveraging these CISA cybersecurity shared services
to expand the monitoring for exfiltration of FCEB networks to
known command and control nodes and to update the Committees on
postures and exposures on an ongoing basis. Within the
briefing, CISA shall also propose options to enable advanced,
contextual tipping and queuing under CISA's cybersecurity
shared service offerings as well as deliver enriched cyber
threat intelligence data for Federal, State, and commercial
partners.
CyberSentry.--The agreement provides $95,549,000 above the
request for CyberSentry and other efforts focused on voluntary
threat detection by critical infrastructure operators through
the placement of sensors at the boundary between operational
technology and information technology systems. Of the total
increase, $13,364,000 is for operations and support to
establish a program management office in support of increasing
CyberSentry operations, and $82,185,000 is for procurement,
construction, and improvements for the planning, operational
development, engineering, infrastructure, and purchase of
critical software and hardware necessary to increase
CyberSentry capability and instantiation of the program.
Specifically, this funding will be used to purchase and deploy
sensors to cover additional critical infrastructure sectors and
develop analytic tools to advance analysis of data collected
across critical infrastructure CyberSentry partners.
Evaluating Federal Cybersecurity Planning and Strategy.--In
order to better determine the federal government's progress
towards defending its networks, systems, information, and
assets from cyber-attacks, not later than 60 days after the
date of enactment of this Act, OMB and CISA shall brief the
Committees on the following:
(1) current Federal Information Security Management Act
(FISMA) Chief Information Officer (CIO) metrics and Federal
department and agency progress in achieving compliance with
FISMA cybersecurity goals and requirements;
(2) specific metrics that have been collected over at least
a two-year timespan to identify trends and determine department
and agency yearly compliance with FISMA;
(3) department and agency utilization of services and
capability-specific investments made by CISA associated with
the Continuous Diagnostics Mitigation and National
Cybersecurity Protection System programs, or any successor
programs, to include budget year and outyear planned capability
deployment schedules and lifecycle management plans;
(4) assessment of how OMB and the National Cyber Director
are ensuring that individual departments and agencies are
prioritizing cybersecurity investments in the President's
annual budget requests; and
(5) the extent to which OMB, departments, and agencies use
FISMA for the budget planning described in paragraph (4) and
whether the federal government requires additional assessment
and planning tools to help defend the FCEB's cyber
infrastructure against evolving and dynamic cybersecurity
threats.
This briefing shall be updated annually within 60 days of
the submission of the President's annual budget request.
Executive Order on Improving the Nation's Cybersecurity.--
The agreement provides $1,850,000 above the request for CISA to
manage the directives lifecycle and fulfill its
responsibilities related to strategic recovery, Executive Order
14028 (Improving the Nation's Cybersecurity), and other
relevant directives and orders.
Federal Network Resilience.--The agreement provides
$65,000,000 above the request for attack surface management and
national vulnerability incident response. Not later than 90
days after the date of enactment of this Act, CISA shall brief
the Committees on its existing attack surface management
capabilities and its plan to enhance the visibility of
department and agency network activity and vulnerabilities with
state-of-the-art technologies, including assessments of both
government-developed technologies and commercially available
solutions.
Implementing Endpoint Threat Detection.--Within 180 days of
the date of enactment of this Act, DHS shall provide a briefing
to the Committees on the Department's response to the
requirement in Executive Order 14028 (Improving the Nation's
Cybersecurity), to implement a centrally located Endpoint
Detection and Response initiative. The briefing shall include:
details on how funding for the program should be sustained over
the coming years; details on how solutions for the requirement
can leverage best-in-class, commercial, off-the-shelf (COTS)
technologies and cloud architectures; and how the EDR
requirement is being integrated with adjacent CISA
cybersecurity functions, such as Threat Hunting, core endpoint
security requirements (e.g., Next Generation Anti-virus), Patch
Management, and Incident Response.
Joint Cyber Defense Collaborative (JCDC).--The agreement
provides $16,153,000 above the request for the JCDC to: hire
personnel; reimburse the cost of personnel detailed to the JCDC
from other federal agencies; fund equipment necessary for
JCDC's planning and operational activities; and support cyber
defense collaboration among federal, SLTT, and private sector
partners through the development of a common operating picture.
In coordination with the Cyber Safety Review Board called for
by Executive Order 14028 (Improving the Nation's
Cybersecurity), the funding is also intended to establish a
robust analytic capability for examining current plans and
prior cyber incidents for lessons learned and best practices
that can inform future cyber defense plans.
Mitigating Malicious Bot Attacks.--Within 120 days of the
date of enactment of this Act, CISA shall brief the Committees
on the extent to which there have been distributed denial of
service (DDoS) attacks, including those that may use bots. The
brief shall propose guidance-aligned options and estimated
resources required to better secure systems and websites to
prevent such attacks and help potential victims, including SLTT
governments.
Multi-State Information Sharing and Analysis Center (MS-
ISAC).--The agreement provides not less than $38,000,000, an
increase of $10,986,000 above the request to sustain and expand
the program's capabilities and expertise, to include SLTT
election security support via the Election Infrastructure
Information Sharing and Analysis Center; mis- and
disinformation mitigation capabilities; endpoint detection and
response; malicious domain activity blocking and reporting;
expansion of the MS-ISAC cyber incident response team and its
capabilities; a National Prevention Pilot to provide an
unclassified Unified Threat Management service for election and
SLTT partners; and improving threat intelligence and data
retention and storage capabilities. In lieu of the briefing
required in House Report 117-87, CISA shall include budget and
staffing plans for the MS-ISAC within the Quarterly Budget and
Staffing Briefings described above.
National Cybersecurity Protection System (NCPS).--DHS is
directed to provide a briefing to the Committees within 210
days of the date of enactment of this Act that details the
investment milestones to integrate the full range of
cybersecurity data sets collected across CISA investment
programs, to include vulnerability management and incident
response data sets into the analytic infrastructure and
framework of the restructured NCPS program.
Ransomware.--Within 180 days of the date of enactment of
this Act, CISA shall brief the Committees on the factors that
left the United States vulnerable to any ransomware attack on
critical infrastructure over the last two years and CISA's
efforts to raise awareness of the threat of ransomware and
activities to reduce the impact of ransomware attacks.
Strengthening Federal Networks.--The agreement provides
$700,000 above the request to implement section 1705 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) to assist federal
agencies with post-incident containment, eradication, and
recovery activities.
Threat Hunting.--The agreement provides $24,000,000 above
the request to increase cyber defensive operations in support
of federal civilian agencies and non-federal networks,
including SLTT governments and other critical infrastructure
operators. This additional funding is also intended to bolster
CISA's capacity to quickly issue proactive guidance based on
intelligence and learned behaviors after the positive
identification of a compromise. Within 180 days of the date of
enactment of this Act, CISA shall provide a briefing to the
Committees on the total threat hunting services and incident
response engagements it provided in fiscal year 2021, to
include the services offered and level of engagement required
for each.
Vulnerability Management Infrastructure.--The agreement
provides $10,022,000 above the request for the underlying
infrastructure that enables better identification, analysis,
and publication of known vulnerabilities and common attack
patterns, including through the National Vulnerability
Database, and to expand the coordinated responsible disclosure
of vulnerabilities.
Infrastructure Security
Bombing Prevention.--The agreement provides $7,526,000
above the request to expand efforts to address the
proliferation and use of Improvised Explosive Devices, to
continue the Train-the-Trainer program, and to continue the
services provided through the Bomb-making Materials Awareness
program. In lieu of the plan required in House Report 117-87,
CISA shall include budget and staffing plans for the Office of
Bombing Prevention within the Quarterly Budget and Staffing
Briefings described above.
JCDC Exercises.--In furtherance of section 1715 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283), the agreement
provides $2,244,000 above the request to support JCDC-organized
cyber defense exercises that improve public and private sector
awareness of JCDC planning guidance and playbooks and improve
operational coordination to protect, detect, respond to, and
recover from cybersecurity risks or incidents. Such exercises
also provide a venue for increasing the collective
understanding of adversary threats to critical infrastructure
and other national targets of interest, along with the
vulnerability of such infrastructure and the potential
consequences of disrupting it.
National Cyber Exercises.--In furtherance of section 1744
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
the agreement provides $3,367,000 above the request for the
planning and execution of national cyber exercises. These
exercises shall involve the executive branch, State
governments, the private sector, and international partners,
and shall include Congress as observers.
Public Gathering Security.--The agreement provides
$8,000,000 above the request to continue CISA's efforts to
improve public gathering security by building the security
capacity at public gathering locations.
Emergency Communications
First Responder Emergency Medical Communications.--The
agreement provides $4,000,000 above the request for CISA to
administer and expand competitive grants for SLTT merit-based
demonstration projects and technical assistance offerings that
aid in the implementation of the National Emergency
Communications Plan through innovative approaches to
interoperable emergency medical communications in rural areas
to enhance public safety communications.
National Emergency Communications Plan.--The agreement
provides $2,000,000 above the request to complete an update of
the National Emergency Communications Plan to incorporate
evolving technologies and update threat prevention methods.
Within 180 days of the date of enactment of this Act, CISA
shall provide the Committees an estimated timeline for the
completion of the update.
Next Generation Networks-Priority Service (NGN-PS).--The
agreement provides $47,600,000 above the budget request amount
to accelerate the development and deployment of NGN-PS Phase 2
technologies and services. Of this amount, $4,600,000 is
provided in Operations and Support funding and $43,000,000 is
provided in Procurement, Construction, and Improvements
funding.
Resilient Next Generation 911 (NG911) Ecosystem.--The
agreement provides $20,000,000 above the request to design
initiatives and to begin to deliver a resilient 911 Ecosystem
in discrete and usable segments and should ensure small-scale
NG911 systems align with NIST cybersecurity standards while
preserving the ability to work with all forms of data, video,
and information services. Of this amount, $6,000,000 is
provided in Operations and Support funding and $14,000,000 is
provided in Procurement, Construction, and Improvements
funding. CISA shall work with the Federal Communications
Commission, the National Highway Traffic Safety Administration,
and the National Telecommunications Information Administration
to lay the groundwork for an incremental program that will be
guided by recommendations from the National NG911 Roadmap.
Technical Assistance to SLTT Emergency Communications
Partners.--The agreement provides $5,000,000 above the request
for technical assistance to SLTT emergency communications
partners.
Integrated Operations
Security Advisors (SA).--The agreement provides $17,100,000
above the request to increase the number of SAs and other
regional staff needed to help support CISA's regional
operations in the 10 CISA regions and within the Federal Bureau
of Investigation's Field Office Cyber Task Forces.
Risk Management Operations
Continuity of the Economy.--The agreement provides $200,000
above the request for the development of a Continuity of the
Economy Plan, as required by section 9603 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283).
National Critical Functions (NCFs) Analytic Capability.--
The agreement provides $15,000,000 above the request to develop
a long-term analytic capability that can evaluate evolving
strategic risks to NCFs from the potential compromises of
critical infrastructure over a 5- to 25-year timespan. Of this
increase, $2,000,000 is to build upon prior investments in
models and to develop a long-term analytic capability that can
evaluate evolving strategic risks to NCFs and $3,000,000 is to
continue prior investments in models and develop long-term
analytic capability that can evaluate evolving strategic risks
to NCFs.
Stakeholder Engagement and Requirements
Cyber Safety Review Board (CSRB).--In support of Executive
Order 14028 (Improving the Nation's Cybersecurity), the
agreement provides $2,893,000 above the request to establish
the CSRB. In lieu of the briefing required in House Report 117-
87, CISA shall include budget and staffing plans for the CSRB
within the Quarterly Budget and Staffing Briefings described
above.
Cybersecurity Advisory Committee.--The agreement provides
$1,450,000 above the request to support the establishment of
the Cybersecurity Advisory Committee, pursuant to section 1718
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
Enhanced Awareness Campaigns.--The agreement provides
$4,125,000 above the request to expand and evolve existing
outreach and awareness efforts that increase the public's
understanding of critical infrastructure issues, risks, and
threats, and to drive meaningful, demonstrable change in safety
and security behaviors.
Sector Risk Management Agencies.--The agreement provides
$39,000,000 above the request for activities carried out in
furtherance of the authorities and added requirements
established by section 9002 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) for the management of the eight sectors for which
CISA is the Sector Risk Management Agency. Of this amount,
$6,500,000 is provided in infrastructure security; $22,000,000
is provided in risk management operations; and $10,500,000 is
provided in stakeholder engagements and requirements.
SLTT Cyber Grants Management.--The agreement provides
$4,000,000, as requested, for CISA to provide subject matter
expertise on cyber and infrastructure security matters as FEMA
implements SLTT preparedness grant programs, such as the State
Homeland Security Grant Program and Urban Area Security
Initiative. CISA is directed to continue supporting FEMA by
providing guidance to SLTT entities to define and manage cyber
risk. Further, CISA and FEMA are directed to jointly review the
bi-yearly Nationwide Cybersecurity Review and brief the
Committees within 180 days of the date of enactment of this Act
on how such review can be more actively used among the
components.
Mission Support
Mission Support Requirements.--The agreement rejects the
proposed $2,177,000 reduction intended to achieve undefined
administrative efficiencies. In addition, the agreement
provides $850,000 above the request to accelerate the
development and implementation of policies and procedures
necessary for CISA to assume responsibility for personnel
security and suitability vetting of potential CISA personnel
and contracted personnel, and $6,600,000 above the request to
establish a procurement office and for additional mission
support.
Strategic Plan.--The agreement provides $7,500,000 above
the request for Strategy, Policy, and Plans to develop a long-
term strategic implementation plan by component. The plan
should be developed annually in coordination with a federally
Funded Research and Development Center or other partnership and
should include a comprehensive view of the overall CISA
mission, how individual offices within CISA contribute to that
mission, and a vision for how CISA can improve upon its current
posture to execute its mission, including staffing requirements
and a comprehensive 5-year hiring plan. Within 90 days of the
date of enactment of this Act, CISA shall provide the
Committees a briefing outlining the projected milestones and
timeline for developing the plan.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Cybersecurity
Continuous Diagnostics and Mitigation (CDM).--The agreement
provides $32,334,000 above the request for enterprise mobility
management investments to continue development and deployment
of management and security tools to address the mobile device
landscape across the Federal Civilian Executive Branch
agencies.
National Cybersecurity Protection System.--The agreement
provides $1,000,000 above the request to enhance the protection
of Federal networks and expand CISA's ability to coordinate and
execute defense against nation-state threats and critical
vulnerabilities.
RESEARCH AND DEVELOPMENT
Infrastructure Security
Public Gathering Security.--The agreement provides
$3,000,000 above the request for CISA to collaborate with the
Army's Engineer Research Development Center and other
identified national labs and universities to demonstrate and
integrate protective technologies to address identified
technological needs and requirements for public gathering
security.
Risk Management
Technology Development and Deployment Program (TDDP).--The
agreement provides $3,500,000 above the request for the TDDP.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The agreement provides $13,697,000 above the request,
including $1,000,000 for administration of the Next Generation
Warning System; $7,500,000 for homeland security preparedness
grant evaluations; $11,000,000 for Integrated and Public
Warning System; $2,356,000 for SLTT Continuity Technical
Assistance; $800,000 for Continuity Assessment Support;
$350,000 to administer the Alternatives to Detention Case
Management Pilot grant program in the Preparedness and
Protection PPA; $5,150,000 for disaster supply chain
preparedness in the Response and Recovery PPA; and $1,288,000
for disaster supply chain preparedness in the Mission Support
PPA. The agreement also provides net zero technical adjustments
requested by the Agency in technical assistance.
Building Resilient Infrastructure and Communities (BRIC).--
Within 60 days of the date of enactment of this Act and
quarterly thereafter, FEMA shall brief the Committees on the
status of BRIC implementation, including projected funding
levels. Recognizing the importance of stakeholder input, the
briefing shall include a description of how stakeholder views
are incorporated, including the needs of local governments.
Emergency Management Assistance Compact.--The agreement
provides $2,000,000 in the Response and Recovery PPA for the
Emergency Management Assistance Compact.
FEMA and HUD Coordination Individual Assistance.--Within
180 days of the date of enactment of this Act, FEMA and HUD
shall brief the Committees on the following--data sharing and
integration, staffing and coordination, reducing redundant data
collection from survivors, known challenges and barriers to
data sharing, safeguards to protect survivor privacy and key
lessons from prior efforts.
National Dam Safety Program.--The agreement provides not
less than $9,657,000 in the Mitigation PPA for the National Dam
Safety Program.
National Earthquake Hazards Reduction Program.--The
agreement provides not less than $8,517,0000 in the Mitigation
PPA for the National Earthquake Hazards Reduction Program.
Next Generation Warning System.--The agreement provides
$1,000,000 for the administration of Next Generation Warning
System as described in House Report 117-87.
Preparedness Grants Evaluations.--The agreement includes
$7,500,000 in O&S for conducting independently verified and
validated evaluations on the effectiveness of preparedness
grants in lieu of a transfer from Federal Assistance, as
proposed in the request for this purpose. FEMA shall brief the
Committees within 45 days of the date of enactment of this Act
on a plan for the use of these funds. The briefing shall also
address current requirements and recommendations for
appropriate privacy and civil liberty safeguards and reporting
on deaths or injuries resulting from equipment purchased with
grant funding. FEMA is also directed to provide updates on the
status of the evaluations to the Committees within 105 days of
the date of enactment of this Act, and every 60 days
thereafter, until such evaluations are completed. Within 30
days of the completion of such evaluations, and not later than
270 days after the date of enactment of this Act, FEMA shall
provide a final report on the results of the evaluations to the
Committees.
Urban Area Flooding.--Within 30 days of the completion of
the FY 2020 Urban Area Flooding Pilot, FEMA shall brief the
Committees on the activities and make recommendations, such as
whether a permanent program should be established.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes an increase of $21,773,000 above the
request including $3,000,000 for the National Warning System
and $18,773,000 for the realignment of information technology
projects from Operations and Support as requested by the Agency
in technical assistance.
FEDERAL ASSISTANCE
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes an increase of $330,729,000 above
the budget request, not including funding transferred from the
Office of the Secretary and Executive Management for targeted
violence and terrorism prevention grants and an Alternatives to
Detention case management pilot program. The amount provided
for this appropriation by PPA is as follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Federal Assistance
Grants
State Homeland Security Grant Program................. $594,686,000 $645,000,000
(Operation Stonegarden)............................... - - - (90,000,000)
(Tribal Security Grant)............................... - - - (15,000,000)
(Non-profit Security)................................. - - - (125,000,000)
Urban Area Security Initiative........................ 689,684,000 740,000,000
(Non-profit Security)................................. - - - (125,000,000)
Public Transportation Security Assistance............. 100,000,000 105,000,000
(Amtrak Security)..................................... - - - (10,000,000)
(Over-the-Road Bus Security).......................... - - - (2,000,000)
Port Security Grants.................................. 100,000,000 100,000,000
Assistance to Firefighter Grants...................... 370,000,000 360,000,000
Staffing for Adequate Fire and Emergency Response 370,000,000 360,000,000
(SAFER) Grants.......................................
Emergency Management Performance Grants............... 355,000,000 355,000,000
Flood Hazard Mapping and Risk Analysis Program 275,500,000 275,500,000
(RiskMAP)............................................
Regional Catastrophic Preparedness Grants............. 12,000,000 12,000,000
High Hazard Potential Dams............................ 12,000,000 12,000,000
Emergency Food and Shelter............................ 130,000,000 130,000,000
Next Generation Warning System........................ - - - 40,000,000
Community Project Funding/Congressionally Directed - - - 205,099,000
Spending Grants......................................
-------------------------------------------------
Subtotal, Grants.................................. 3,008,870,000 3,339,599,000
-------------------------------------------------
Education, Training, and Exercises
Center for Domestic Preparedness...................... 67,538,000 67,538,000
Center for Homeland Defense and Security.............. 18,000,000 18,000,000
Emergency Management Institute........................ 22,030,000 22,030,000
U.S. Fire Administration.............................. 53,212,000 53,212,000
National Domestic Preparedness Consortium............. 101,000,000 101,000,000
Continuing Training Grants............................ 12,000,000 12,000,000
National Exercise Program............................. 19,820,000 19,820,000
-------------------------------------------------
Subtotal, Education, Training, and Exercises...... 293,600,000 293,600,000
-------------------------------------------------
Subtotal, Federal Assistance...................... 3,302,470,000 3,633,199,000
Targeted Violence and Terrorism Prevention Grants (by (20,000,000) (20,000,000)
transfer)............................................
Alternatives to Detention Case Management (by (5,000,000) (15,000,000)
transfer)............................................
-------------------------------------------------
Total, Federal Assistance (including transfers)... $3,327,470,000 $3,668,199,000
----------------------------------------------------------------------------------------------------------------
Continuing Training Grants.--The agreement includes
$12,000,000 for Continuing Training Grants, of which not less
than $3,000,000 shall be competitively awarded for FEMA-
certified rural and tribal training; $2,000,000 for FEMA to
partner with the Federal Aviation Administration (FAA) Unmanned
Aircraft Center of Excellence to conduct a regional training
program for SLTT responders in using UAS for disaster
preparedness and response; and $4,000,000 for activities of the
National Cybersecurity Preparedness Consortium.
Eligible Costs for Preparedness Grants.--In order to ensure
SHSGP and UASI funding remains focused on their intended
purposes, the agreement supports the continuation of existing
policy with respect to making costs associated with the
purchase of weapons, weapons accessories (including
ammunition), and weaponized vehicles ineligible under the
programs.
Emergency Management Training Backlog.--FEMA is directed to
brief the Committees, within 180 days of the date of enactment
of this Act, on the impact COVID-19 has had on its ability to
meet emergency response training demands since the beginning of
the pandemic, including any potential resultant training
backlogs and FEMA's plan to address any such backlogs.
Flood Mapping.--Within 60 days of the date of enactment of
this Act, FEMA is directed to brief the Committees on its flood
mapping plan for fiscal year 2022.
Funding Considerations.--When awarding grants, the
Administrator shall consider: the needs of cybersecurity
preparedness and planning; state court cybersecurity; 911 call
capabilities; alert and warning capabilities; implementation of
the REAL ID Act (Public Law 109-13); and countering targeted
violence and terrorism prevention programs.
High Hazard Dams.--FEMA is directed to brief the Committees
within 90 days of the date of enactment of this Act, on the
High Hazard Potential Dam Safety program including a plan for
spending the funds provided to the program in this Act and in
Public Law 117-58 as well as the effectiveness, cost-benefits
of the program, and recommendations to make the program more
effective.
National Cybersecurity Preparedness Consortium.--By the end
of fiscal year 2022, the Consortium shall provide the
Committees a comprehensive report on multiyear curricula to
improve cybersecurity preparedness.
Next Generation Warning System.--The Act provides
$40,000,000 for the Next Generation Warning System as part of
the Integrated Public Alert and Warning System as described in
House Report 117-87.
Regional Catastrophic Preparedness Grant Program.--FEMA is
directed to: prioritize funding for efforts which formalize new
or sustain existing working groups for continued effective
coordination; ensure synchronization of plans and shared best
practices; implement citizen and community preparedness
campaigns; and pre-position needed commodities and equipment.
FEMA is further directed to take into account the needs of both
the area at risk of natural and man-made catastrophes and
affected communities.
Transit Security Grant Program (TSGP).--The agreement
provides an increase of $5,000,000 for the TSGP to allow FEMA
to make awards to additional applicants.
United States Fire Administration (USFA).--FEMA is directed
to continue its traditional funding for the congressionally-
mandated National Fallen Firefighters Memorial. Within 30 days
of the date of enactment of this Act, the USFA shall submit to
the Committees the status report on its efforts to collect data
on firefighter suicide as required in the fiscal year 2021
Joint Explanatory Statement.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
DISASTER RELIEF FUND
The agreement provides $500,000,000 below the request, for
a total of $18,799,000,000. The total amount is appropriated
under the budget cap adjustment for major disaster response and
recovery activities. No funds are provided for base DRF
activities due to a significant carryover balance in the base
account that is sufficient for carrying out all projected
fiscal year 2022 activities.
Building Resilient Infrastructure and Communities.--The
Capability and Capacity Building activity in fiscal year 2022
shall be funded at no less than $1,500,000 per State as defined
by section 102(4) of the Stafford Act.
Community Disaster Loans.--The Act allows FEMA to transfer
$3,000,000 from the Disaster Relief Fund to the Disaster
Assistance Direct Loan Program Account for administrative
expenses for the Community Disaster Loan program. Prior the
transfer, in lieu of the briefing required in House Report 117-
87, FEMA shall brief the Committees on an expenditure plan for
the transferred funds and on loans fully or partially cancelled
by Public Law 117-43.
Disaster Assistance for Individuals and Households.--Within
120 days of the date of enactment of this Act, FEMA shall brief
the Committees on how the recommendations in GAO-20-503 are
being implemented and ensuring that eligible applicants for
Individuals and Households assistance do not face undue burdens
in establishing their eligibility.
Disaster Declaration Process.--FEMA is directed to consult
with states on the policy of considering the estimated cost of
a disaster in relation to the population of the State when
recommending whether to declare a Federal disaster, and brief
the Committees within 270 days of this Act on the results of
the consultation.
Improving Access to BRIC.--Within 90 days of the date of
enactment of this Act, FEMA shall brief the Committees on its
current and planned strategies to help SLTT governments
effectively leverage the BRIC program and how the BRIC program
addresses applicants where code adoption and enforcement is the
responsibility of a different level of government. The briefing
should include an analysis of how the Agency and the program
can better assist SLTT governments in adopting and implementing
building codes that advance community resilience. The briefing
should also include States' options outside of this program to
assist communities with needed pre-disaster mitigation and
other challenges in addressing pre-disaster mitigation.
Natural Infrastructure Activities.--Within 180 days of the
selection of fiscal year 2020 BRIC projects, FEMA shall provide
the Committees with a report on the number, dollar amount, and
percentage of BRIC applications received to fund natural
infrastructure projects. The report shall be disaggregated by
the applications that were awarded funding and those that were
not, and describe the types of natural infrastructure
activities funded including those that were for living
shorelines projects.
NATIONAL FLOOD INSURANCE FUND
The agreement includes $214,706,000 for the National Flood
Insurance Fund consistent with the budget request.
TITLE III--ADMINISTRATIVE PROVISIONS
Section 301. The agreement continues a provision making
``Cybersecurity and Infrastructure Security Agency--Operations
and Support'' funding available for a cybersecurity competition
established by Executive Order No. 13870.
Section 302. The agreement includes a provision making
``Cybersecurity and Infrastructure Security Agency--Operations
and Support'' funding available for procuring and providing
cybersecurity threat feeds to CISA stakeholders and partners.
Section 303. The agreement modifies a provision limiting
expenses for administration of grants.
Section 304. The agreement continues a provision specifying
timeframes for information on certain grant awards.
Section 305. The agreement continues a provision requiring
a five-day advance notification for certain grant awards under
``Federal Emergency Management Agency--Federal Assistance.''
Section 306. The agreement continues a provision that
addresses the availability of certain grant funds for the
installation of communications towers.
Section 307. The agreement continues a provision requiring
a report on the expenditures of the DRF.
Section 308. The agreement continues a provision permitting
certain waivers to SAFER grant program requirements.
Section 309. The agreement continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
Section 310. The agreement continues a provision allowing
the FEMA Administrator to waive certain requirements pertaining
to Assistance to Firefighter Grants.
Section 311. The agreement includes a provision adjusting
the cost share for major disasters and emergencies that
occurred or were declared in calendar years 2020 and 2021.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The agreement provides $275,000,000 to address the USCIS
backlog by hiring additional personnel, including asylum
officers and refugee officers; increasing overtime; investing
in case file management support; provisioning equipment for
increased video interviewing capability; purchasing information
technology equipment and supplies; training; travel; and
providing for other related costs.
Within the total amount provided, $87,619,000 is available
until September 30, 2023, for application processing. Not later
than 45 days after the date of enactment of this Act, USCIS
shall brief the Committees on an updated spending and hiring
plan, which shall include the funding provided in support of
application processing, and shall also include a detailed
breakout, by mission critical occupation category, of the total
USCIS funded position levels, which shall include positions
supported by fee funding, to provide a complete picture of
USCIS's funded position levels for its various workstreams,
which shall then be used to compare against realized hiring
execution.
Asylum Processing.--Not later than 90 days after the date
of enactment of this Act, USCIS shall provide a report to the
Committees that details its efforts and specific actions, if
any, to reduce the backlog of asylum applications, while
ensuring that asylum applicants are properly reviewed for
security purposes.
Backlog Reporting and Processing Times.--USCIS shall
provide the Committees a plan within 60 days of the date of
enactment of this Act to establish a quarterly, public report
on all backlogs, frontlogs, and pending forms, for all form
types, which shall also indicate the form's processing goal.
Additionally, within 180 days of the date of enactment of this
Act, USCIS shall develop and brief the Committees on a
comprehensive Backlog Elimination Plan, modeled on prior
successful efforts by USCIS to eliminate their backlogs in
2004-2006, along with any associated staffing models to support
such plan. USCIS is directed to ensure that timeliness
performance measures for all forms are developed, implemented,
and routinely assessed. Within 90 days of the date of enactment
of this Act, USCIS shall report to the Committees on measures
implemented to promptly reduce processing delays and provide
the Committees a list of adjudication processing goals and
whether the goal is required by statute, regulation, or is set
internally.
Budget Justification Materials.--USCIS shall provide
additional detailed information and accounting level data in
its future budget justification materials to ensure
transparency and executability. Such details shall include
additional information regarding each adjustment to base and
program change from the prior year for each PPA, including the
PPAs within the Immigration Examinations Fee Account (IEFA),
and shall provide such information at the office-level for the
Administration PPA. Within 30 days of the date of enactment of
this Act, USCIS shall confer with the Committees on the PPA
structure to be used for future budget requests.
Electronic Processing.--In addition to the requirements in
Section 4103 of the USCIS Stabilization Act (Public Law 116-
159) and not later than 90 days after the date of enactment of
this Act, and quarterly thereafter, USCIS is directed to brief
the Committees on its progress with further developing and
implementing the plan, which shall include the following
additional detailed information:
(1) cost and schedule plans for 12 months;
(2) cost and schedule actuals against the plans;
(3) identification and justification for slippage in cost
and/or schedule;
(4) identification of any risks, and mitigation strategies
to address such risks;
(5) identification of any technological challenges facing
the agency;
(6) an examination of whether expanded premium processing
could facilitate end-to-end electronic processing for all
immigration benefit requests, and if so, the resulting project
plan, including timelines and cost estimates for USCIS and
customers; and
(7) a plan for promoting public adoption, including by
engaging with industry partners as applicable.
USCIS shall specifically highlight the status of its
efforts to establish a centralized mechanism for asylum seekers
to apply for employment authorization online, including a
projected schedule for meeting anticipated milestones. Further,
USCIS shall review whether Form I-765 can be more narrowly
tailored to reduce paperwork and workloads, while still
ensuring proper eligibility and security and shall include its
plan for achieving this goal, including any anticipated
resource savings and timeliness metrics, in the next semi-
annual briefing.
E-Verify.--USCIS shall examine and brief the Committees,
within 90 days of the date of enactment of this Act, on a plan
to implement an appeal process for a final non-confirmation
within the E-Verify system, as well as improvements in outreach
efforts and training tools to assist employers in improving the
accuracy of information they submit into the system.
Fee Study.--USCIS shall ensure that the accompanying
documentation required by USCIS's fee study clearly indicates
the programs or efforts that prevent USCIS from obtaining full
cost recovery.
Use of Fee Waivers.--Within 90 days of the date of
enactment of this Act, USCIS shall brief the Committees on its
policies regarding the use of full and partial fee waivers for
applicants, petitioners, and requestors.
H-2A Visas.--USCIS shall, in consultation with the
Department of Labor, timely post public information provided by
employers on the Form I-129 and associated filings regarding
recruiters, recruiting agents, or agencies they plan to use.
USCIS shall also establish a process whereby workers may
confirm that they are the beneficiaries of H-2A petitions and
can receive information about their own immigration status,
including their authorized period of stay and the status of any
requested visa extensions.
H-2B Visas.--The Department shall, in consultation with the
Department of Labor, examine the impacts of the current H-2B
visa semiannual distribution on employers, employees, and
agency operations and provide the Committees a briefing on the
study not later than 180 days after the date of enactment of
this Act.
Military Naturalization Applications.--Absent exigent
circumstances or additional time applicants may need to respond
to Requests for Evidence or Notices of Intent to Deny, USCIS
shall ensure that military naturalization applications are
processed within six months, as was required by the Military
Personnel Citizenship Processing Act of 2008 (Public Law 110-
382). USCIS is directed to continue to build upon its military
naturalization promotion program, in conjunction with the
Department of Defense, to ensure all military service members
and their families learn about and consider their eligibility
to apply for naturalization before the military service
member's separation from the military, and to help military
families navigate the naturalization process. Not later than 90
days after the date of enactment of this Act, USCIS shall brief
the Committees on the status of meeting these goals, including
any efforts to streamline processes and improve the overall
experience for service members and their families.
Quarterly Budget and Productivity Reporting.--USCIS shall
brief the Committees within 90 days of the date of enactment of
this Act, and quarterly thereafter, on budget operations,
including revenue projections, actual spending, and other
financial forecasts. At a minimum, the briefing shall detail
the spending of each directorate and office (compared to
projections), provide revenue and expenses delineated by form
type, other agency expenses including payments or transfers to
other Federal agencies, and carryover or reserve fund
projections and spending. USCIS shall ensure the agency
maintains a sufficient carryover balance to provide stability
amid fluctuating receipts. Additionally, USCIS shall develop
productivity measures that convey the baseline capacity and
capabilities for processing applications and petitions and
capture the impact of investments in personnel, technology, or
changes to processes and policies on such measures. Updates on
USCIS performance against these measures shall be included with
the quarterly budget reporting.
Refugee Admissions.--The Department shall submit to the
Committees and make available to the public on its website not
later than 90 days after the date of enactment of this Act the
following information for each of the fiscal years 2018 through
2021:
(1) the number of USCIS staff assigned to the Refugee Corps
at the Refugee Affairs Division of USCIS and the number of
refugee processing circuit rides conducted;
(2) the number of USCIS Refugee Corps officers assigned to
each circuit ride;
(3) the destination region and country for each circuit
ride;
(4) the number of refugee interviews conducted by USCIS;
and
(5) the number of approvals and denials issued by USCIS.
Report on Non-Immigrant Visas.--Within 180 days of the date
of enactment of this Act, USCIS shall provide to the Committees
a monthly report of non-immigrant visas granted to individuals
from each country subject to a designation of Temporary
Protected Status (TPS).
Trauma-Informed Support.--Within 180 days of the date of
enactment of this Act, USCIS shall brief the Committees on any
current training for employees who are regularly exposed to, or
engage with, trauma survivors.
Trusted Employer Program.--Within 60 days of the date of
enactment of this Act, USCIS shall provide a report to the
Committees on the operation of the pilot program from 2016 to
2020 for the Trusted Employer Program, including information
regarding any cost-savings to the agency, cost-savings to
petitioners, and operational and security benefits to the
agency.
Virtual Processes and Ceremonies.--Not later than 60 days
after the date of enactment of this Act, USCIS shall provide
the Committees with an analysis of the feasibility of
leveraging video and audio teleconferencing capabilities to:
(1) support remote refugee interviews; and
(2) remotely administer the oath of citizenship during
circumstances that impede the regular administration of
naturalization ceremonies.
Workload Staffing Modeling.--USCIS shall brief the
Committees within 90 days of the date of enactment of this Act
on a plan to develop a strategic agency-wide workload staffing
model that incorporates the impact of personnel, existing
assets, and capabilities on USCIS operations. The model should
reflect the impact of business transformation initiatives such
as IT, business process reengineering, and the streamlining of
data required on forms from applicants/petitioners. While the
model shall not assume that work will be performed by employees
detailed from other agencies to perform core USCIS mission
duties, the model shall incorporate historical attrition and
hiring delays to inform realistic staffing on-board
assumptions. The model should be able to provide to USCIS data
on the expected impacts that changes in USCIS assets and
capabilities are expected to have on reducing backlogs and
allow USCIS the ability to test how changes in business
processes and policies will impact their workforce, assets, and
customers.
Voter Registration for New Citizens.--USCIS shall examine
the feasibility of working with the appropriate State, local
official, or agency, to register new U.S. Citizens upon
completion of their oath ceremonies. Such examination shall
consider the barriers to such efforts and examine whether USCIS
can electronically transfer voter information to facilitate
voter registration upon successfully obtaining U.S.
Citizenship.
FEDERAL ASSISTANCE
The agreement provides $20,000,000 to support the
Citizenship and Integration Grant Program. In addition, USCIS
continues to have the authority to accept private donations to
support this program.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The bill provides the requested amount.
Interagency Training Centers.--The Department shall
continue working with the National Guard, as well as state and
local leaders, to identify opportunities to expand domestic
training locations on federal or state property, particularly
in regions that lack facilities for training related to active
shooters, dense urban terrain, and cyber and electromagnetic
response.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The bill provides the requested amount.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The agreement provides $20,000,000 above the budget
request.
Forced Labor Analysis.--The agreement includes $5,000,000
above the request to develop analytic capabilities to assess
the impact of DHS and CBP actions and investments on world-wide
forced labor levels.
Projecting and Planning for Future Flow to U.S. Southwest
Border.--The agreement includes $15,000,000 to expand and
evolve the interagency models developed with CBP on the impacts
to Federal agencies of changes in flow to the border, changes
in policies, and changes in agency resources. Within 60 days of
the date of enactment of this Act, Science & Technology (S&T)
and CBP, along with other DHS partners, shall provide a
briefing to the Committees on execution of these funds and
timeframe for delivery of model output to all impacted
agencies.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The bill provides an increase of $4,000,000 above the
request for biological decontamination, completing
environmental regulatory compliance activities, and preserving
historic assets at the Plum Island Animal Disease Center.
RESEARCH AND DEVELOPMENT
The agreement provides $39,500,000 above the request for
Research and Development (R&D), including increases of
$25,000,000 for Research, Development, and Innovation; and
$14,500,000 for University Programs.
Research, Development, and Innovation
In developing a proposed allocation plan of its research,
development, and innovation funds, as described in House Report
117-87, S&T is to consider funding ongoing meritorious projects
as referenced in the House Report 117-87, and the following: up
to $10,000,000 to support container demonstrations and to
evaluate new scalable container security design improvements;
up to $2,000,000 to develop thermoplastic composite materials
that improve sensor integration; up to $6,000,000 to pursue
research and development related to data visualization and
emerging analytics; up to $3,000,000 for a pilot program with
an academic partner to support the use of statewide mesonets;
up to $5,000,000 for additional capabilities to improve the
detection and interdiction of threats encountered by CBP or
TSA; up to $1,500,000 for the ongoing maritime port resiliency
and security research testbed; up to $15,269,000 for the
Detection Canine Program of which up to $10,000,000 may be used
to pursue collaboration with end users; up to $9,000,000 for
enabling UAS research, of which up to $4,000,000 may be used
for the demonstration site to conduct on-site testing and
evaluation; up to $2,000,000 to work with a university partner
to evaluate cybersecurity training materials and the social and
behavioral impacts on protecting local law enforcement entities
and their respective operations; up to $5,000,000 for entering
into an Educational Partnership Agreement to develop
capabilities for maintaining and improving the integrity of
U.S. levee and dam systems; up to $5,000,000 to research viable
alternatives of concrete dam design and performance; up to
$4,000,000 for partnership intermediary agreements; up to
$2,000,000 for research, in partnership with a National
Laboratory, on the critical infrastructure testbed for
cybersecurity; up to $2,000,000 for the binational cooperative
program; up to $4,500,000 for collaboration with ICE HSI on the
development of opioid-related investigative, training,
analytical and other capabilities; and up to $5,000,000 for
quality assurance and continuous evaluation research on voting
technologies and election data security procedures.
Applied Research.--S&T shall continue to prioritize applied
research activities that provide innovative solutions to the
Department, its components, and their most integral
stakeholders. Despite the inclusion of R&D appropriations for
each component under the common appropriations structure, S&T
should be the central component for departmental R&D, including
R&D for other components. The Department shall notify the
Committees not less than 60 days in advance of any reduction,
discontinuation, or transfer from the custody of the
Undersecretary for Science and Technology of any research and
development activity that is being conducted by S&T as of the
date of enactment of this Act.
Binational Cooperative Program.--Within 180 days of the
date of enactment of this Act, S&T shall brief the Committees
on the outcome of each grant awarded through the program and on
any commercialization or transition to practice that has
resulted from the program's initiatives.
Biosurveillance and Security Test Capability.--S&T shall
work with the Office of Countering Weapons of Mass Destruction
to determine whether this capability is supportive of the
Biological Detection for the 21st Century program within its
current development cycle. Within 90 days of the date of
enactment of this Act, S&T shall provide the Committees the
results of the evaluation and a plan for test bed capabilities
that takes into account the development of capability
requirements and a bench scale testing plan to model this
capability.
Detection Canine Program.--Within 90 days of the date of
enactment of this Act, S&T shall provide a spend plan for the
Detection Canine Program and shall brief the Committees
semiannually thereafter on the program's status.
Improving Detection Capabilities for Aerosolized Biological
Threats.--Within 90 days of the date of enactment of this Act,
S&T shall provide a report on DHS future plans to complete
advanced development, transition, fielding and sustainment of
these critical detection capabilities for aerosolized
biological threats.
Minority Serving Institutions (MSIs) Program.--The
agreement directs the Department to ensure that this program is
open to MSIs, as defined in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
Research and Prototyping for IED Defeat Program (RAPID).--
Within 90 days of the date of enactment of this Act, S&T shall
provide a report on RAPID funding, developing technologies and
transition/training efforts to support public safety across the
Nation.
Silicon Valley Innovation Program (SVIP).--Within 90 days
after the date of enactment of this Act, S&T shall brief the
Committees on the SVIP's current and projected return on
investment.
Transitioning New Capabilities to Operational Components.--
S&T shall provide a briefing to the Committees, within 45 days
of the date of enactment of this Act, on its plan to partner
with DHS agencies to develop key measures that capture that
impact and quantify a return on investment. Within 120 days of
the date of enactment of this Act, S&T shall provide the
Committees initial examples of the impact of three R&D
projects.
Work for Others.--Within 90 days of the date of enactment
of this Act, S&T shall brief the Committees on the
implementation and execution of the Work for Others program
within the NBACC.
University Programs
The agreement includes an increase of $12,000,000 above the
request for the Centers of Excellence for the development of an
independent assessment of the current state of border security
including associated requirements and $2,500,000 above the
request for MSIs.
Efficacy of Investments in Border Security.--Within 180
days of enactment of this Act, S&T shall provide an initial
report assessing the efficacy of investments in border security
over the previous five years, and 12 months after the initial
report, provide a final report.
Countering Weapons of Mass Destruction Office
OPERATIONS AND SUPPORT
The agreement provides $19,550,000 above the request with
two years of availability, including $5,000,000 for the Medical
Information Exchange personnel and $14,550,000 for child
welfare professionals.
Chief Medical Officer (CMO).--The agreement amends a
provision in title V to allow the Secretary to establish a new
executive management office led by the CMO to better lead and
coordinate the Department's medical and public health policies
and operations.
Child Welfare Support at CBP Facilities.--The agreement
provides $14,550,000 above the request to the Office of the
CMO, to obtain the services of, at minimum, two full-time,
State-licensed child welfare professionals or equivalents per
each CBP sector along the southwest border. These providers
will provide care for children temporarily in CBP custody.
The CMO shall work in coordination with CBP and provide a
briefing within 60 days of the date of enactment of this Act,
on an execution plan for hiring child welfare support, to
include how the personnel will be deployed in the field and how
translation services will be provided. The agreement further
directs the CMO to develop and oversee implementation of
standards for providing physical and mental healthcare to
minors held in CBP custody within 180 days of the date of
enactment of this Act. Prior to implementation of these
requirements, the CMO shall brief the Committees on the
contents and scope of the requirements, and, within 90 days of
the date of implementation shall brief the Committees on
adoption of and compliance with these requirements.
Health Security.--The agreement directs the CMO, in
conjunction with other Federal partners, to develop and
implement effective health security contingency planning,
interagency coordination protocols and processes, and
regionally based training and exercises, to prepare the
Department for emergent circumstances such as future pandemics,
increased migrant flow, National Special Security Events,
Special Event Assessment Rating events, and Stafford Act-
declared disasters. These health security efforts should also
include all biological, chemical, and radiologic threats to the
United States as guided by Material Threat Determinations and
subsequent threat assessments by the Department and the
Intelligence Community. Prior to implementation of this
initiative, the CMO shall brief the Committees on the contents
and scope of the finalized requirements. Within 90 days after
implementation of these health security efforts, the CMO shall
brief the Committees on adoption of and compliance with these
requirements.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $5,000,000 above the request for
Medical Information Exchange.
Federal Assistance
BioWatch.--CWMD is directed to provide an update on the
status of BD21 and plans to replace BioWatch capabilities
within 120 days, including status on implementation of
recommendation from GAO-21-292, ``DHS Exploring New Methods to
Replace BioWatch and Could Benefit from Additional Guidance.''
Securing the Cities.--CWMD is directed to provide an
updated implementation plan, within 120 days, for the Securing
the Cities program that incorporates a detailed assessment on
expenditures and their impact on achieving key performance
measures and program milestones.
TITLE IV--ADMINISTRATIVE PROVISIONS
Section 401. The agreement continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The agreement continues a provision limiting
the use of A-76 competitions by USCIS.
Section 403. The agreement continues a provision requiring
reporting on certain USCIS activities.
Section 404. The agreement includes a provision related to
the collection and use of biometrics.
Section 405. The agreement continues a provision
authorizing the Director of FLETC to distribute funds for
expenses incurred in training accreditation.
Section 406. The agreement continues a provision directing
the FLETC Accreditation Board to lead the federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 407. The agreement continues a provision allowing
the acceptance of transfers from government agencies into
``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements''.
Section 408. The agreement continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Section 501. The agreement continues a provision directing
that no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The agreement continues a provision providing
authority to merge unexpended balances of prior appropriations
with new appropriation accounts, to be used for the same
purpose, subject to reprogramming guidelines.
Section 503. The agreement continues a provision related to
reprogramming limitations and transfer authority.
The Department must notify the Committees on Appropriations
at least 15 days in advance of each reprogramming of funds that
would: (1) reduce programs, projects, and activities, or
personnel, by ten percent or more; or (2) increase a program,
project, or activity by more than $5,000,000 or ten percent,
whichever is less.
The term ``program, project, and activity'' (PPA) is
defined as each functional category listed under an account
heading in the funding table at the back of this explanatory
statement, along with each funding amount designated for a
particular purpose within the statement narrative, exclusive of
simple references to increases or reductions below the budget
request. Funding for each PPA should not be used for the
purposes of any other PPA. Within 30 days of the date of
enactment of this Act, the Department shall submit to the
Committees a table delineating PPAs subject to section 503
notification requirements.
For purposes of reprogramming notifications, the creation
of a new program, project, or activity is defined as any
significant new activity that has not been explicitly justified
to the Congress in budget justification material and for which
funds have not been appropriated by the Congress.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not intended
to facilitate the implementation of new programs, projects, or
activities that were not proposed in a formal budget
submission. Transfers may not reduce accounts by more than five
percent or augment appropriations by more than ten percent. The
Department must notify the Committees on Appropriations not
fewer than 30 days in advance of any transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(c). In particular, the Secretary should ensure that
any such transfers adhere to the opinion of the Comptroller
General's decision in the Matter of: John D. Webster, Director,
Financial Services, Library of Congress, dated November 7,
1997, with regard to the definition of an appropriation subject
to transfer limitations.
Notifications should provide complete explanations of
proposed funding reallocations, including detailed
justifications for increases and offsets; any specific impact
the proposed changes are expected to have on future-year
appropriations requirements; a table showing the proposed
revisions to funding and full-time equivalents (FTE)--at the
account and PPA levels--for the current fiscal year; and any
expected funding and FTE impacts during the budget year.
The Department shall manage its PPAs within the levels
appropriated and should only submit reprogramming or transfer
notifications in cases of unforeseeable and compelling
circumstances that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department becomes aware of an emerging requirement
after the President's budget has been submitted to Congress but
prior to the enactment of a full-year funding Act for the
budget year, it is incumbent on the Office of the Chief
Financial Officer to timely notify the Committees. When the
Department submits a reprogramming or transfer notification and
does not receive identical responses from the House and Senate
Committees, it is expected to work with the Committees to
reconcile the differences before proceeding.
Section 504. The agreement continues a provision, by
reference, prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2022 budget request. Funds
provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or for reimbursement must reflect the full cost of each
service. The Department shall submit a notification prior to
adding a new activity to the fund or eliminating an existing
activity from the fund. For activities added to the fund, such
notifications shall detail the source of funds by PPA. In
addition, the Department shall submit quarterly WCF execution
reports to the Committees that include activity level detail.
Section 505. The agreement continues a provision providing
that not to exceed 50 percent of unobligated balances from
prior-year appropriations for each Operations and Support
appropriation shall remain available through fiscal year 2023,
subject to section 503 reprogramming requirements.
Section 506. The agreement modifies a prior year provision
that deems intelligence activities to be specifically
authorized during fiscal year 2022 until the enactment of an
Act authorizing intelligence activities for fiscal year 2022.
When such an authorization is enacted after the enactment of
this Act, amounts appropriated for Intelligence, Analysis, and
Operations Coordination--Operations and Support in excess of
the authorized amounts shall be transferred to Management
Directorate--Operations and Support.
Section 507. The agreement modifies a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations or grant awards
totaling $1,000,000 or more; an award or contract, other
transaction agreement, or task order on a multiple award
agreement, or to issue a letter of intent of greater than
$4,000,000; task or delivery orders greater than $10,000,000
from multi-year funds; or sole-source grant awards.
Notifications shall include a description of the projects or
activities to be funded and the location, including city,
county, and state.
Section 508. The agreement continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 509. The agreement continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code, has
not been approved.
Section 510. The agreement continues a provision that
includes and consolidates by reference prior-year statutory
provisions related to a contracting officer's technical
representative training; sensitive security information; and
the use of funds in conformance with section 303 of the Energy
Policy Act of 1992.
Section 511. The agreement continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 512. The agreement continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 513. The agreement modifies a provision that
precludes DHS from using funds in this Act to use
reorganization authority. This prohibition is not intended to
prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to section 503 of this Act. This section prevents
large-scale reorganization of the Department, which should be
acted on legislatively by the relevant congressional committees
of jurisdiction. Any DHS proposal to reorganize components that
is included as part of a budget request will be considered by
the Committees.
Section 514. The agreement continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 515. The agreement continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 516. The agreement continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 517. The agreement continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 518. The agreement continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 519. The agreement continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets requirements of the Federal Property
and Administrative Services Act of 1949 or chapter 137 of title
10, United States Code, and the Federal Acquisition Regulation,
unless the contract is otherwise authorized by statute.
Section 520. The agreement continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 521. The agreement continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 522. The agreement modifies a prior year provision
regarding funding restrictions and reporting requirements
related to conferences occurring outside of the United States.
Section 523. The agreement continues a provision
prohibiting the use of funds to reimburse any federal
department or agency for its participation in a National
Special Security Event.
Section 524. The agreement modifies a prior year provision
requiring a notification, including justification materials,
prior to implementing any structural pay reform that affects
more than 100 full time positions or costs more than
$5,000,000, including the introduction of new position
classifications.
Section 525. The agreement continues a provision directing
the Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 526. The agreement continues a provision
authorizing minor procurement, construction, and improvements
activities using Operations and Support funding.
Section 527. The agreement continues a provision to
authorize discretionary funding for the cost of primary and
secondary schooling of dependents in territories that meet
certain criteria.
Section 528. The agreement continues a provision providing
funding for ``Federal Emergency Management Agency--Federal
Assistance'' to reimburse extraordinary law enforcement
personnel overtime costs for protection activities directly and
demonstrably associated with a residence of the President that
is designated for protection.
Section 529. The agreement continues a provision extending
other transaction authority for the Department during fiscal
year 2022.
Section 530. The agreement continues a provision regarding
congressional visits to detention facilities.
Section 531. The agreement continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 532. The agreement continues and modifies a
provision prohibiting the use of funds for the destruction of
records related to the death, sexual abuse, or assault of
detainees in custody.
Section 533. The agreement continues and modifies a
provision prohibiting the use of federal funds for a Principal
Federal Official during a Stafford Act declared disaster or
emergency, with certain exceptions.
Section 534. The agreement continues a provision requiring
the identification of discretionary offsets when fee increase
proposals to support current activities assume the enactment of
such proposals prior to the beginning of the budget year.
Section 535. The agreement continues a provision related to
the Arms Trade Treaty.
Section 536. The agreement modifies a provision requiring
the submission of a report on unfunded priorities for which
appropriations would be classified as the 050 Budget function
category.
Section 537. The agreement continues a provision requiring
notifications and reporting related to the protection of
certain individuals.
Section 538. The agreement includes a provision
establishing a Department of Homeland Security Nonrecurring
Expenses Fund.
Section 539. The agreement includes a provision requiring
notifications and the submission of information to the
Committees related to DHS requests for resources from the
Technology Modernization Fund.
Section 540. The agreement continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba into or within the United States.
Section 541. The agreement includes a provision extending
an authority provided in title VI of division B of Public Law
116-136.
Section 542. The agreement includes a provision
appropriating an additional amount for CBP to offset the
pandemic-related loss of customs and user fee revenue.
Section 543. The agreement includes a provision
appropriating an additional amount for CBP, ICE, and FEMA to
address Border Management requirements.
Section 544. The agreement includes a provision rescinding
unobligated balances from CBP and reappropriates such funds to
the Management Directorate for Joint Processing Centers.
Section 545. The agreement includes a provision rescinding
unobligated emergency funds from CBP and reappropriates such
funds to the Management Directorate for Joint Processing
Centers.
Section 546. The agreement includes a provision rescinding
unobligated balances from specified sources.
Section 547. The agreement includes a provision rescinding
lapsed balances pursuant to Section 505 of division F of Public
Law 116-133.
Section 548. The agreement includes a provision rescinding
unobligated balances from the Disaster Relief Fund.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
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