[House Prints, 117th Congress]
[From the U.S. Government Publishing Office]
_______________________________________________________________________
117th Congress
HOUSE OF REPRESENTATIVES
2d Session
_______________________________________________________________________
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 2 of 2
Divisions G-L
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 2022
______
U.S. GOVERNMENT PUBLISHING OFFICE
47-048 WASHINGTON : 2022
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 CHUCK FLEISCHMANN, Tennessee
CHELLIE PINGREE, Maine JAIME HERRERA BEUTLER, Washington
MIKE QUIGLEY, Illinois DAVID P. JOYCE, Ohio
DEREK KILMER, Washington ANDY HARRIS, Maryland
MATT CARTWRIGHT, Pennsylvania MARK E. AMODEI, Nevada
GRACE MENG, New York CHRIS STEWART, Utah
MARK POCAN, Wisconsin STEVEN M. PALAZZO, Mississippi
KATHERINE M. CLARK, Massachusetts DAVID G. VALADAO, California
PETE AGUILAR, California DAN NEWHOUSE, Washington
LOIS FRANKEL, Florida JOHN R. MOOLENAAR, Michigan
CHERI BUSTOS, Illinois JOHN H. RUTHERFORD, Florida
BONNIE WATSON COLEMAN, New Jersey BEN CLINE, Virginia
BRENDA L. LAWRENCE, Michigan GUY RESCHENTHALER, Pennsylvania
NORMA J. TORRES, California MIKE GARCIA, California
CHARLIE CRIST, Florida ASHLEY HINSON, Iowa
ANN KIRKPATRICK, Arizona TONY GONZALES, Texas
ED CASE, Hawaii
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
Provisions Applying to All Divisions of the Consolidated Act
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Page
Title I--Department of the Interior ....................... 1339
Title II--Environmental Protection Agency .................. 1371
Title III--Related Agencies ................................ 1381
Title IV--General Provisions ............................... 1401
DIVISION G--Explanatory Statement ........................... 1415
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I--Department of Labor ................................1667
Title II--Department of Health and Human Services ...........1688
Title III--Department of Education ........................ 1722
Title IV--Related Agencies .................................1735
Title V--General Provisions ................................1743
DIVISION H--Explanatory Statement ..........................1751
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022
Title I--Legislative Branch .............................. 2055
Title II--General Provisions ............................ .2077
DIVISION I--Explanatory Statement .........................2083
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Title I--Department of Defense .......................... 2127
Title II--Department of Veterans Affairs .................2140
Title III--Related Agencies ............................. 2161
Title IV--General Provisions ............................ 2162
DIVISION J--Explanatory Statement ....................... 2165
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2022
Title I--Department of State and Related Agency ..........2241
Title II--United States Agency for International
Development ................................................ 2251
Title III--Bilateral Economic Assistance ............... 2252
Title IV--International Security Assistance ............ 2259
Title V--Multilateral Assistance ...................... 2262
Title VI--Export and Investment Assistance ........... 2264
2264
Title VII--General Provisions .........................2268
DIVISION K--Explanatory Statement .....................2365
2365
(iii)
iv
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Page
Title I--Department of Transportation ...................... 2455
Title II--Department of Housing and Urban Development ....... 2498
Title III--Related Agencies ................................. 2540
Title IV--General Provisions--This Act ...................... 2542
DIVISION L--Explanatory Statement ............................2553
2553
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. 117-103).
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 0 through HH).
This compilation includes only the 12 divisions related to
regular appropriations matters (A-L). 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 117-103.
---------------------------------------------------------------------------
\1\ The House agreed to the amendment in two parts, first by a vote
of 361-69 (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
260-171, 1 present (Roll Call No. 66). The Senate agreed to the
amendment by a vote of 68-31 (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.''
---------------------------------------------------------------------------
\2\ The Explanatory Statement appears in Books III and IV of the
March 9, 2022 Congressional Record. (See pages H1709-H3215.)
---------------------------------------------------------------------------
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
=======================================================================
TWO BOOKS AND WILL HAVE TO SPILT THIS SECTION BETWEEN 1 AND 2
DEPENDING ON DIVISION BREAK deg.[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 H.R. 2471, CONSOLIDATED
APPROPRIATIONS ACT, 2022
The following is an explanation of the Consolidated
Appropriations Act, 2022. This Act includes 12 regular
appropriations bills for fiscal year 2022. The divisions
contained in this book are as follows:
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2022
Division H--Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2022
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
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
=======================================================================
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,281,940,000, to remain available until September
30, 2023; of which $79,035,000 for annual and deferred
maintenance and $137,093,000 for the wild horse and burro
program, as authorized by Public Law 92-195 (16 U.S.C. 1331 et
seq.), shall remain available until expended: Provided, That
amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses
associated with the processing of oil and gas applications for
permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year 2022,
so as to result in a final appropriation estimated at not more
than $1,281,940,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $117,283,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and
under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to
remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the
Interior to improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer, purchaser,
permittee, or any unauthorized person, without regard to
whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts
needed to repair damage to the exact land for which funds were
collected may be used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act
(43 U.S.C. 1721(b)), to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements, and reimbursable agreements with public
and private entities, including with States. Appropriations for
the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and
maintenance of necessary buildings and appurtenant facilities
to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of
other authorized functions related to such resources,
$1,451,545,000, to remain available until September 30, 2023:
Provided, That not to exceed $21,279,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amount
appropriated under this heading, $6,813,000, to remain
available until September 30, 2024, shall be for projects
specified for Stewardship Priorities in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That amounts in the
preceding proviso may be transferred to the appropriate
program, project, or activity under this heading and shall
continue to only be available for the purposes and in such
amounts as such funds were originally appropriated.
construction
(including rescission of funds)
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fish
and wildlife resources, and the acquisition of lands and
interests therein; $12,847,000, to remain available until
expended.
Of the unobligated balances from amounts made available under
this heading for construction, $1,240,000 is permanently
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $24,064,000,
to remain available until expended, to be derived from the
Cooperative Endangered Species Conservation Fund.
Of the unobligated balances from amounts made available under
this heading from the Cooperative Endangered Species
Conservation Fund, $945,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $48,500,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $20,000,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not
hunted or fished, $72,612,000, to remain available until
expended: Provided, That of the amount provided herein,
$6,000,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $7,362,000 is for a competitive grant
program to implement approved plans for States, territories,
and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall,
after deducting $13,362,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary of
the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio
to which the land area of such State bears to the total land
area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That
the amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That any amount apportioned in 2022 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2023, shall be reapportioned,
together with funds appropriated in 2024, in the manner
provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations and
funds available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed one
dollar for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction
of the Service and to which the United States has title, and
which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding 31 U.S.C. 3302, all fees collected for non-
toxic shot review and approval shall be deposited under the
heading ``United States Fish and Wildlife Service--Resource
Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of
such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until
expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of the
National Park Service, $2,767,028,000, of which $11,452,000 for
planning and interagency coordination in support of Everglades
restoration and $135,980,000 for maintenance, repair, or
rehabilitation projects for constructed assets and $188,184,000
for cyclic maintenance projects for constructed assets and
cultural resources and $5,000,000 for uses authorized by
section 101122 of title 54, United States Code shall remain
available until September 30, 2023: Provided, That funds
appropriated under this heading in this Act are available for
the purposes of section 5 of Public Law 95-348: Provided
further, That notwithstanding section 9 of the 400 Years of
African-American History Commission Act (36 U.S.C. note prec.
101; Public Law 115-102), $3,300,000 of the funds provided
under this heading shall be made available for the purposes
specified by that Act: Provided further, That sections (7)(b)
and (8) of that Act shall be amended by striking ``July 1,
2022'' and inserting ``July 1, 2023''.
In addition, for purposes described in section 2404 of Public
Law 116-9, an amount equal to the amount deposited in this
fiscal year into the National Park Medical Services Fund
established pursuant to such section of such Act, to remain
available until expended, shall be derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise provided
for, $83,910,000, to remain available until September 30, 2023,
of which $3,500,000 shall be for projects specified for
Statutory and Contractual Aid in the table titled ``Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54,
United States Code), $173,072,000, to be derived from the
Historic Preservation Fund and to remain available until
September 30, 2023, of which $26,500,000 shall be for Save
America's Treasures grants for preservation of nationally
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009
(54 U.S.C. 3089): Provided, That an individual Save America's
Treasures grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to
be funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations: Provided further, That of the funds provided
for the Historic Preservation Fund, $1,250,000 is for
competitive grants for the survey and nomination of properties
to the National Register of Historic Places and as National
Historic Landmarks associated with communities currently under-
represented, as determined by the Secretary; $26,375,000 is for
competitive grants to preserve the sites and stories of the
Civil Rights movement; $10,000,000 is for grants to
Historically Black Colleges and Universities; $10,000,000 is
for competitive grants for the restoration of historic
properties of national, State, and local significance listed on
or eligible for inclusion on the National Register of Historic
Places, to be made without imposing the usage or direct grant
restrictions of section 101(e)(3) (54 U.S.C. 302904) of the
National Historical Preservation Act; $10,000,000 is for a
competitive grant program to honor the semiquincentennial
anniversary of the United States by restoring and preserving
state-owned sites and structures listed on the National
Register of Historic Places that commemorate the founding of
the nation; and $15,272,000 is for projects specified for the
Historic Preservation Fund in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and
Indian tribes as defined in chapter 3003 of such title, Native
Hawaiian organizations, local governments, including Certified
Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$225,984,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2022 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for
the cost of adjustments and changes within the original scope
of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming
thresholds, prior to making any charges authorized by this
section.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge
cost share agreements, $15,000,000, to remain available until
expended, for Centennial Challenge projects and programs:
Provided, That not less than 50 percent of the total cost of
each project or program shall be derived from non-Federal
sources in the form of donated cash, assets, or a pledge of
donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until
expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 203. Transfers may
include a reasonable amount for FHWA administrative support
costs.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,394,360,000, to remain
available until September 30, 2023; of which $84,788,000 shall
remain available until expended for satellite operations; and
of which $74,664,000 shall be available until expended for
deferred maintenance and capital improvement projects that
exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in
cooperation with States and municipalities: Provided further,
That of the amount appropriated under this heading, $1,000,000
shall be for projects specified for Special Initiatives in the
table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
amounts in the preceding proviso may be transferred to the
appropriate program, project, or activity under this heading
and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations, observation wells,
and seismic equipment; expenses of the United States National
Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed
to represent the United States in the negotiation and
administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31,
United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees
for the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the
Outer Continental Shelf and approving operations related
thereto, as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and
for matching grants or cooperative agreements, $206,748,000, of
which $163,748,000 is to remain available until September 30,
2023, and of which $43,000,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities
conducted by the Bureau of Ocean Energy Management pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated
shall be reduced as such collections are received during the
fiscal year, so as to result in a final fiscal year 2022
appropriation estimated at not more than $163,748,000:
Provided further, That not to exceed $3,000 shall be available
for reasonable expenses related to promoting volunteer beach
and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way, and agreements for
use for oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf, as authorized by law;
for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or cooperative
agreements, $171,848,000, of which $147,848,000 is to remain
available until September 30, 2023, and of which $24,000,000 is
to remain available until expended, including $3,000,000 for
offshore decommissioning activities: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary of the Interior and credited to this appropriation
from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost
recovery fees from activities conducted by the Bureau of Safety
and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further,
That the sum herein appropriated shall be reduced as such
collections are received during the fiscal year, so as to
result in a final fiscal year 2022 appropriation estimated at
not more than $150,848,000: Provided further, That of the
unobligated balances from amounts made available under this
heading, $10,000,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
For an additional amount, $34,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in fiscal
year 2022, as provided in this Act: Provided, That to the
extent that amounts realized from such inspection fees exceed
$34,000,000, the amounts realized in excess of $34,000,000
shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2022,
not less than 50 percent of the inspection fees expended by the
Bureau of Safety and Environmental Enforcement will be used to
fund personnel and mission-related costs to expand capacity and
expedite the orderly development, subject to environmental
safeguards, of the Outer Continental Shelf pursuant to the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016;
title IV, sections 4202 and 4303; title VII; and title VIII,
section 8201 of the Oil Pollution Act of 1990, $15,099,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, $118,117,000, to remain available until September 30,
2023, of which $65,000,000 shall be available for state and
tribal regulatory grants: Provided, That appropriations for
the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of Public
Law 95-87 (30 U.S.C. 1257), $40,000, to remain available until
expended: Provided, That fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this
account as discretionary offsetting collections, to remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
collections are received during the fiscal year, so as to
result in a fiscal year 2022 appropriation estimated at not
more than $118,117,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$27,480,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department of
the Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal share
of the cost of projects funded by the Federal Government for
the purpose of environmental restoration related to treatment
or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with
the purposes and priorities of the Surface Mining Control and
Reclamation Act: Provided further, That amounts provided under
this heading may be used for the travel and per diem expenses
of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $122,500,000, to remain available until
expended, for grants to States and federally recognized Indian
Tribes for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further,
That of such additional amount, $79,890,000 shall be
distributed in equal amounts to the three Appalachian States
with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such section,
$31,956,000 shall be distributed in equal amounts to the three
Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,654,000 shall
be for grants to federally recognized Indian Tribes without
regard to their status as certified or uncertified under the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(a)), for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
and shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided
further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of
enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13) and the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
$1,820,334,000, to remain available until September 30, 2023,
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; of which not to exceed $78,494,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary of the Interior may
exceed such cap for welfare payments from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of federally
recognized Indian tribes may use their tribal priority
allocations for unmet welfare assistance costs: Provided
further, That not to exceed $59,182,000 shall remain available
until expended for housing improvement, road maintenance,
attorney fees, litigation support, land records improvement,
and the Navajo-Hopi Settlement Program: Provided further, That
of the amount appropriated under this heading, $1,250,000 shall
be for projects specified for Special Initiatives (CDS) in the
table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
any forestry funds allocated to a federally recognized tribe
which remain unobligated as of September 30, 2023, may be
transferred during fiscal year 2024 to an Indian forest land
assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided
further, That any such unobligated balances not so transferred
shall expire on September 30, 2024: Provided further, That in
order to enhance the safety of Bureau field employees, the
Bureau may use funds to purchase uniforms or other identifying
articles of clothing for personnel: Provided further, That the
Bureau of Indian Affairs may accept transfers of funds from
United States Customs and Border Protection to supplement any
other funding available for reconstruction or repair of roads
owned by the Bureau of Indian Affairs as identified on the
National Tribal Transportation Facility Inventory, 23 U.S.C.
202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land
consolidation as authorized under the Indian Land Consolidation
Act Amendments of 2000 (Public Law 106-462), and the American
Indian Probate Reform Act of 2004 (Public Law 108-374),
$7,000,000, to remain available until expended: Provided, That
any provision of the Indian Land Consolidation Act Amendments
of 2000 (Public Law 106-462) that requires or otherwise relates
to application of a lien shall not apply to the acquisitions
funded herein.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Bureau of Indian
Affairs and the Bureau of Indian Education for fiscal year
2022, such sums as may be necessary, which shall be available
for obligation through September 30, 2023: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year
2022, such sums as may be necessary, which shall be available
for obligation through September 30, 2023: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483;
$146,769,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act of
November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this
appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in
agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-
322; 130 Stat. 1749).
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 101-618, 114-322, 111-291 and
116-260, and for implementation of other land and water rights
settlements, $1,000,000, to remain available until expended,
which may be deposited, as necessary, into the Selis-Qlispe
Ksanka Settlement and the Navajo Utah Settlement Trust Funds
established by Public Law 116-260.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$11,833,000, to remain available until September 30, 2023, of
which $1,629,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed or
insured, not to exceed $103,456,940.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $1,017,601,000 to remain available until September 30,
2023, except as otherwise provided herein: Provided, That
federally recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $752,148,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2022, and shall
remain available until September 30, 2023: Provided further,
That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $89,450,000
within and only from such amounts made available for school
operations shall be available for administrative cost grants
associated with grants approved prior to July 1, 2022:
Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms
or other identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian education programs, including architectural
and engineering services by contract; acquisition of lands, and
interests in lands; $264,330,000 to remain available until
expended: Provided, That in order to ensure timely completion
of construction projects, the Secretary of the Interior may
assume control of a project and all funds related to the
project, if, not later than 18 months after the date of the
enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501,
et seq.) grantee receiving funds appropriated in this Act or in
any prior Act, has not completed the planning and design phase
of the project and commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian
Education may carry out the operation of Indian programs by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with
States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the
management, operation, and maintenance of the Power Division of
the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs or the Bureau of
Indian Education for central office oversight and Executive
Direction and Administrative Services (except Executive
Direction and Administrative Services funding for Tribal
Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau of
Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs or the Bureau of
Indian Education, this action shall not diminish the Federal
Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools under
25 U.S.C. 452 et seq., shall be available to support the
operation of any elementary or secondary school in the State of
Alaska.
No funds available to the Bureau of Indian Education shall be
used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was
reinstated in fiscal year 2012. Funds made available under this
Act may not be used to establish a charter school at a Bureau-
funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau
a pro rata share of funds to reimburse the Bureau for the use
of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school's operation and employees of a charter school shall not
be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106-113, if in
fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language
and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal
government which exclusively serve tribal members, do not
include grades beyond those currently served at the existing
Bureau-funded school, provide an educational environment with
educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal,
Federal, or State health and safety standards, and the
Americans with Disabilities Act, and demonstrate the benefits
of establishing operations at a satellite location in lieu of
incurring extraordinary costs, such as for transportation or
other impacts to students such as those caused by busing
students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs
for such assets that are not owned by the Bureau: Provided
further, That the term ``satellite school'' means a school
location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing
school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $109,572,000, to remain available until expended, of
which not to exceed $17,536,000 from this or any other Act, may
be available for historical accounting: Provided, That funds
for trust management improvements and litigation support may,
as needed, be transferred to or merged with the Bureau of
Indian Affairs, ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs''
accounts; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2022, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 15 months and has a balance of
$15 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $100,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this
account for this purpose: Provided further, That the Secretary
shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the
Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least 5 years and shall not be required
to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to
the eighth proviso, the Secretary shall continue to maintain
sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such
funds shall remain available to the individual account holders.
DEPARTMENTAL OFFICES
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $123,367,000, to remain available until
September 30, 2023; of which not to exceed $15,000 may be for
official reception and representation expenses; of which up to
$1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines; and of
which $12,341,000 for Indian land, mineral, and resource
valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource
valuation activities may, as needed, be transferred to and
merged with the Bureau of Indian Affairs ``Operation of Indian
Programs'' and Bureau of Indian Education ``Operation of Indian
Education Programs'' accounts and the Office of the Special
Trustee ``Federal Trust Programs'' account: Provided further,
That funds made available through contracts or grants obligated
during fiscal year 2022, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2022, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in Lieu
of Taxes Program: Provided, That the amounts provided under
this Act specifically for the Payments in Lieu of Taxes program
are the only amounts available for payments authorized under
chapter 69 of title 31, United States Code: Provided further,
That in the event the sums appropriated for any fiscal year for
payments pursuant to this chapter are insufficient to make the
full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be
made proportionally: Provided further, That the Secretary may
make adjustments to payment to individual units of local
government to correct for prior overpayments or underpayments:
Provided further, That no payment shall be made pursuant to
that chapter to otherwise eligible units of local government if
the computed amount of the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $113,477,000, of which: (1) $103,640,000 shall remain
available until expended for territorial assistance, including
general technical assistance, maintenance assistance, disaster
assistance, coral reef initiative and natural resources
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90
Stat. 272); and (2) $9,837,000 shall be available until
September 30, 2023, for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain
available until expended, as provided for in sections 221(a)(2)
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the Marshall
Islands and the Federated States of Micronesia, as authorized
by Public Law 99-658 and Public Law 108-188: Provided, That of
the funds appropriated under this heading, $5,000,000 is for
deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-
188 for adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108-188 and Public Law 104-134,
that are allocated for Guam, to the Secretary of Agriculture
for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred
for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds
shall remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such loans or loan guarantees may be
made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred
to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$94,998,000, to remain available until September 30, 2023.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$62,132,000, to remain available until September 30, 2023.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $1,026,097,000,
to remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That of the funds provided $227,000,000 is
for fuels management activities: Provided further, That of the
funds provided $22,470,000 is for burned area rehabilitation:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
fuels management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State,
local, or nonprofit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by
section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of
the Interior may use wildland fire appropriations to enter into
leases of real property with local governments, at or below
fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity
associated with the lease: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000
between the Departments when such transfers would facilitate
and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire
management, and related natural resource activities outside the
United States and its territories and possessions, including
technical assistance, education and training, and cooperation
with United States and international organizations: Provided
further, That of the funds provided under this heading
$383,657,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
4004(b)(5)(B) and section 4005(e)(2)(A) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression operations,
$330,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 4004(b)(5) and section 4005(e) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of Agriculture--Forest Service--Wildland
Fire Management'' and ``Department of the Interior--Department-
Wide Programs--Wildland Fire Management'' for wildfire
suppression operations in the fiscal year in which such amounts
are transferred: Provided further, That amounts may be
transferred to the ``Wildland Fire Management'' accounts in the
Department of Agriculture or the Department of the Interior
only upon the notification of the House and Senate Committees
on Appropriations that all wildfire suppression operations
funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law: Provided further, That, in determining whether all
wildfire suppression operations funds appropriated under the
heading ``Wildland Fire Management'' in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the previous proviso, any funds transferred or
permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response
action, including associated activities, performed pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.), $10,036,000, to remain
available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, remediate lands pursuant to section 40704
of Public Law 117-58 (135 Stat. 1093), and carry out the
purposes of section 349 of the Energy Policy Act of 2005 (42
U.S.C. 15907), as amended, $5,000,000, to remain available
until expended: Provided, That such amount shall be in
addition to amounts otherwise available for such purposes:
Provided further, That amounts appropriated under this heading
are available for program management and oversight of these
activities: Provided further, That the Secretary may transfer
the funds provided under this heading in this Act to any other
account in the Department to carry out such purposes, and may
expend such funds directly, or through grants: Provided
further, That these amounts are not available to fulfill
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) obligations agreed to in
settlement or imposed by a court, whether for payment of funds
or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,933,000, to remain available until
expended.
working capital fund
For the operation and maintenance of a departmental financial
and business management system, information technology
improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $91,436,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That the Secretary of the Interior may assess reasonable
charges to State, local, and tribal government employees for
training services provided by the National Indian Program
Training Center, other than training related to Public Law 93-
638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment, or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title
40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of
the National Indian Program Training Center: Provided further,
That all funds received pursuant to the two preceding provisos
shall be credited to this account, shall be available until
expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training Center:
Provided further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties,
fees, and other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase, or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $169,640,000, to remain available until
September 30, 2023; of which $68,151,000 shall remain available
until expended for the purpose of mineral revenue management
activities: Provided, That notwithstanding any other provision
of law, $15,000 shall be available for refunds of overpayments
in connection with certain Indian leases in which the Secretary
of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary of the Interior,
for the emergency reconstruction, replacement, or repair of
aircraft, buildings, utilities, or other facilities or
equipment damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly
as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this
title, in addition to the amounts included in the budget
programs of the several agencies, for the suppression or
emergency prevention of wildland fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with their
use for wildland fire operations, with such reimbursement to be
credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire suppression'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly
as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from
which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code, when
authorized by the Secretary of the Interior, in total amount
not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement
vehicles; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any
unobligated balances from prior appropriations Acts made under
the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities.
Total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate
Committees on Appropriations within 60 days of the expenditure
or transfer of any funds under this section, including the
amount expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2022. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein, including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts, or other agreements for the
use of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2022, the Secretary of the
Interior shall collect a nonrefundable inspection fee, which
shall be deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in place
at the start of the fiscal year. Fees for fiscal year 2022
shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with
any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells,
with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2022. Fees for fiscal year
2022 shall be--
(1) $30,500 per inspection for rigs operating in
water depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in
water depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-
rig units as outlined in title 30 CFR 250 subparts D, E, F, and
Q shall be assessed for all inspections completed in fiscal
year 2022. Fees for fiscal year 2022 shall be--
(1) $13,260 per inspection for non-rig units
operating in water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units
operating in water depths between 500 and 2,499 feet;
and
(3) $4,470 per inspection for non-rig units operating
in water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (c) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (d) with payment required by the end of the
following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41,
United States Code (except that the 5-year term restriction in
subsection (a) shall not apply), for the long-term care and
maintenance of excess wild free roaming horses and burros by
such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years,
subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and
endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are
released from federally operated or federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2022, in carrying out work involving cooperation
with State, local, and tribal governments or any political
subdivision thereof, Indian Affairs may record obligations
against accounts receivable from any such entities, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available at the end of the
fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title
V of the Older Americans Act of 1965 to utilize the talents of
older Americans in programs authorized by other provisions of
law administered by the Secretary and consistent with such
provisions of law.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals
currently employed by the Department, including partial
displacement through reduction of non-overtime hours,
wages, or employment benefits;
(2) result in the use of an individual under the
Department of the Interior Experienced Services Program
for a job or function in a case in which a Federal
employee is in a layoff status from the same or
substantially equivalent job within the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department
of the Interior shall be available for obligation and
expenditure not later than 60 days after the date of enactment
of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices and
bureaus affected by the reorganization only in conformance with
the reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code,
shall be applied by substituting ``fiscal year 2022'' for
``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in which
the Bureau of Safety and Environmental Enforcement or the
Bureau of Ocean Energy Management prescribes or approves any
departure or use of alternate procedure or equipment, in
regards to a plan or permit, under 30 CFR 585.103; 30 CFR
550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the
head of such bureau shall post a description of such departure
or alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business
days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the
State of Virginia or the District of Columbia for the purpose
of the construction of rail and other infrastructure relating
to the Long Bridge Project, the Secretary of the Interior may
convey to the State or the District of Columbia, as applicable,
all right, title, and interest of the United States in and to
any portion of the approximately 4.4 acres of National Park
Service land depicted as ``Permanent Impact to NPS Land'' on
the Map dated May 15, 2020, that is identified by the State or
the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National
Park Service land under subsection (a) shall be subject to any
terms and conditions that the Secretary may require. If such
conveyed land is no longer being used for the purposes
specified in this section, the lands or interests therein shall
revert to the National Park Service after they have been
restored or remediated to the satisfaction of the Secretary.
(c) Corrections.--The Secretary and the State or the District
of Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National
Park Service land to be conveyed to the State or the
District of Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to
in subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge
Project'' means the rail project, as identified by the
Federal Railroad Administration, from Rosslyn (RO)
Interlocking in Arlington, Virginia, to L'Enfant (LE)
Interlocking in Washington, DC, which includes a
bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the National Park Service.
(3) State.--The term ``State'' means the State of
Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or
Federal regulation, federally recognized Indian tribes or
authorized tribal organizations that receive Tribally-
Controlled School Grants pursuant to Public Law 100-297 may
obtain interagency motor vehicles and related services for
performance of any activities carried out under such grants to
the same extent as if they were contracting under the Indian
Self-Determination and Education Assistance Act.
delaware water gap authority
Sec. 118. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of
Public Law 115-101, shall be applied by substituting ``2022''
for ``2021''.
national heritage areas and corridors
Sec. 119. (a) Section 126 of Public Law 98-398, as amended
(98 Stat. 1456; 120 Stat. 1853), is further amended by striking
``the date that is 15 years after the date of enactment of this
section'' and inserting ``2023''.
(b) Section 10 of Public Law 99-647, as amended (100 Stat.
3630; 104 Stat. 1018; 120 Stat. 1858; 128 Stat. 3804), is
further amended by striking ``2021'' and inserting ``2023''.
(c) Section 12 of Public Law 100-692, as amended (102 Stat.
4558; 112 Stat. 3258; 123 Stat. 1292; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3801), is further amended--
(1) in subsection (c)(1), by striking ``2021'' and
inserting ``2023''; and
(2) in subsection (d), by striking ``2021'' and
inserting ``2023''.
(d) Section 106(b) of Public Law 103-449, as amended (108
Stat. 4755; 113 Stat. 1726; 123 Stat. 1291; 128 Stat. 3802), is
further amended by striking ``2021'' and inserting ``2023''.
(e) Division II of Public Law 104-333 (54 U.S.C. 320101
note), as amended, is further amended by striking ``2021'' each
place it appears in the following sections and inserting
``2023''--
(1) in section 107 (110 Stat. 4244; 127 Stat. 420;
128 Stat. 314; 128 Stat. 3801);
(2) in section 408 (110 Stat. 4256; 127 Stat. 420;
128 Stat. 314; 128 Stat. 3801);
(3) in section 507 (110 Stat. 4260; 127 Stat. 420;
128 Stat. 314; 128 Stat. 3801);
(4) in section 707 (110 Stat. 4267; 127 Stat. 420;
128 Stat. 314; 128 Stat. 3801);
(5) in section 809 (110 Stat. 4275; 122 Stat. 826;
127 Stat. 420; 128 Stat. 314; 128 Stat. 3801);
(6) in section 910 (110 Stat. 4281; 127 Stat. 420;
128 Stat. 314; 128 Stat. 3801);
(7) in section 310 (110 Stat. 4252; 127 Stat. 420;
128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat.
778);
(8) in section 607 (110 Stat. 4264; 127 Stat. 420;
128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat.
778-779); and
(9) in section 208 (110 Stat. 4248; 127 Stat. 420;
128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat.
778).
(f) Section 109 of Public Law 105-355, as amended (112 Stat.
3252; 128 Stat. 3802), is further amended by striking ``2021''
and inserting ``2023''.
(g) Public Law 106-278 (54 U.S.C. 320101 note), as amended,
is further amended--
(1) in section 108 (114 Stat. 818; 127 Stat. 420; 128
Stat. 314; 128 Stat. 3802) by striking ``2021'' and
inserting ``2023''.
(2) in section 209 (114 Stat. 824; 128 Stat. 3802) by
striking ``2021'' and inserting ``2023''.
(h) Section 157(i) of Public Law 106-291, as amended (114
Stat. 967; 128 Stat. 3802), is further amended by striking
``2021'' and inserting ``2023''.
(i) Section 7 of Public Law 106-319, as amended (114 Stat.
1284; 128 Stat. 3802), is further amended by striking ``2021''
and inserting ``2023''.
(j) Section 811 of title VIII of appendix D of Public Law
106-554, as amended (114 Stat. 2763, 2763A-295; 128 Stat.
3802), is further amended by striking ``2021'' and inserting
``2023''.
(k) Section 140(j) of Public Law 108-108, as amended (117
Stat. 1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778), is
further amended by striking ``2021'' and inserting ``2023''.
(l) Title II of Public Law 109-338 (54 U.S.C. 320101 note;
120 Stat. 1787-1845), as amended, is further amended--
(1) in each of sections 208, 221, 240, 260, 269, 289,
291J, 295L and 297H by striking ``the date that is 15
years after the date of enactment of this Act'' and
inserting ``September 30, 2023''; and
(2) in section 280B by striking ``the day occurring
15 years after the date of the enactment of this
subtitle'' and inserting ``September 30, 2023''.
(m) Section 810(a)(1) of title VIII of division B of appendix
D of Public Law 106-554, as amended (114 Stat. 2763; 123 Stat.
1295; 131 Stat. 461; 133 Stat. 2714), is further amended by
striking ``$14,000,000'' and inserting ``$16,000,000''.
(n) Section 125(a) of title IV of Public Law 109-338 (120
Stat. 1853) is amended by striking ``$10,000,000'' and
inserting ``$12,000,000''.
(o) Section 210(a) of title II of Public Law 106-278 (114
Stat. 824) is amended by striking ``$10,000,000'' and inserting
``$12,000,000''.
(p) Section 804(j) of division B of H.R. 5666 (Appendix D) as
enacted into law by section 1(a)(4) of Public Law 106-554, as
amended (54 U.S.C. 320101 note; 114 Stat. 2763, 2763A-295; 123
Stat. 1294; 128 Stat. 3802; 131 Stat. 461; 133 Stat. 2714), is
further amended by striking ``September 30, 2021'' and
inserting ``September 30, 2037''.
(q) Section 295D(d) of Public Law 109-338, as amended (54
U.S.C. 320101 note; 120 Stat. 1833; 130 Stat. 962), is further
amended by striking ``15 years after the date of enactment of
this Act'' and inserting ``on September 30, 2037''.
study for selma to montgomery national historic trail
Sec. 120. (a) Study.--The Secretary of the Interior
(Secretary) shall conduct a study to evaluate--
(1) resources associated with the 1965 Voting Rights
March from Selma to Montgomery not currently part of
the Selma to Montgomery National Historic Trail (Trail)
(16 U.S.C. 1244(a)(20)) that would be appropriate for
addition to the Trail; and
(2) the potential designation of the Trail as a unit
of the National Park System instead of, or in addition
to, remaining a designated part of the National Trails
System.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the House
and Senate Committees on Appropriations, the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes the results of the study and the
conclusions and recommendations of the study.
(c) Land Acquisition.--The Secretary is authorized, subject
to the availability of appropriations and at her discretion, to
acquire property or interests therein located in the city of
Selma, Alabama and generally depicted on the map entitled,
``Selma to Montgomery NHT Proposed Addition,'' numbered 628/
177376 and dated September 14, 2021, with the consent of the
owner, for the benefit of the Selma to Montgomery National
Historic Trail and to further the purpose for which the trail
has been established.
exhaustion of administrative review
Sec. 121. Paragraph (1) of section 122(a) of division E of
Public Law 112-74 (125 Stat. 1013) is amended by striking
``through 2022,'' in the first sentence and inserting ``through
2024.''.
appraiser pay authority
Sec. 122. For fiscal year 2022, funds made available in this
or any other Act or otherwise made available to the Department
of the Interior for the Appraisal and Valuation Services Office
may be used by the Secretary of the Interior to establish
higher minimum rates of basic pay for employees of the
Department of the Interior in the Appraiser (GS-1171) job
series at grades 11 through 15 carrying out appraisals of real
property and appraisal reviews conducted in support of the
Department's realty programs at rates no greater than 15
percent above the minimum rates of basic pay normally
scheduled, and such higher rates shall be consistent with
subsections (e) through (h) of section 5305 of title 5, United
States Code.
sage-grouse
Sec. 123. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; hire,
maintenance, and operation of aircraft; and other operating
expenses in support of research and development, $750,174,000,
to remain available until September 30, 2023: Provided, That
of the funds included under this heading, $11,430,000 shall be
for Research: National Priorities as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which
$2,930,000 shall be for projects specified for Science and
Technology in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including
necessary expenses not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit
program under section 2301 of the Water and Waste Act of 2016;
and not to exceed $9,000 for official reception and
representation expenses, $2,964,025,000, to remain available
until September 30, 2023: Provided, That of the funds included
under this heading, $25,700,000 shall be for Environmental
Protection: National Priorities as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
of the funds included under this heading, $587,192,000 shall be
for Geographic Programs specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That funds included
under this heading may be used for environmental justice
implementation and training grants, and associated program
support costs.
In addition, $9,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year 2022
shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated
in this paragraph from the general fund for fiscal year 2022
shall be reduced by the amount of discretionary offsetting
receipts received during fiscal year 2022, so as to result in a
final fiscal year 2022 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent that amounts realized from such receipts exceed
$9,000,000, those amount in excess of $9,000,000 shall be
deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2022, shall be retained and
used for necessary salaries and expenses in this account, and
shall remain available until expended: Provided further, That
of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount
of any fees appropriated, not less than the amount of
appropriations for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $44,030,000, to remain available until September 30,
2023.
Buildings and Facilities
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use
by, the Environmental Protection Agency, $34,752,000, to remain
available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and
(e)(4) (42 U.S.C. 9611), and hire, maintenance, and operation
of aircraft, $1,232,850,000, to remain available until
expended, consisting of such sums as are available in the Trust
Fund on September 30, 2021, and not otherwise appropriated from
the Trust Fund, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA) and
up to $1,232,850,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies
in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,800,000
shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2023, and
$30,985,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2023.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, $92,293,000, to remain available
until expended, of which $66,924,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized
by section 9003(h) of the Solid Waste Disposal Act; $25,369,000
shall be for carrying out the other provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally recognized Indian
tribes for the development and implementation of programs to
manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, including hire, maintenance, and operation of
aircraft, $20,262,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,351,573,000, to remain
available until expended, of which--
(1) $1,638,826,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act;
and of which $1,126,088,000 shall be for making
capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That $443,639,051 of the funds
made available for capitalization grants for the Clean
Water State Revolving Funds and $397,766,044 of the
funds made available for capitalization grants for the
Drinking Water State Revolving Funds shall be for the
construction of drinking water, wastewater, and storm
water infrastructure and for water quality protection
in accordance with the terms and conditions specified
for such grants in the explanatory statement described
in section 4 (in the matter preceding division A of
this consolidated Act) for projects specified for
``STAG--Drinking Water SRF'', ``STAG--Clean Water
SRF'', and ``STAG--Drinking Water SRF; Clean Water
SRF'' in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), and, for purposes of these grants,
each grantee shall contribute not less than 20 percent
of the cost of the project unless the grantee is
approved for a waiver by the Agency: Provided further,
That for fiscal year 2022, to the extent there are
sufficient eligible project applications and projects
are consistent with State Intended Use Plans, not less
than 10 percent of the funds made available under this
title to each State for Clean Water State Revolving
Fund capitalization grants shall be used by the State
for projects to address green infrastructure, water or
energy efficiency improvements, or other
environmentally innovative activities: Provided
further, That for fiscal year 2022, funds made
available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may,
at the discretion of each State, be used for projects
to address green infrastructure, water or energy
efficiency improvements, or other environmentally
innovative activities: Provided further, That the
Administrator is authorized to use up to $1,500,000 of
funds made available for the Clean Water State
Revolving Funds under this heading under Title VI of
the Federal Water Pollution Control Act (33 U.S.C.
1381) to conduct the Clean Watersheds Needs Survey:
Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water
pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in
fiscal year 2022 and prior years where such amounts
represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of
the fund, including administration: Provided further,
That for fiscal year 2022, notwithstanding the
provisions of subsections (g)(1), (h), and (l) of
section 201 of the Federal Water Pollution Control Act,
grants made under title II of such Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas,
the United States Virgin Islands, and the District of
Columbia may also be made for the purpose of providing
assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for
any proposed project for the construction of treatment
works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving
one or more principal residences or small commercial
establishments: Provided further, That for fiscal year
2022, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and
section 518(c) of the Federal Water Pollution Control
Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution
Control Act may also be used to provide assistance: (1)
solely for facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments:
Provided further, That for fiscal year 2022,
notwithstanding any provision of the Federal Water
Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds
reserved by the Administrator for grants under section
518(c) of such Act may also be used for grants for
training, technical assistance, and educational
programs relating to the operation and management of
the treatment works specified in section 518(c) of such
Act: Provided further, That for fiscal year 2022,
funds reserved under section 518(c) of such Act shall
be available for grants only to Indian tribes, as
defined in section 518(h) of such Act and former Indian
reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That
for fiscal year 2022, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of
the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts
in section 1452(i) of the Safe Drinking Water Act, up
to a total of 2 percent of the funds appropriated, or
$20,000,000, whichever is greater, for State Revolving
Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and
section 1452(i) of such Acts: Provided further, That
for fiscal year 2022, notwithstanding the amounts
specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be
reserved by the Administrator for grants made under
title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern
Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2022, notwithstanding the
limitations on amounts specified in section 1452(j) of
the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants
made under section 1452(j) of the Safe Drinking Water
Act: Provided further, That 10 percent of the funds
made available under this title to each State for Clean
Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to
provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest
loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are
provided as initial financing for an eligible recipient
or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt
was incurred on or after the date of enactment of this
Act, or where such debt was incurred prior to the date
of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds
could be used to help address a threat to public health
from heightened exposure to lead in drinking water or
if a Federal or State emergency declaration has been
issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply
before the date of enactment of this Act: Provided
further, That in a State in which such an emergency
declaration has been issued, the State may use more
than 14 percent of the funds made available under this
title to the State for Drinking Water State Revolving
Fund capitalization grants to provide additional
subsidy to eligible recipients: Provided further, That
notwithstanding section 1452(o) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(o)), the Administrator
shall reserve $12,000,000 of the amounts made available
for fiscal year 2022 for making capitalization grants
for the Drinking Water State Revolving Funds to pay the
costs of monitoring for unregulated contaminants under
section 1445(a)(2)(C) of such Act;
(2) $32,000,000 shall be for architectural,
engineering, planning, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of
the United States-Mexico Border, after consultation
with the appropriate border commission: Provided, That
no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the
United States-Mexico border shall be made available to
a county or municipal government unless that government
has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction
the development or construction of any additional
colonia areas, or the development within an existing
colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure;
(3) $39,186,000 shall be for grants to the State of
Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native
Villages: Provided, That of these funds: (A) the State
of Alaska shall provide a match of 25 percent; (B) no
more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the
Statewide priority list established in conjunction with
the Agency and the U.S. Department of Agriculture for
all water, sewer, waste disposal, and similar projects
carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which
shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $91,987,000 shall be to carry out section 104(k)
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA),
including grants, interagency agreements, and
associated program support costs: Provided, That at
least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That
for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20
percent or more of its population living in poverty
over the past 30 years, as measured by the 1993 Small
Area Income and Poverty Estimates, the 2000 decennial
census, and the most recent Small Area Income and
Poverty Estimates, or any territory or possession of
the United States;
(5) $92,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $61,927,000 shall be for targeted airshed grants
in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(7) $27,158,000 shall be for grants under subsections
(a) through (j) of section 1459A of the Safe Drinking
Water Act (42 U.S.C. 300j-19a);
(8) $27,500,000 shall be for grants under section
1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d));
(9) $22,011,000 shall be for grants under section
1459B of the Safe Drinking Water Act (42 U.S.C. 300j-
19b);
(10) $5,000,000 shall be for grants under section
1459A(l) of the Safe Drinking Water Act (42 U.S.C.
300j-19a(l));
(11) $20,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(b)(8));
(12) $43,000,000 shall be for grants under section
221 of the Federal Water Pollution Control Act (33
U.S.C. 1301);
(13) $4,000,000 shall be for grants under section
4304(b) of the America's Water Infrastructure Act of
2018 (Public Law 115-270);
(14) $2,500,000 shall be for carrying out section
302(a) of the Save Our Seas 2.0 Act (33 U.S.C.
4283(a)), of which not more than 2 percent shall be for
administrative costs to carry out such section:
Provided, That notwithstanding section 302(a) of such
Act, the Administrator may also provide grants pursuant
to such authority to intertribal consortia consistent
with the requirements in 40 CFR 35.504(a), to former
Indian reservations in Oklahoma (as determined by the
Secretary of the Interior), and Alaska Native Villages
as defined in Public Law 92-203;
(15) $4,000,000 shall be for grants under section
103(b)(3) of the Clean Air Act for wildfire smoke
preparedness grants in accordance with the terms and
conditions in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, not more than 3 percent
shall be for administrative costs to carry out such
section;
(16) $1,099,384,000 shall be for grants, including
associated program support costs, to States, federally
recognized Tribes, interstate agencies, tribal
consortia, and air pollution control agencies for
multi-media or single media pollution prevention,
control and abatement, and related activities,
including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection
activities subject to terms and conditions specified by
the Administrator, and under section 2301 of the Water
and Waste Act of 2016 to assist States in developing
and implementing programs for control of coal
combustion residuals, of which: $46,195,000 shall be
for carrying out section 128 of CERCLA; $9,336,000
shall be for Environmental Information Exchange Network
grants, including associated program support costs;
$1,475,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall
be in addition to funds appropriated under the heading
``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $18,000,000 of the funds available
for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation
in national- and State-level statistical surveys of
water resources and enhancements to State monitoring
programs; and
(17) $15,006,000 shall be for State and Tribal
Assistance Grants to be allocated in the amounts
specified for those projects and for the purposes
delineated in the table titled ``Interior and
Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act) for remediation,
construction, and related environmental management
activities in accordance with the terms and conditions
specified for such grants in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act).
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $63,500,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made
available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed
loans for projects described in section 5026(9) of the Water
Infrastructure Finance and Innovation Act of 2014 to State
infrastructure financing authorities, as authorized by section
5033(e) of such Act: Provided further, That the use of direct
loans or loan guarantee authority under this heading for direct
loans or commitments to guarantee loans for any project shall
be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth
proviso under the heading ``Water Infrastructure Finance and
Innovation Program Account'' in division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified
in advance in writing that the direct loan or loan guarantee,
as applicable, and the project comply with the criteria
referenced in the previous proviso: Provided further, That,
for the purposes of carrying out the Congressional Budget Act
of 1974, the Director of the Congressional Budget Office may
request, and the Administrator shall promptly provide,
documentation and information relating to a project identified
in a Letter of Interest submitted to the Administrator pursuant
to a Notice of Funding Availability for applications for credit
assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment of
this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance and
Innovation Act of 2014 shall be deposited in this account, to
remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act of
2014, $6,026,000, to remain available until September 30, 2023.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2022, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally recognized Indian
tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8),
to remain available until expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for
fiscal year 2022.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g)
for fiscal year 2022, to remain available until expended.
The Administrator is authorized to transfer up to
$348,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement
with the head of such Federal department or agency to carry out
these activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2022, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated
for any fiscal year under section 319 of the Act to make grants
to Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2022 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $2,000,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
Section 122(b)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9622(b)(3)), shall be applied by inserting before the period:
``, including for the hire, maintenance, and operation of
aircraft.''.
The Environmental Protection Agency Working Capital Fund,
established by Public Law 104-204 (42 U.S.C. 4370e), is
available for expenses and equipment necessary for
modernization and development of information technology of, or
for use by, the Environmental Protection Agency.
For fiscal year 2022, the Office of Chemical Safety and
Pollution Prevention and the Office of Water may, using funds
appropriated under the headings ``Environmental Programs and
Management'' and ``Science and Technology'', contract directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary
or intermittent personal services of students or recent
graduates, who shall be considered employees for the purposes
of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171
of title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purpose: Provided, That amounts used for this purpose by the
Office of Chemical Safety and Pollution Prevention and the
Office of Water collectively may not exceed $2,000,000.
During each of fiscal years 2022 through 2025, the
Administrator may, after consultation with the Office of
Personnel Management, employ up to seventy-five persons at any
one time in the Office of Research and Development and twenty-
five persons at any one time in the Office of Chemical Safety
and Pollution Prevention under the authority provided in 42
U.S.C. 209.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $1,000,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries and
expenses are available to fund up to one administrative support
staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,069,086,000, to remain available through
September 30, 2025: Provided, That a portion of the funds made
available under this heading shall be for the base salary and
expenses of employees in the Chief's Office, the Work
Environment and Performance Office, the Business Operations
Deputy Area, and the Chief Financial Officer's Office to carry
out administrative and general management support functions:
Provided further, That funds provided under this heading shall
be available for the costs of facility maintenance, repairs,
and leases for buildings and sites where these administrative,
general management and other Forest Service support functions
take place; the costs of all utility and telecommunication
expenses of the Forest Service, as well as business services;
and, for information technology, including cyber security
requirements: Provided further, That funds provided under this
heading may be used for necessary expenses to carry out
administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $296,616,000, to remain available through
September 30, 2025: Provided, That of the funds provided,
$22,197,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management, and
conducting an international program and trade compliance
activities as authorized, $315,198,000, to remain available
through September 30, 2025, as authorized by law, of which
$29,955,500 shall be for projects specified for Forest Resource
Information and Analysis in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands, $1,866,545,000,
to remain available through September 30, 2025: Provided, That
of the funds provided, $28,000,000 shall be deposited in the
Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f):
Provided further, That for the funds provided in the preceding
proviso, section 4003(d)(3)(A) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be
applied by substituting ``20'' for ``10'' and section
4003(d)(3)(B) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting
``4'' for ``2'': Provided further, That of the funds provided,
$38,000,000 shall be for forest products: Provided further,
That of the funds provided, $187,388,000 shall be for hazardous
fuels management activities, of which not to exceed $20,000,000
may be used to make grants, using any authorities available to
the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $20,000,000 may be used by the Secretary
of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forest Restoration Act, Public Law 106-393, title VI,
shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the
``State and Private Forestry'' appropriation: Provided
further, That notwithstanding section 33 of the Bankhead Jones
Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture,
in calculating a fee for grazing on a National Grassland, may
provide a credit of up to 50 percent of the calculated fee to a
Grazing Association or direct permittee for a conservation
practice approved by the Secretary in advance of the fiscal
year in which the cost of the conservation practice is
incurred, and that the amount credited shall remain available
to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and
each fiscal year thereafter for use on the project for
conservation practices approved by the Secretary: Provided
further, That funds appropriated to this account shall be
available for the base salary and expenses of employees that
carry out the functions funded by the ``Capital Improvement and
Maintenance'' account, the ``Range Betterment Fund'' account,
and the ``Management of National Forest Lands for Subsistence
Uses'' account.
Capital Improvement and Maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $159,049,000, to remain available through
September 30, 2025, for construction, capital improvement,
maintenance, and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That $5,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): Provided further, That
$10,867,000 shall be for projects specified for Construction
Projects in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided further, That funds becoming available in fiscal year
2022 under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury and shall not
be available for transfer or obligation for any other purpose
unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public
school districts, or other public school authorities, and for
authorized expenditures from funds deposited by non-Federal
parties pursuant to Land Sale and Exchange Acts, pursuant to
the Act of December 4, 1967 (16 U.S.C. 484a), to remain
available through September 30, 2025, (16 U.S.C. 516-617a,
555a; Public Law 96-586; Public Law 76-589, Public Law 76-591;
and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, to remain available
through September 30, 2025, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2025, to be derived from
the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $1,099,000, to remain available through
September 30, 2025.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System lands and
water, $2,005,106,000, to remain available until expended:
Provided, That such funds including unobligated balances under
this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds
appropriated in a previous fiscal year for hazardous fuels
management may be transferred to the ``National Forest System''
account: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That of the funds provided under this heading, $1,011,000,000
shall be available for wildfire suppression operations, and is
provided to meet the terms of section 4004(b)(5)(B) and section
4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations,
$2,120,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 4004(b)(5) and section 4005(e) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' and ``Department of
Agriculture--Forest Service--Wildland Fire Management'' for
wildfire suppression operations in the fiscal year in which
such amounts are transferred: Provided further, That amounts
may be transferred to the ``Wildland Fire Management'' accounts
in the Department of the Interior or the Department of
Agriculture only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will
be transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law: Provided further, That, in determining whether all
wildfire suppression operations funds appropriated under the
heading ``Wildland Fire Management'' in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the previous proviso, any funds transferred or
permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public
Law 115-334), shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be
available to cover the costs described in subsection (c)(3) of
such section of such Act, and shall remain available until
expended: Provided, That such amounts shall be transferred to
the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft to maintain the
operable fleet for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein
pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (6) the cost of uniforms as authorized by
5 U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service
budget restructure outlined in section 435 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94): Provided, That any transfer of funds pursuant to this
paragraph shall not increase or decrease the funds appropriated
to any account in this fiscal year by more than ten percent:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days: Provided,
That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management,
hazardous fuels management, and State fire assistance when such
transfers would facilitate and expedite wildland fire
management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water: Provided, That such transferred funds shall
remain available through September 30, 2025: Provided further,
That none of the funds transferred pursuant to this section
shall be available for obligation without written notification
to and the prior approval of the Committees on Appropriations
of both Houses of Congress.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
government, private sector, and international organizations.
The Forest Service, acting for the International Program, may
sign direct funding agreements with foreign governments and
institutions as well as other domestic agencies (including the
U.S. Agency for International Development, the Department of
State, and the Millennium Challenge Corporation), United States
private sector firms, institutions and organizations to provide
technical assistance and training programs on forestry and
rangeland management: Provided, That to maximize effectiveness
of domestic and international research and cooperation, the
International Program may utilize all authorities related to
forestry, research, and cooperative assistance regardless of
program designations.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and
adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to
designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing in
this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
information technology services, including telecommunications
and system modifications or enhancements, from the Working
Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within the
scope of the approved budget, which shall be carried out by the
Youth Conservation Corps and shall be carried out under the
authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721
et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593,
of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the
Forest Service mission, without regard to when the Foundation
incurs expenses, for projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That of the Federal funds made available to the Foundation, no
more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain,
by the end of the period of Federal financial assistance,
private contributions to match funds made available by the
Forest Service on at least a one-for-one basis: Provided
further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to
when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That such funds shall be matched on at least a one-for-one
basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and
section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums requested
for transfer.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.) and administered by the Forest Service shall be
considered to be a Federal employee for purposes of chapter 171
of title 28, United States Code.
Funds appropriated to the Forest Service shall be available
to pay, from a single account, the base salary and expenses of
employees who carry out functions funded by other accounts for
Enterprise Program, Geospatial Technology and Applications
Center, remnant Natural Resource Manager, and National
Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education
Assistance Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with respect
to the Indian Health Service, $4,660,658,000, to remain
available until September 30, 2023, except as otherwise
provided herein, together with payments received during the
fiscal year pursuant to sections 231(b) and 233 of the Public
Health Service Act (42 U.S.C. 238(b)and 238b), for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,500,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$984,887,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, up to $46,000,000 shall remain available until
expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That of the funds provided, $58,000,000 shall
be for costs related to or resulting from accreditation
emergencies, including supplementing activities funded under
the heading ``Indian Health Facilities,'' of which up to
$4,000,000 may be used to supplement amounts otherwise
available for Purchased/Referred Care: Provided further, That
the amounts collected by the Federal Government as authorized
by sections 104 and 108 of the Indian Health Care Improvement
Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal
year for breach of contracts shall be deposited in the Fund
authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding
section 108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall
be available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of that Act (25
U.S.C. 1613a and 1616a): Provided further, That the amounts
made available within this account for the Substance Abuse and
Suicide Prevention Program, for Opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing
subsidy authority for civilian employees, for Aftercare Pilot
Programs at Youth Regional Treatment Centers, for
transformation and modernization costs of the Indian Health
Service Electronic Health Record system, for national quality
and oversight activities, to improve collections from public
and private insurance at Indian Health Service and tribally
operated facilities, for an initiative to treat or reduce the
transmission of HIV and HCV, for a maternal health initiative,
for the Telebehaviorial Health Center of Excellence, for
Alzheimer's grants, for Village Built Clinics, for a produce
prescription pilot, and for accreditation emergencies shall be
allocated at the discretion of the Director of the Indian
Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used
for annual contracts and grants that fall within 2 fiscal
years, provided the total obligation is recorded in the year
the funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended for
the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further,
That funding contained herein for scholarship programs under
the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under title
IV of the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health
Service, and from tribes and tribal organizations operating
health facilities pursuant to Public Law 93-638, such
individually identifiable health information relating to
disabled children as may be necessary for the purpose of
carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided
further, That of the funds provided, $74,138,000 is for the
Indian Health Care Improvement Fund and may be used, as needed,
to carry out activities typically funded under the Indian
Health Facilities account: Provided further, That none of the
funds appropriated by this Act, or any other Act, to the Indian
Health Service for the Electronic Health Record system shall be
available for obligation or expenditure for the selection or
implementation of a new Information Technology infrastructure
system, unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 90 days in advance
of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Indian Health
Service for fiscal year 2022, such sums as may be necessary:
Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available
for transfer to another budget account: Provided further, That
amounts obligated but not expended by a tribe or tribal
organization for contract support costs for such agreements for
the current fiscal year shall be applied to contract support
costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year
2022, such sums as may be necessary, which shall be available
for obligation through September 30, 2023: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
indian health facilities
For construction, repair, maintenance, demolition,
improvement, and equipment of health and related auxiliary
facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites,
purchase and erection of modular buildings, and purchases of
trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with respect
to environmental health and facilities support activities of
the Indian Health Service, $940,328,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation, or expansion of health facilities for
the benefit of an Indian tribe or tribes may be used to
purchase land on which such facilities will be located:
Provided further, That not to exceed $500,000 may be used by
the Indian Health Service to purchase TRANSAM equipment from
the Department of Defense for distribution to the Indian Health
Service and tribal facilities: Provided further, That of the
amount appropriated under this heading for fiscal year 2022 for
Sanitation Facilities Construction, $40,171,000 shall be for
projects specified for Sanitation Facilities Construction (CDS)
in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
none of the funds appropriated to the Indian Health Service may
be used for sanitation facilities construction for new homes
funded with grants by the housing programs of the United States
Department of Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints; purchase,
renovation, and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services;
uniforms, or allowances therefor as authorized by 5 U.S.C.
5901-5902; and for expenses of attendance at meetings that
relate to the functions or activities of the Indian Health
Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be
available without fiscal year limitation: Provided further,
That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act
and Public Law 93-638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes,
shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none
of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That
notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title
V of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and
thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further,
That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain
available until expended: Provided further, That
reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead costs associated
with the provision of goods, services, or technical assistance:
Provided further, That the Indian Health Service may provide
to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to
those that would be provided to members of the Commissioned
Corps of the United States Public Health Service serving in
similar positions at such hospitals: Provided further, That
the appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and
Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $82,540,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) and section 3019 of the Solid Waste Disposal Act,
$80,500,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing,
clinical evaluations, medical monitoring, and referral to
accredited healthcare providers: Provided further, That in
performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not
be bound by the deadlines in section 104(i)(6)(A) of CERCLA:
Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of
40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2022, and existing profiles may be updated
as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of
1969, the Environmental Quality Improvement Act of 1970, and
Reorganization Plan No. 1 of 1977, and not to exceed $750 for
official reception and representation expenses, $4,200,000:
Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of
one member, appointed by the President, by and with the advice
and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed the
per diem equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376, $13,400,000: Provided,
That the Chemical Safety and Hazard Investigation Board (Board)
shall have not more than three career Senior Executive Service
positions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position of
Inspector General of the Environmental Protection Agency (EPA)
shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$3,150,000, to remain available until expended, which shall be
derived from unobligated balances from prior year
appropriations available under this heading: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of
Public Law 93-531 (88 Stat. 1716).
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A of
title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$11,741,000, which shall become available on July 1, 2022, and
shall remain available until September 30, 2023.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more
than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of
uniforms for employees, $852,215,000, to remain available until
September 30, 2023, except as otherwise provided herein; of
which not to exceed $12,798,000 for the instrumentation
program, collections acquisition, exhibition reinstallation,
Smithsonian American Women's History Museum, National Museum of
the American Latino, and the repatriation of skeletal remains
program shall remain available until expended; and including
such funds as may be necessary to support American overseas
research centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments, as rent
payable to the Smithsonian Institution, and such rent payments
may be deposited into the general trust funds of the
Institution to be available as trust funds for expenses
associated with the purchase of a portion of the building at
600 Maryland Avenue, SW, Washington, DC, to the extent that
federally supported activities will be housed there: Provided
further, That the use of such amounts in the general trust
funds of the Institution for such purpose shall not be
construed as Federal debt service for, a Federal guarantee of,
a transfer of risk to, or an obligation of the Federal
Government: Provided further, That no appropriated funds may
be used directly to service debt which is incurred to finance
the costs of acquiring a portion of the building at 600
Maryland Avenue, SW, Washington, DC, or of planning, designing,
and constructing improvements to such building: Provided
further, That any agreement entered into by the Smithsonian
Institution for the sale of its ownership interest, or any
portion thereof, in such building so acquired may not take
effect until the expiration of a 30 day period which begins on
the date on which the Secretary of the Smithsonian submits to
the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House
Administration and Transportation and Infrastructure of the
House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the
explanatory statement described in section 4 of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $210,000,000, to
remain available until expended, of which not to exceed $10,000
shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, 76th
Congress), including services as authorized by 5 U.S.C. 3109;
payment in advance when authorized by the treasurer of the
Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms for
guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901-5902); purchase
or rental of devices and services for protecting buildings and
contents thereof, and maintenance, alteration, improvement, and
repair of buildings, approaches, and grounds; and purchase of
services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising,
with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may
deem proper, $156,419,000, to remain available until September
30, 2023, of which not to exceed $3,775,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for
operating lease agreements of no more than 10 years, with no
extensions or renewals beyond the 10 years, that address space
needs created by the ongoing renovations in the Master
Facilities Plan, as authorized, $24,081,000, to remain
available until expended: Provided, That of this amount,
$11,458,000 shall be available for design and construction of
an off-site art storage facility in partnership with the
Smithsonian Institution and may be transferred to the
Smithsonian Institution for such purposes: Provided further,
That contracts awarded for environmental systems, protection
systems, and exterior repair or renovation of buildings of the
National Gallery of Art may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
John f. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing Arts,
$27,000,000, to remain available until September, 30, 2023.
capital repair and restoration
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $13,440,000, to remain
available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5
U.S.C. 3109, $15,000,000, to remain available until September
30, 2023.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $180,000,000 shall
be available to the National Endowment for the Arts for the
support of projects and productions in the arts, including arts
education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act,
for program support, and for administering the functions of the
Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $180,000,000 to
remain available until expended, of which $164,400,000 shall be
available for support of activities in the humanities, pursuant
to section 7(c) of the Act and for administering the functions
of the Act; and $15,600,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the
Act, including $13,600,000 for the purposes of section 7(h):
Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, devises of
money, and other property accepted by the chairman or by
grantees of the National Endowment for the Humanities under the
provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have
not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the
National Foundation on the Arts and the Humanities may be used
for official reception and representation expenses: Provided
further, That funds from nonappropriated sources may be used as
necessary for official reception and representation expenses:
Provided further, That the Chairperson of the National
Endowment for the Arts may approve grants of up to $10,000, if
in the aggregate the amount of such grants does not exceed 5
percent of the sums appropriated for grantmaking purposes per
year: Provided further, That such small grant actions are
taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts
to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91
of title 40, United States Code, $3,328,000: Provided, That
the Commission is authorized to charge fees to cover the full
costs of its publications, and such fees shall be credited to
this account as an offsetting collection, to remain available
until expended without further appropriation: Provided
further, That the Commission is authorized to accept gifts,
including objects, papers, artwork, drawings and artifacts,
that pertain to the history and design of the Nation's Capital
or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds
provided under this heading may be used for official reception
and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000: Provided, That the item relating to
``National Capital Arts and Cultural Affairs'' in the
Department of the Interior and Related Agencies Appropriations
Act, 1986, as enacted into law by section 101(d) of Public Law
99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2022
in the second paragraph by inserting ``, calendar year 2020
excluded'' before the first period: Provided further, That in
determining an eligible organization's annual income for
calendar years 2021 and 2022, funds or grants received by the
eligible organization from any supplemental appropriations Act
related to coronavirus or any other law providing
appropriations for the purpose of preventing, preparing for, or
responding to coronavirus shall be counted as part of the
eligible organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,255,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,750,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting international
visitors engaged in the planning and physical development of
world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106-292 (36 U.S.C. 2301-2310), $62,616,000, of
which $715,000 shall remain available until September 30, 2024,
for the Museum's equipment replacement program; and of which
$3,000,000 for the Museum's repair and rehabilitation program
and $1,264,000 for the Museum's outreach initiatives program
shall remain available until expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), in an amount not to exceed $40,000,000.
World War I Centennial Commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission, $1,000,000,
to remain available until September 30, 2023: Provided, That
in addition to the authority provided by section 6(g) of such
Act, the World War I Commission may accept money, in-kind
personnel services, contractual support, or any appropriate
support from any executive branch agency for activities of the
Commission.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States
Semiquincentennial Commission to plan and coordinate
observances and activities associated with the 250th
anniversary of the founding of the United States, as authorized
by Public Law 116-282, the technical amendments to Public Law
114-196, $8,000,000, to remain available until expended.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this
paragraph as the ``Commission''), $200,000 to remain available
until September 30, 2023: Provided, That in addition to the
authority provided by section 3(g)(5) and 3(h) of Public Law
114-244, the Commission may hereafter accept in-kind personnel
services, contractual support, or any appropriate support from
any executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves, or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2023, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Department of
the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of Land
Management to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2022.
contract support costs, fiscal year 2022 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2022
under the headings ``Department of Health and Human Services,
Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2022
with the Bureau of Indian Affairs, Bureau of Indian Education,
and the Indian Health Service: Provided, That such amounts
provided by this Act are not available for payment of claims
for contract support costs for prior years, or for repayments
of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of the
plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33
of title 41, United States Code, or Chapter 137 of title 10,
United States Code, and the Federal Acquisition Regulation,
unless--
(1) Federal law specifically authorizes a contract to
be entered into without regard for these requirements,
including formula grants for States, or federally
recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq.) or by any other Federal
laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a
group, unless the application is specific to the
contents of the season, including identified programs
or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line
(as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act of
1965--
(1) the Chairperson shall establish a grant category
for projects, productions, workshops, or programs that
are of national impact or availability or are able to
tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of grants
to improve and support community-based music
performance and education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the
status of balances of appropriations including all uncommitted,
committed, and unobligated funds in each program and activity
within 60 days of enactment of this Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public
Law 108-108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to
administration under section 402 of the Federal Lands Policy
and Management Act (43 U.S.C. 1752), shall remain in effect for
fiscal year 2022.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by
the Bureau of Land Management, or the Secretary of Agriculture,
with respect to land administered by the Forest Service
(referred to in this section as the ``Secretary concerned''),
may transfer excess wild horses and burros that have been
removed from land administered by the Secretary concerned to
other Federal, State, and local government agencies for use as
work animals.
(b) The Secretary concerned may make a transfer under
subsection (a) immediately on the request of a Federal, State,
or local government agency.
(c) An excess wild horse or burro transferred under
subsection (a) shall lose status as a wild free-roaming horse
or burro (as defined in section 2 of Public Law 92-195
(commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall
not--
(1) destroy the horse or burro in a manner that
results in the destruction of the horse or burro into a
commercial product;
(2) sell or otherwise transfer the horse or burro in
a manner that results in the destruction of the horse
or burro for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of
severe injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for--
(1) the destruction of any healthy, unadopted, and
wild horse or burro under the jurisdiction of the
Secretary concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in
the destruction of the wild horse or burro for
processing into a commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting ``September 30,
2022'' for ``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment
works unless all of the iron and steel products used in the
project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of
cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based on
the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the
requirements of this section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding section 121(c) of
title 40, United States Code, or section 521 of title 40,
United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management program
to such organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2023'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on
Appropriations in accordance with the reprogramming procedures
contained in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74
shall be applied by substituting ``fiscal year 2022'' for
``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161
(121 Stat 1844), as amended, shall be applied by substituting
``fiscal year 2022'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting
``September 30, 2022'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 426. The authority provided by the 19th unnumbered
paragraph under heading ``Administrative Provisions, Forest
Service'' in title III of Public Law 109-54, as amended, shall
be applied by substituting ``fiscal year 2022'' for ``fiscal
year 2019''.
forest botanical products fee collection authorization extension
Sec. 427. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law
by Public Law 106-113; 16 U.S.C. 528 note), as amended by
section 335(6) of Public Law 108-108 and section 432 of Public
Law 113-76, shall be applied by substituting ``fiscal year
2022'' for ``fiscal year 2019''.
chaco canyon
Sec. 428. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under 43
CFR 3120.3 et seq., or to offer for oil and gas leasing, any
Federal lands within the withdrawal area identified on the map
of the Chaco Culture National Historical Park prepared by the
Bureau of Land Management and dated April 2, 2019, prior to the
completion of the cultural resources investigation identified
in the explanatory statement described in section 4 in the
matter preceding division A of the Consolidated Appropriations
Act, 2021 (Public Law 116-260).
tribal leases
Sec. 429. (a) Notwithstanding any other provision of law, in
the case of any lease under section 105(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5324(l)),
the initial lease term shall commence no earlier than the date
of receipt of the lease proposal.
(b) The Secretaries of the Interior and Health and Human
Services shall, jointly or separately, during fiscal year 2022
consult with tribes and tribal organizations through public
solicitation and other means regarding the requirements for
leases under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)) on how to
implement a consistent and transparent process for the payment
of such leases.
forest ecosystem health and recovery fund
Sec. 430. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law
111-88, as amended by section 117 of division F of Public Law
113-235, shall be applied by substituting ``fiscal year 2022''
for ``fiscal year 2020'' each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 431. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available
from the National Parks and Public Land Legacy Restoration Fund
for fiscal year 2022 pursuant to subsection (c) of section
200402 of title 54, United States Code, and as provided in
subsection (e) of such section of such title, to the agencies
of the Department of the Interior and the Department of
Agriculture specified, in the amounts specified, for the
stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds:
National Parks and Public Land Legacy Restoration Fund Fiscal
Year 2022'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the
Secretary of the Interior and the Secretary of
Agriculture, as appropriate, shall allocate amounts
made available for expenditure from the Land and Water
Conservation Fund for fiscal year 2022 pursuant to
subsection (a) of section 200303 of title 54, United
States Code, to the agencies and accounts specified, in
the amounts specified, and for the projects and
activities specified in the table titled ``Allocation
of Funds: Land and Water Conservation Fund Fiscal Year
2022'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(b) Except as otherwise provided by subsection (c) of this
section, neither the President nor his designee may allocate
any amounts that are made available for any fiscal year under
subsection (c) of section 200402 of title 54, United States
Code, or subsection (a) of section 200303 of title 54, United
States Code, other than in amounts and for projects and
activities that are allocated by subsections (a)(1) and (a)(2)
of this section: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation of
amounts for continuing administration of programs allocated
funds from the National Parks and Public Land Legacy
Restoration Fund or the Land and Water Conservation Fund, which
may be allocated only in amounts that are no more than the
allocation for such purposes in subsections (a)(1) and (a)(2)
of this section.
(c) The Secretary of the Interior and the Secretary of
Agriculture may reallocate amounts from each agency's
``Contingency Fund'' line in the table titled ``Allocation of
Funds: National Parks and Public Land Legacy Restoration Fund
Fiscal Year 2022'' to any project funded by the National Parks
and Public Land Legacy Restoration Fund within the same agency,
from any fiscal year, that experienced a funding deficiency due
to unforeseen cost overruns, in accordance with the following
requirements:
(1) ``Contingency Fund'' amounts may only be
reallocated if there is a risk to project completion
resulting from unforeseen cost overruns;
(2) ``Contingency Fund'' amounts may only be
reallocated for cost of adjustments and changes within
the original scope of effort for projects funded by the
National Parks and Public Land Legacy Restoration Fund;
and
(3) The Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the
Committees on Appropriations 30 days before taking any
actions authorized by this subsection if the amount
reallocated from the ``Contingency Fund'' line for a
project is projected to be 10 percent or greater than
the following, as applicable:
(A) The amount allocated to that project in
the table titled ``Allocation of Funds:
National Parks and Public Land Legacy
Restoration Fund Fiscal Year 2022'' in the
explanatory statement described in section 4
(in the matter preceding division A of this
consolidated Act); or
(B) The initial estimate in the most recent
report submitted, prior to enactment of this
Act, to the Committees on Appropriations
pursuant to section 434(e) of Division G of the
Consolidated Appropriations Act, 2021 (Public
Law 116-260).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2023, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets for the projects in the
``Submission of Annual List of Projects to Congress'' required
by section 200402(h) of title 54, United States Code:
Provided, That the ``Submission of Annual List of Projects to
Congress'' must include a ``Contingency Fund'' line for each
agency within the allocations defined in subsection (e) of
section 200402 of title 54, United States Code: Provided
further, That in the event amounts allocated by this Act or any
prior Act for the National Parks and Public Land Legacy
Restoration Fund are no longer needed to complete a specified
project, such amounts may be reallocated in such submission to
that agency's ``Contingency Fund'' line: Provided further,
That any proposals to change the scope of or terminate a
previously approved project must be clearly identified in such
submission.
(2)(A) Concurrent with the annual budget submission
of the President for fiscal year 2023, the Secretary of
the Interior and the Secretary of Agriculture shall
each submit to the Committees on Appropriations of the
House of Representatives and the Senate a list of
supplementary allocations for Federal land acquisition
and Forest Legacy Projects at the National Park
Service, the U.S. Fish and Wildlife Service, the Bureau
of Land Management, and the U.S. Forest Service that
are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United
States Code, that are prioritized and detailed by
account, program, and project, and that total no less
than half the full amount allocated to each account for
that land management Agency under the allocations
submitted under section 200303(c)(1) of title 54,
United States Code: Provided, That in the event
amounts allocated by this Act or any prior Act pursuant
to subsection (a) of section 200303 of title 54, United
States Code are no longer needed because a project has
been completed or can no longer be executed, such
amounts must be clearly identified if proposed for
reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest
Legacy projects in the ``Submission of Cost
Estimates'' required by section 200303(c)(1) of
title 54, United States Code, and on the list
of supplementary allocations required by
subparagraph (A) shall be comprised only of
projects for which a willing seller has been
identified and for which an appraisal or market
research has been initiated.
(C) Concurrent with the annual budget
submission of the President for fiscal year
2023, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to
the Committees on Appropriations of the House
of Representatives and the Senate project data
sheets in the same format and containing the
same level of detailed information that is
found on such sheets in the Budget
Justifications annually submitted by the
Department of the Interior with the President's
Budget for the projects in the ``Submission of
Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code,
and in the same format and containing the same
level of detailed information that is found on
such sheets submitted to the Committees
pursuant to section 427 of division D of the
Further Consolidated Appropriations Act, 2020
(Public Law 116-94) for the list of
supplementary allocations required by
subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of
the House of Representatives and Senate quarterly reports on
the status of balances of projects and activities funded by the
National Parks and Public Land Legacy Restoration Fund for
amounts allocated pursuant to subsection (a)(1) of this section
and the status of balances of projects and activities funded by
the Land and Water Conservation Fund for amounts allocated
pursuant to subsection (a)(2) of this section, including all
uncommitted, committed, and unobligated funds, and, for amounts
allocated pursuant to subsection (a)(1) of this section,
National Parks and Public Land Legacy Restoration Fund amounts
reallocated pursuant to subsection (c) of this section.
policies relating to biomass energy
Sec. 432. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency
shall, consistent with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal
departments and agencies; and
(B) recognizes the full benefits of the use
of forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use
of forest biomass as an energy solution, including
policies that--
(A) reflect the carbon neutrality of forest
bioenergy and recognize biomass as a renewable
energy source, provided the use of forest
biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout
the forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve
forest health; and
(D) recognize State initiatives to produce
and use forest biomass.
small remote incinerators
Sec. 433. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect
to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a
subsequent regulation is issued, the Administrator shall
implement the law and regulations in effect prior to such date.
timber sale requirements
Sec. 434. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and
stumpage costs and provide a normal profit and risk allowance
under the Forest Service's appraisal process) when appraised
using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at prevailing export prices at the election of the timber sale
holder.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 435. Funds made available or allocated in this Act or
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
to the Department of the Interior or the Department of
Agriculture that are subject to the allocations and limitations
in 54 U.S.C. 200402(e) and prohibitions in 54 U.S.C. 200402(f)
may be further allocated or reallocated to the Federal Highway
Administration for transportation projects of the covered
agencies defined in 54 U.S.C. 200401(2).
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42
U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any
other law.
designation of lewis peak
Sec. 439. The unnamed sub-peak of Mount Whitney, adjacent to
``Crooks Peak'', and located at 36 34' 24'' N, 118 17' 23'' W
in the Inyo National Forest in the State of California shall be
known and designated as ``Lewis Peak''. Any reference in any
law, regulation, document, record, map, or other paper of the
United States to the peak shall be considered to be a reference
to ``Lewis Peak''.
wildland fire administrative funding
Sec. 440. The sixth proviso under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire
Management'' in title VI of division J of Public Law 117-58 is
amended by striking ``salaries, expenses, and'': Provided,
That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2022''.
[Clerk's note.--Reproduced below is the material relating
to division G 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 H2477 of
Book IV.
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DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
The following statement is an explanation of the effects of
Division G, which provides appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related agencies
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 117-83
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.
In cases where the House report or this joint explanatory
statement direct the submission of a report, such report is to
be submitted to both the House and Senate Committees on
Appropriations. Where this joint explanatory statement refers
to the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee on
Interior, Environment, and Related Agencies and the Senate
Subcommittee on Interior, Environment, and Related Agencies.
Each department and agency funded in this Act is directed
to follow the directions set forth in this Act and the
accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this Act.
This joint explanatory statement addresses only those agencies
and accounts for which there is a need for greater explanation
than provided in the Act itself. Funding levels for
appropriations by account, program, and activity, with
comparisons to the fiscal year 2021 enacted level and the
fiscal year 2022 budget request, can be found in the table at
the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Continued Directives.--The Committees continue the
directives in the explanatory statement accompanying Public Law
116-94 regarding Everglades Restoration and Domestic Production
of Critical Minerals. Directives regarding Transparency of
Information Regarding Grants, Agreements, Research, and
Conferences Attendance in the explanatory statement
accompanying Public Law 116-260 are also continued.
Deferred Maintenance.--The Department of the Interior and
the Forest Service are directed to maintain updated 5-year
deferred maintenance plans that, to the extent practicable,
include a list of all outstanding deferred maintenance needs,
and to provide them to the Committees on a quarterly basis.
Disaster Recovery Needs.--The Committees direct the
Department of the Interior and the other agencies funded in
this bill to establish quarterly reporting requirements for
their component bureaus, regions, offices, and programs, as
appropriate, to maintain up-to-date comprehensive information
for supplemental funding needs related to disaster recovery.
Federal Lands Recreation Enhancement Act.--The Department
of the Interior and the Forest Service are directed to annually
post on a centralized agency website the list of Federal Lands
Recreation Enhancement Act (FLREA) (Public Law 108-447)
projects and activities performed in each fiscal year, which
should include a project or activity title, description,
location, and amount obligated. Each land management agency
that is unable to complete this directive shall submit a report
to the Committees within 90 days of enactment of this Act
detailing the specific steps the agency plans to take to secure
the capabilities needed to provide proper transparency on the
spending of FLREA funds.
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.
Firefighting Aviation Contracts.--In light of the receipt
of the report directed in the explanatory statement
accompanying the Consolidated Appropriations Act, 2021 (Public
Law 116-260), the Forest Service and the Department of the
Interior are urged to continue working with relevant
stakeholders to evaluate ways to address impediments on the use
of long-term contracts and other contracting strategies or
approaches for wildland fire suppression activities.
Great American Outdoors Act.--At the end of this
explanatory statement, the Committees have included allocation
of projects pursuant to the Great American Outdoors Act (Public
Law 116-152).
Mitigation Activities from Border Barrier Construction.--
The agreement does not include direction requiring a report on
the impacts of border barrier construction.
Training, Hiring, and Public Lands Education in Alaska.--
The directive in Public Law 116-94 regarding conducting annual
Alaska National Interest Lands Conservation Act training by the
Department of the Interior and the Forest Service is continued.
The Committees also recognize the importance of Alaska Public
Land Information Centers as partners and tools to educate the
public regarding Alaska's unique public lands and encourages
the agencies to look for opportunities to strengthen these
critical partnerships.
Tribal Lease Payments.--The Committees are aware of recent
litigation in Federal courts regarding what constitutes
reasonable lease costs under the 105(l) program. As part of the
consultation required by language in Title IV of this Act, the
Indian Health Service and the Department of the Interior are
expected to consult with Tribes and Tribal organizations
regarding agency regulations and policies that determine the
amount of space and other standards necessary to carry out
Federal programs under a section 105(l) lease, and to ensure
that such regulations and policies are consistent, transparent,
and clearly communicated to affected Tribes. The Service and
the Department are expected to periodically update the
Committees on the status of the consultation.
Wild Horses and Burros.--The Wild Free-Roaming Horses and
Burros Act of 1971 conferred primary responsibility for wild
horses across the rangelands of the American West to the Bureau
of Land Management (BLM). However, given the challenges posed
by rising horse populations coupled with degraded range,
climate change, and invasive species, the consequences of
inaction will have a cascading impact on all plants, animals,
and people that share these lands and finite resources. This is
a national crisis on our public lands and requires the
expertise and resources of various bureaus and agencies; BLM
should not shoulder the responsibility alone. To address this
urgent problem, the Secretary of the Interior is directed to
establish a task force with representation from the Bureau of
Land Management, U.S. Fish and Wildlife Service, U.S.
Geological Survey, and any other Bureau the Secretary deems
appropriate. In subsequent years, task force membership will be
expanded to include representatives of the U.S. Department of
Agriculture and other agencies with essential skills and
expertise. Any strategy or recommendation of the task force
will not include any sale or actions that result in the
destruction of healthy animals, which continues to be
prohibited by this bill and should be in line with the goals
and strategies of the Bureau of Land Management's May 2020
report to Congress on achieving a sustainable program through
aggressive, non-lethal population control strategy (May 2020
report). The Secretary is to report to the Committees within 90
days of enactment of this Act on the establishment of this task
force and a proposed meeting schedule. The Bureau of Land
Management is to report to the Committees on a quarterly basis
on the status of this program, staffing updates, and the work
of the task force.
LAND AND WATER CONSERVATION FUND
With the August 4, 2020, enactment of the Great American
Outdoors Act (Public Law 116-152), Congress provided a
permanent appropriation of $900,000,000 per year from the Land
and Water Conservation Fund (LWCF). The Act also mandated that
account allocations and detailed project information be
proposed by the administration each year through the
President's annual budget submission, and that such
allocations, following review by the Committees on
Appropriations, may be modified through an alternate
allocation. A detailed table showing the LWCF allocation by
agency, account, activity, and project, including lists of
specific Federal land acquisition projects and Forest Legacy
Program projects, including congressionally directed spending,
accompanies this explanatory statement. The agencies are
expected to continue to follow the directions included in the
explanatory statement accompanying the Consolidated
Appropriations Act, 2021 (Public Law 116-260) under General
Implementation, except that no funds are provided for
acquisition contingencies. Specific additional directions
follow.
Fish and Wildlife Service.--The Service is expected to
provide outreach to all units of the National Wildlife Refuge
System, including Clarks, McKinney, Ottawa, Loxahatchee, and
Edwards, to ensure these refuges are aware of all funding
opportunities available. There is an accumulating backlog of
parcels available at Clarks River National Wildlife Refuge and
the Service is strongly encouraged to begin the proper due
diligence work in order for the refuge to access available
funding opportunities. The newly-established Green River
National Wildlife Refuge is eligible for funding under the
recreational access and inholding lines and the Service is
encouraged to use these additional funding tools at Green
River, as it does for other refuge units. The Service is also
encouraged to consider habitat conservation plan land
acquisition applications that enhance efforts to establish
State research forests through the Cooperative Endangered
Species Conservation Fund. Further, the Service should utilize
available funding from the recreational access and inholding/
emergencies and hardships lines to account for any additional
project cost need as identified on the fiscal year 2022 ranked
project list.
National Park Service.--The Service is directed to report
to the Committees within 90 days of enactment of this Act on a
strategy for obligating balances in the State Conservation
Grant formula and competitive programs from fiscal year 2018
and prior years that are not associated with any particular
State's allocation. The Service is further directed to submit a
report within 180 days of enactment of this Act detailing the
recommendations developed by a working group of interested
stakeholders to assist States in managing their obligations and
compliance responsibilities related to LWCF, as addressed in
Senate Report 116-123.
The Service requested and received approval to reprogram
Acquisition funds in fiscal year 2021 which adjusted projects
on the fiscal year 2022 agency priority list. The Service is
encouraged to use the non-project subactivity lines as
appropriate to complete any additional projects associated with
the reprogramming and subsequent adjustments, including
acquisitions at Harpers Ferry, Petroglyph, Congaree, and
Sleeping Bear Dunes. The Ste. Genevieve National Historical
Park was designated as a new park unit in October 2020 and the
Service is encouraged to provide outreach to the community so
that interested stakeholders are aware of available acquisition
funding opportunities.
Forest Legacy Program.--The Forest Service is directed to
use a portion of unobligated balances from fiscal year 2018 and
prior years as needed to complete all of the projects listed in
the table accompanying this explanatory statement. Use of
additional unobligated balances may be proposed in accordance
with the Committees' established reprogramming guidelines for
projects included in the supplemental list submitted to the
Committees pursuant to Public Law 116-220 but not specifically
listed in the table.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department of
the Interior, Environment, and Related Agencies Appropriations
Act. The agencies funded in this Act are reminded that these
reprogramming guidelines are in effect, and must be complied
with, until such time as the Committees modify them through
bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one budget
activity, budget line-item, or program area to another within
any appropriation funded in this Act. In cases where either the
House or Senate Committee on Appropriations report displays an
allocation of an appropriation below that level, the more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes all proposed reorganizations or
other workforce actions detailed below which affect a total of
10 staff members or 10 percent of the staffing of an affected
program or office, whichever is less, even without a change in
funding. Any change to the organization table presented in the
budget justification shall also be subject to this requirement.
Agencies are reminded that this agreement continues
longstanding General Guidelines for Reprogramming that require
agencies funded by this Act to submit reorganization proposals
for the Committees' review prior to their implementation. It is
noted that such reprogramming guidelines apply to proposed
reorganizations, workforce restructure, reshaping, transfer of
functions, or bureau-wide downsizing and include closures,
consolidations, and relocations of offices, facilities, and
laboratories. In addition, no agency shall implement any part
of a reorganization that modifies regional or State boundaries
for agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated personnel
impacts and funding changes anticipated to implement the
proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the project
or the activity until the next appropriation year would result
in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval will be
considered as expeditiously as possible, and the Committees
remind the agencies that in order to process reprogramming
requests, adequate and timely information must be provided.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected programs
or projects, whichever amount is less, with the following
exceptions:
(a) With regard to the Tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than 60
days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants or up to a cumulative total of $5,000,000
from carryover balances among the individual program areas
delineated in the Environmental Programs and Management
account, with no more than $1,000,000 coming from any
individual program area. No funds, however, shall be
reallocated from individual Geographic Programs.(c) With regard
to the National Park Service, the Committees do not require
reprogramming requests associated with the park base within the
Park Management activity in the Operation of the National Park
System Account. The Service is required to brief the House and
Senate Committees on Appropriations on spending trends for the
park base within 60 days of enactment of this Act.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to a
budget activity or budget line item for costs associated with
general agency administrative costs, overhead costs, working
capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees in the budget
justifications and are subsequently approved by the Committees.
The explanation for any assessment in the budget justification
shall show the amount of the assessment, the activities
assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process and shall be
subject to the same dollar and reporting criteria as any other
reprogramming.
(c) Each agency or bureau which utilizes assessments shall
submit an annual report to the Committees, which provides
details on the use of all funds assessed from any other budget
activity, line item, subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or limited
by Congress or to finance programs or activities that could be
foreseen and included in the normal budget review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees. This restriction applies
to all such actions regardless of whether a formal
reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall be
reported to the Committees within 60 days of the end of each
quarter and shall include cumulative totals for each budget
activity or budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value, as addressed in section 301(3) of Public Law 91-646,
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees have
had 30 days in which to examine the proposed exchange. In
addition, the Committees shall be provided advance notification
of exchanges valued between $500,000 and $1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Management of Lands and Resources (MLR).--The bill provides
$1,281,940,000 for the Management of Lands and Resources
appropriation. All programs and activities are funded at the
amounts enacted in fiscal year 2021 unless otherwise specified
below or in the table at the end of this division. Fixed costs
are provided. The Bureau is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 117-83 unless otherwise specified below.
While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless
expressly provided herein.
Wild Horse and Burro Program.--The bill provides
$137,093,000 for the Wild Horse and Burro program, of which up
to $11,000,000 shall be used for administration of and research
on reversible immunocontraceptive fertility control. This
agreement continues support for the Bureau's May 2020 report on
achieving a sustainable program through an aggressive, non-
lethal population control strategy and emphasizes the need for
adequate staffing to execute the program. The Bureau is
expected to continue and expand efforts in line with the May
2020 report. Along with the directives in House Report 117-83,
this includes increased gathers which will also help implement
the vaccine strategy, improving on-range removal capacity, and
securing a greater number of less costly and longer-term off-
range holding facilities and pastures. The Bureau is strongly
encouraged to leverage funding through public-private
partnerships with the help of the Foundation for America's
Public Lands. The Bureau shall continue to abide by the
Comprehensive Animal Welfare Program and the statutory
restrictions on sale without restriction. Direction for a Wild
Horse and Burro Task Force and regular and timely briefings are
outlined in the beginning of this division and in the Office of
the Secretary.
Wildlife Habitat Management.--The agreement provides
$140,747,000 which includes $10,600,000 for Plant Conservation
and Restoration, $70,000,000 for sage-grouse habitat, and
$31,000,000 for Threatened and Endangered Species. The Bureau
is encouraged to ramp up its use of reporting tools to gain a
better understanding of completed recovery efforts and to
provide annual species expenditure reporting information to the
U.S. Fish and Wildlife Service.
Recreation Management.--The agreement provides $78,928,000
which includes $3,097,000 for National Wild and Scenic Rivers
and $6,547,000 for National Scenic and Historic Trails.
Energy and Minerals.--The agreement provides $216,535,000.
Legacy Wells.--The agreement provides no less than
$22,100,000 for legacy well remediation to maintain program
capacity and continue progress toward cleanup of the next
cluster of legacy wells in need of remediation. The report,
``National Petroleum Reserve in Alaska: 2020 Legacy Wells
Strategic Plan,'' is appreciated, as is the Bureau's continued
commitment to coordinate with State and local regulators.
Locatable Minerals.--Any Bureau review of regulations on
mineral production should include regulations governing
locatable mineral activities.
Oil and Gas Management.--The Bureau is directed to brief
the Committees on the Department's review of the onshore oil
and gas leasing program and any planned actions as a result of
it within 120 days of enactment of this Act. Further, the
Bureau is directed to increase staffing and resources necessary
to support improvements to the oil and gas program.
Renewable Energy.--The agreement directs the Bureau to
brief the Committees within 90 days of enactment of this Act on
any planned rulemakings and how those interact with or support
the directives contained in Public Law 116-260 on renewable
energy and the competitive leasing rule.
Resource Protection and Maintenance.--The agreement
provides $136,140,000 which includes $3,343,000 for abandoned
mine land sites.
Transportation and Facilities Maintenance.--The agreement
provides $79,035,000 which includes $100,000 for fleet related
infrastructure.
Workforce and Organizational Support.--The agreement
provides $165,875,000 which includes $400,000 for Diversity,
Equity, Inclusion and Accessibility.
National Landscape Conservation System.--The agreement
provides $49,274,000 and expects that this increase will create
capacity to initiate or revise management plans for monuments
such as Cascade-Siskiyou National Monument, Rio Grande del
Norte National Monument, and address other high priority areas.
Other Directives.--
Budget Structure.--The Bureau should consider a budget
restructure to include a dedicated trails budget line item or
to include congressionally-designated rivers and trails as
component subactivities within the National Landscape
Conservation System.
Bicycle Accessible Trails.--The Bureau is encouraged to
identify and complete more plans to enhance bicycle
opportunities on BLM trails in locations where those uses are
appropriate and conducted in accordance with the applicable
land management plan, particularly in states such as New
Mexico, Colorado, and Nevada.
Bonneville Salt Flats.--The Bureau and the State of Utah
have a shared interest in the long-term sustainability of the
Bonneville Salt Flats and entered into a memorandum of
understanding in April 2020 to improve coordination of planning
and management for the area. The Bureau is directed to brief
the Committees within 45 days of enactment of this Act on the
progress in this effort, including what financial support the
Bureau either has or intends to provide and the elements of the
Bureau's restoration strategy.
Circumpolar Wildland Fire.--The Bureau is directed to
collaborate with the Arctic Council to promote international
cooperation and sharing of knowledge, resources, and training
across the Arctic region to respond to increased wildland fire
activity due to climate change.
Coos Bay Wagon Road Lands.--The agreement expects the
Bureau to fully cooperate with the appraisal committee to
determine whether the county payments are being made in
accordance with the Coos Bay Wagon Road Act (Public Law 76-85).
The land should be appraised in a manner that reflects the
differences in how Coos Bay Wagon Road Grant lands are managed
compared to private lands of similar character, including
restrictions on timber activities. Sudden Oak Death treatments
are to continue at current levels.
National Trails.--In coordination with its trail partners,
the Bureau is directed to update exhibits at its trail
interpretive centers to reflect these themes and provide a
project list within 120 days of enactment of this Act. Funding
for the Pacific Crest National Scenic Trial and Iditarod
National Historic Trail should be maintained at not less than
the enacted level. The agreement supports the concept of the
proposed ``Alaska Long Trail,'' which will interconnect Alaska
communities from Seward to Fairbanks, providing direct economic
benefit and expanded recreational access and expects the Bureau
to offer material support as the effort takes shape.
Public Lands Policy.--Within available funds, the agreement
supports efforts by the Bureau to work with a land grant
university to create a framework for assessment, inventory, and
monitoring of social and economic data related to how
individuals and communities are affected by public lands
management decisions. The Bureau should also take steps to
understand how to use focused data gathered from social science
best management practices to improve the public engagement
process, including engagement on environmental justice and
underrepresented populations. These efforts will assist urban
and rural communities, policymakers, resource managers, and
resource users to engage effectively in the public land policy
process.
Range Management.--The Bureau is directed, to the greatest
extent practicable, to make vacant grazing allotments available
to a holder of a grazing permit or lease when lands covered by
the holder of the permit or lease are unusable because of
drought or wildfire. The Bureau is encouraged to improve the
management of active allotments and reduce any backlog of
permits. The Bureau is directed to brief the Committees within
90 days of enactment of this Act on progress made towards
reviewing permits currently in the backlog. The Bureau will
continue the quantitative, science-based analysis of the risk
of disease transmission between domestic and bighorn sheep
required in the explanatory statement accompanying the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
Signage for Wilderness Areas.--The Bureau is expected to
ensure that the public is adequately informed regarding the
lands protected as well as routes that are open or closed with
properly posted and maintained signage for the areas protected
by Public Law 116-9. To help inform the public, the Bureau
should properly post signage and conduct regular reviews to
ensure that signage is maintained, and in good readable
condition, and to replace any damaged or unreadable signs in a
timely manner.
Southern Nevada Public Land Management Act (SNPLMA).--Funds
from the SNPLMA account are to be used for activities
authorized under Public Law 105-263.
Tribal Coordination on Energy.--The Bureau is directed to
continue to fulfill its fiduciary trust responsibilities by
coordinating with Fort Berthold Tribal authorities for
activities that impact the Fort Berthold Reservation.
OREGON AND CALIFORNIA GRANT LANDS
The bill provides $117,283,000 for the Oregon and
California Grant Lands appropriation. Specific allocations at
the activity and subactivity level are contained in the table
at the back of this explanatory statement. The Bureau is
directed to continue the fire protection agreement with the
State of Oregon to maintain or enhance the current level of
fire protection for BLM-managed lands in Western Oregon; to
aggressively target hazardous fuels treatments and report
annually on the amount spent, as well as the scope of hazardous
fuels management required across Oregon and California Grant
Lands; and to regularly report its timber sale accomplishments
for sales that have been sold and awarded rather than merely
offered for sale. The Bureau is expected to report these
activities in a manner consistent with the U.S. Forest Service
and only count awarded volume.
Sudden Oak Death Syndrome.--The agreement provides funding
adequate to continue efforts at fighting Sudden Oak Death
syndrome.
RANGE IMPROVEMENTS
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands grazing
receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The bill provides an indefinite appropriation estimated to
be $30,000,000 for Service Charges, Deposits, and Forfeitures.
MISCELLANEOUS TRUST FUNDS
The bill provides an indefinite appropriation estimated to
be $26,000,000 for Miscellaneous Trust Funds.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,451,545,000 for Resource Management.
All programs and activities are funded at the amounts enacted
in fiscal year 2021 unless otherwise specified below or in the
table at the end of this division. Fixed costs are provided.
The Service is expected to comply with the instructions and
requirements at the beginning of this division and in House
Report 117-83 unless otherwise specified below. While some
language is repeated for emphasis, it is not intended to negate
the language referred to above unless expressly provided
herein.
The Service is expected to comply with language contained
in the explanatory statement accompanying Public Law 116-260,
the Consolidated Appropriations Act, 2021 regarding Traditional
Knowledge, Subsistence Activities, Polar Bear Tourism,
Continued Funding Prohibitions, Sea Otters, and Ozark
Hellbender. The agreement reiterates the direction in House
Report 117-83 and the explanatory statement accompanying Public
Law 116-260 regarding American red wolves. In addition,
language contained in Senate Report 116-123 subtitled Native
Handicrafts, Central Everglades Planning Project, Loxahatchee
National Wildlife Refuge, Wildlife Trafficking, Invasive
Species, and Unknown Florida Panther Disorder is restated. The
agreement reiterates that the Service's 2016 regulation does
not apply to Alaska Native handicrafts made from walrus ivory
and mammoth ivory.
Ecological Services.--The agreement provides $277,409,000
for programs and activities within Ecological Services,
including $21,279,000 for listing.
Planning and Consultation.--The agreement provides
$112,092,000 which maintains $4,000,000 for Gulf Coast
restoration activities.
Conservation and Restoration.--The agreement provides
$35,666,000 for conservation and restoration activities which
includes $6,220,000 for Marine Mammals with the increase
directed toward manatees. The Service is expected to complete
the survey and stock assessment of northern sea otters in
Southeast Alaska and assess this population relative to the
optimum sustainable level, improve management strategies, and
document ecological impacts of sea otters. Upon finalization of
this report, the Service shall transmit the report to the
Committees. The agreement includes a $500,000 reduction as
requested.
Geospatial Data.--The agreement encourages the Service to
work with partners to develop a geospatial index that includes
tools to combine information from a wide variety of datasets
into a single compatible framework, while protecting sensitive
data and landowner information, in order to protect the Great
Plains grassland habitat and the species that rely on them.
Conservation Banking Report.--The Service is directed to
report back within 60 days of enactment of this Act on the
status of meeting the directive in section 329 of the William
M. (Mac) Thornberry National Defense Authorization Act, 2021
(Public Law 116-283), related to issuing regulations for
wildlife conservation banking programs.
Recovery.--The agreement provides $108,372,000 for
activities in support of the recovery and delisting of
threatened and endangered species which includes: $3,750,000
for the State of the Birds; $1,300,000 for the Prescott Grant
program; and $1,000,000 for the wolf-livestock demonstration
program. The agreement supports focused efforts by the Service
to prevent extinction of the most critically endangered
species, particularly keystone species because of the
significant impact they have on ecosystem health, but reminds
the Service of the critical importance of continuing to reduce
the backlog of 5-year reviews and associated inherently Federal
responsibilities.
The agreement provides $9,500,000 for Recovery Challenge
matching grants. Recovery Challenge grants are to be used to
develop and update recovery plans and implement high priority
recovery actions as prescribed in recovery plans to recover
federally listed species. Actions should include, but are not
limited to, genetically-sound breeding, rearing, and
reintroduction programs. Longstanding partnerships, including
for the northern aplomado falcon and California condor, would
be funded at no less than their current levels, and partner
contributions should be no less than their current amounts and
provide at least a 50:50 partner match, which may include in-
kind services. The remaining funds should be dedicated to new
partnerships and should require at least a 50:50 partner match,
which may include in-kind services. Unless an affected State is
a partner on the project, no funds may be awarded to a project
until the project partners have consulted with such State.
Program direction contained in House Report 117-83 regarding
working with the National Fish and Wildlife Foundation remains
in effect.
Florida Grasshopper Sparrow.--The Service is directed to
continue to support the Florida grasshopper sparrow recovery
efforts and the captive breeding program as managed by its
conservation partners as referenced in Senate Report 116-123
and the agreement provides $200,000.
Western Monarch Butterfly Populations.--Western monarch
populations are in decline and the agreement provides no less
than $4,000,000 across the account for western monarchs and
pollinator recovery. Further, the Service is directed to
provide a report within 120 days of enactment of this Act on
whether there are Service-managed lands that could serve as
milkweed habitat corridors for migrating western monarchs.
Habitat Conservation.--The agreement provides $71,331,000
for habitat conservation programs, of which $57,715,000 is for
the Partners for Fish and Wildlife program and $13,616,000 is
for the Coastal Program. The agreement provides $1,750,000 for
the Chesapeake Bay nutria eradication project.
Klamath Restoration.--The Service is directed to consider
additional activities that could be undertaken to recover
endangered and threatened species, restore habitat, and improve
the health of the Klamath Basin National Wildlife Refuges with
the funds provided in fiscal year 2022 and during the fiscal
year 2023 budget formulation. The Service is encouraged to
continue to coordinate with the Bureau of Reclamation where
appropriate and consult with Tribes. Within Habitat
Conservation, the agreement provides no less than the fiscal
year 2021 enacted level for Klamath River habitat restoration.
National Wildlife Refuge System.--The agreement provides
$518,761,000 for the National Wildlife Refuge System.
Wildlife and Habitat Management.--The agreement provides:
$15,925,000 for invasive species to focus on high priority
invasive species including nutria, buffelgrass, and cheatgrass;
$1,750,000 for the Chesapeake Bay nutria eradication project;
$500,000 to help refuges improve water efficiency in order to
maintain, improve, replace and upgrade refuge infrastructure on
areas such as the Quivira National Wildlife Refuge; $2,000,000
for Marine National Monuments including $700,000 for the
Northeast Canyons and Seamounts Marine National Monument;
$23,924,000 for inventory and monitoring including no less than
$2,000,000 for western monarchs and pollinators. Focusing on
chronic wasting disease is encouraged.
In lieu of the direction in House Report 117-83 regarding
changes to trapping practices, the Service is directed to
conduct an evaluation of trapping practices on Service lands in
collaboration with the U.S Department of Agriculture, Wildlife
Services and to brief the Committees on their findings
including information regarding alternative non-lethal methods
and equipment that may be used to remove invasive species or
native pest species that behave like invasive species. House
directives regarding signage and annual reporting are
continued.
Chesapeake Marshlands National Wildlife Refuge Complex.--
The Service's collaboration with non-Federal partners to
develop and implement the Blackwater 2100 ``A Strategy for Salt
Marsh Persistence in an Era of Climate Change'' is supported as
is the Service's ability to implement the strategy while
providing hunting, fishing, and other recreational
opportunities where compatible. Ongoing engagement with the
surrounding local communities will be the key to successful
implementation and community support. The Service is also
encouraged to sufficiently staff the refuge complex which has
not had a full-time refuge manager in four years.
Visitor Services.--The agreement includes $77,237,000 which
includes $6,000,000 for the Urban Wildlife Refuge Partnership
program.
Refuge Management Plans.--The Service is encouraged to
prioritize updating refuge management plans that predate the
National Wildlife Refuge Improvement Act of 1997, to improve
the management of refuges in a manner consistent with the
strategic vision of the National Wildlife Refuge System.
Conservation and Enforcement.--The agreement provides
$164,721,000 for other conservation and enforcement programs as
described below.
Migratory Bird Management.--The agreement provides
$49,568,000 which includes $29,921,000 for Conservation and
Monitoring of which $600,000 is to manage bird-livestock
conflicts; and $15,562,000 is for the North American Waterfowl
Management Plan/Joint Ventures program.
Law Enforcement.--The agreement provides $89,788,000 for
law enforcement activities, including a $1,000,000 general
program increase to help combat illegal global wildlife
trafficking and implement the Lacey Act, and $3,500,000 to
continue the Service's work with the Indian Arts and Crafts
Board to combat international trafficking of counterfeit arts
and crafts and to conduct criminal investigations of alleged
violations of the Indian Arts and Crafts Act.
International Affairs.--The agreement provides $25,365,000
including $9,899,000 for International Conservation and
$15,466,000 for International Wildlife Trade. Funds are
provided to continue progress on the electronic permit
application and processing system. The Theodore Roosevelt
Genius Prizes for technological innovation to help conserve and
manage wildlife is maintained at the fiscal year 2021 enacted
level. A reduction of $550,000 is included in accordance with
instructions as outlined in House Report 116-448.
The Service is directed to provide the briefing required in
the explanatory statement accompanying Public Law 116-94 on its
current policy for sport-hunted trophies and its analysis on
exporting countries' conservation programs and species survival
within 60 days of enactment of this Act.
Fish and Aquatic Conservation.--The agreement provides
$220,826,000 for fish and aquatic conservation programs.
National Fish Hatchery System Operations.--The agreement
provides $71,776,000 which includes: $3,750,000 for Klamath
Basin restoration activities and directs the Service to work
with the affected Tribes on fish restoration activities;
$4,700,000 for mitigation of the Pacific Salmon Treaty and
directs the Service to work in cooperation with State fish and
game agencies and which includes $1,556,000 for implementation
of the Yukon River Salmon Agreement and funding for anadromous
salmonids. The Service is directed to continue to work in
cooperation with State fish and game agencies on marking of
anadromous fish and the agreement maintains funding for mass
marking at the fiscal year 2021 enacted level. None of the
funds provided under this subactivity may be used to terminate
operations or to close any facility of the National Fish
Hatchery System. None of the production programs listed in the
March 2013 National Fish Hatchery System Strategic Hatchery and
Workforce Planning Report may be reduced or terminated without
advance, informal consultation with affected States and Tribes.
A $5,000,000 increase is provided for the Warm Springs Fish
Health Center (FHC) which provides disease diagnosis,
biosecurity and disease management, disease treatment and
prevention, fish health inspection services for Federal, State,
and Tribal hatcheries responsible for production of salmonids
and warm water species for recovery, restoration, and
recreational fisheries, and inspection and certificates for the
National Triploid Grass Carp Protection.
Habitat Assessment and Restoration.--The agreement provides
$46,326,000, which includes $10,500,000 to implement the
Delaware River Basin Conservation Act which is supplemented by
$5,200,000 provided in Public Law 117-58 for fiscal year 2022;
$18,598,000 for the National Fish Passage Program which is
supplemented by $40,000,000 provided in Public Law 117-58 for
fiscal year 2022; and $5,750,000 to implement Klamath Basin
restoration activities.
Population Assessment and Cooperative Management.--The
agreement provides $33,965,000 which includes $2,000,000 for
Great Lakes Fish and Wildlife Restoration Act grants; $890,000
for Great Lakes Consent Decree; $818,000 for the Lake Champlain
Sea lamprey program; and $750,000 from within available funds
for snakehead eradication.
Connecticut River Atlantic Salmon Commission.--The
agreement provides $500,000 for the Connecticut River Atlantic
Salmon Compact, as authorized in Public Law 98-138, for
research, monitoring, conservation, and habitat restoration
work related to this high-priority watershed.
Aquatic Invasive Species.--The agreement includes
$42,713,000 for aquatic invasive species programs, of which:
$2,319,000 is for Prevention; $4,338,000 is to implement
subsection 5(d)(2) of the Lake Tahoe Restoration Act which is
supplemented by $3,400,000 provided in Public Law 117-58 for
fiscal year 2022; $25,200,000 is for invasive carp as outlined
in House Report 117-83 and Senate Report 116-123 including not
less than $3,200,000 for contract fishing; $2,834,000 for NISA
State Plans and $1,566,000 for NISA implementation which help
control the spread of invasive carp; $3,500,000 is to prevent
the spread of quagga and zebra mussels; $1,000,000 is for
research on hydrilla, eel, and milfoil invasive grasses; and
$1,011,000 is for Great Lakes Sea Lamprey administration costs.
The Service is expected to continue to pursue methods for
invasive species control that do not result in the addition of
chemical agents to the ecosystem and harmful secondary by-
products such as algal blooms, as directed in the explanatory
statement accompanying Public Law 116-260.
Cooperative Landscape Conservation.--The agreement includes
$12,802,000 for Landscape Conservation Cooperatives (LCCs).
On February 1, 2022, the Service submitted a report
regarding landscape conservation; however, the report was not
responsive to the directive contained in the explanatory
statement accompanying Public Law 116-260. The information
requested on historic and present-day staffing and funding
allocations, the status of the 22 LCCs, and the transition of
the LCC activities is still expected. The Service is directed
to report quarterly to the Committees on the allocation of
fiscal year 2022 resources to address landscape scale
conservation, partnerships, staffing, project funding, and
technical assistance. The fiscal year 2023 budget request
should include a revised account structure to better reflect
the direction of the Science Applications Programs instead of
using subactivities that no longer represent the program.
Science Support.--The agreement provides $23,233,000 for
the Science Support program, which includes $3,500,000 for
white nose syndrome; the fiscal year 2021 enacted level for
Gulf Coast ecosystem restoration; $4,000,000 for Chesapeake
WILD; and $2,000,000 for research on western monarch
butterflies and other pollinators. Best practices developed in
response to white nose syndrome are directed to be applied in
response to other new and emerging high-risk wildlife diseases.
The Service should also continue, along with the U.S.
Geological Survey, to lead and implement the North American Bat
Monitoring Program in association with other Federal natural
resource management agencies and offices, States, Tribes, and
non-governmental partners.
Stewardship Priorities.--The agreement provides $6,813,000
in congressionally directed spending for stewardship projects
to further conservation goals. Further detail on these projects
is provided in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items''' accompanying this
explanatory statement.
General Operations.--The agreement provides $155,649,000
for general operations which includes an increase of $400,000
for diversity.
The agreement continues support for the Everglades at not
less than the fiscal year 2021 enacted level.
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $12,847,000 for Construction and includes
fixed costs, $150,000 for fleet related infrastructure, and a
rescission of $1,240,000 from prior year unobligated balances.
The agreement continues to support the Service's objective
priority-setting process and expects the Service to follow its
project priority list with the funds provided. When a
construction project is completed or terminated and
appropriated funds remain, the Service may use those balances
to respond to unforeseen reconstruction, replacement, or repair
of facilities or equipment damaged or destroyed by storms,
floods, fires, and similar unanticipated natural events. The
detailed allocation of funding by activity is included in the
table at the end of this explanatory statement.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
The bill provides $24,064,000 in discretionary funding from
the Cooperative Endangered Species Conservation Fund for
conservation grants, habitat conservation planning grants, and
program administration. In addition, the bill allocates
$32,800,000 in mandatory funding from the Land and Water
Conservation Fund for species recovery and habitat conservation
plan land acquisitions. The bill also includes a rescission of
$945,000 from prior year unobligated balances. Detailed tables
of funding recommendations below the account level are provided
at the end of this report.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $48,500,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $5,000,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $20,000,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $72,612,000 for State and Tribal Wildlife
Grants which includes $59,250,000 for State Wildlife Formula
grants, $7,362,000 for State Wildlife Competitive grants, and
$6,000,000 for Tribal Wildlife grants.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,767,028,000 for Operation of the
National Park System (ONPS), $78,741,000 above the enacted
level and $210,301,000 below the budget request. For this and
all other Service accounts funded in this bill, the Service is
expected to comply with the instructions and requirements at
the beginning of this division and in House Report 117-83,
unless otherwise specified below. Additional details,
instructions, and requirements follow below and in the table at
the end of this division.
The Service is expected to execute its spending at the
levels provided. The Service may not redistribute the
recommendations in a fiscal year 2022 operating plan. The
Committees appreciate the Service's initial efforts to identify
spending trends within park base to help increase fidelity to
park management increases. The Service is directed to continue
to refine the Operation of the National Park Service
Realignment and collaborate with the Committees with the goal
to develop an updated methodology to improve the budgeting
process.
The agreement provides fixed costs and funding for New
Responsibilities at New and Existing Park Areas. Additional
funding guidance is provided below.
Resource Stewardship.--The bill includes: $4,900,000 for
the Partnership Wild & Scenic Rivers program and other
similarly managed rivers; $2,000,000 for Active Forest
Management; $5,000,000 for Quagga and Zebra Mussel programs;
$800,000 for Cave and Karst Ecosystem Research; $400,000 for
Recreational Access--Support Alaska Subsistence; and
$16,856,000 for the National Trails System. The agreement
provides $8,825,000 for the National Networks. Within this
amount, the African American Civil Rights Network is funded at
the requested level of $5,375,000 and the National Underground
Railroad Network to Freedom is funded at $2,500,000.
Visitor Services.--The bill accepts the proposed reduction
for non-recurring funding to support the 2021 Presidential
Inauguration and provides the requested increase for the
Commemorations Office. Funding is provided at the enacted level
for Recreational Access--Recreational Fishing, and the National
Capital Area Performing Arts Program. The Service is encouraged
to look for ways to leverage resources and maximize support for
the Every Kid Outdoors Program. The agreement includes
$14,546,000 for activities that support programs like the
Indian Youth Service Corps, the American Sign Language
Conservation Corps, the Ancestral Lands Conservation Corps,
Historically Black Colleges and Universities Internship
Program, the Latino Heritage Internship Program, and the
Scientists in Parks program. This is a $3,000,000 increase over
enacted.
Park Protection.--The bill provides funding as requested
for the Statue of Liberty NM Security Contract, $3,000,000 for
United States Park Police Workforce Capacity, and the
$4,100,000 requested for equipment. All other activities are
funded at no less than the enacted level.
Facility Operations and Maintenance.--The proposed
reduction for DC Water and Sewer is accepted.
Park Support.--The proposed transfers have been accepted
and $400,000 is provided for the Diversity, Inclusion, and
Compliance initiative. Funding for the Semiquincentennial
Commission is provided in a separate account outside of the
Service's budget, in accordance with the budget request.
Global Positioning System Modernization.--The agreement
provides $4,000,000 for the replacement of Global Positioning
System (GPS) data collection devices used by the Service for
facilities planning, lands administration, visitor safety, and
infrastructure protection.
National Park Foundation.--The agreement provides
$5,000,000 for the National Park Foundation, equal to the
fiscal year 2021 level.
Funding is provided at the requested level for the
Roosevelt-Campobello International Park and the Katahdin Woods
and Waters National Monument. Increases are also supported for
the Honouliuli National Historic Site, the Pearl Harbor
National Memorial, Coltsville National Historic Park, the
Chesapeake Bay Office, and America's newest National Park, the
New River Gorge National Park and Preserve.
Additional Guidance.--The following additional guidance is
included:
Appalachian National Scenic Trail.--The Appalachian
National Scenic Trail is a 2,190-mile linear park stretching
through 14 states and 88 counties--more than any other unit of
the National Park System. The Appalachian National Scenic Trail
draws visitors from all over the United States and the world,
bolstering the economy of the communities around the trail. The
Committees are aware that the Trail is experiencing increased
visitation and encourages the Service to include sufficient
resources in future budget requests to meet its expanded
visitor services, law enforcement, compliance, and land
acquisition requirements.
Blackstone River Valley National Historical Park.--Within
the funds provided for Park Support, the Committees support
funding increases for Blackstone Valley National Historical
Park with the expectation that the Service will continue to
make funds available to the local coordinating entity to
maintain staffing and capacity to assist in management of the
park, as authorized in Public Law 113-291. The Committees
encourage the Park to work with partners to provide safe
recreational access along the Blackstone River and emphasize
the importance of the river through continuous access, citizen
science, and interpretive programming at the park. The Service
is directed to continue its work to complete a General
Management Plan for the Park, as required by Public Law 113-
291, and to prioritize activities that will advance development
of the Park, including the acquisition of Slater Mill's
historic dam.
Continued Directives.--The Committees continue the
directives regarding Director's Order 21, Roosevelt-Campobello
International Park, and Katahdin Wood and Waters National
Monument contained in Senate Report 116 123.
Diversity in Hiring.--The Service is directed to focus on
building a workforce that reflects the diversity of America.
National Trails System.--The Committees understand the
importance of providing adequate funding to develop and
maintain the National Trails System for future generations to
enjoy. The Committees urge the Service to continue its efforts
to support construction and maintenance projects and volunteer
coordination efforts, including activities in support of non-
unit National Scenic Trails.
NATIONAL RECREATION AND PRESERVATION
The bill provides $83,910,000 for national recreation and
preservation, $9,753,000 above the enacted level and $9,396,000
below the budget request. The amounts recommended by the
Committees compared with the budget estimates by activity are
shown in the table at the end of this explanatory statement.
Cultural Programs.--The bill provides $2,157,000 for Native
American Graves Protection and Repatriation Grants; $3,405,000
for Japanese Confinement Site Grants; and, $2,750,000 for the
competitive grant program authorized by the 9/11 Memorial Act
(Public Law 115-413). Funding is recommended for financial
assistance to nonprofit organizations or institutions for the
purpose of supporting programs for Native Hawaiian or Alaska
Native culture and arts development at a total program level of
$1,500,000, an increase of $250,000 to the enacted level, which
is provided to support both continued program levels and
encourage new entities to apply. The bill provides the
requested one-time funding for the Oklahoma City Memorial
Endowment.
Heritage Partnership Programs.--The agreement provides
$27,144,000 for the Heritage Partnership Program. The directive
contained in the explanatory statement that accompanied Public
Law 116-6 with regards to funding distribution is continued.
Due to concerns that efforts to complete management plans have
been delayed due to COVID-19, the Committees note that areas
that have not completed their management plan continue to be
eligible for funding regardless of the status of their
management plan.
HISTORIC PRESERVATION FUND
The bill provides $173,072,000 for historic preservation,
$28,772,000 above the enacted level and $21,272,000 above the
budget request.
Competitive Grants.--The bill provides $21,750,000 for the
African American Civil Rights Grants, as requested.
Additionally, $4,625,000 is provided for the History of Equal
Rights grants and $1,250,000 for grants to underserved
communities.
Paul Bruhn Historic Revitalization Grants.--The bill
provides $10,000,000 for historic revitalization grants and
retains the directives regarding the distribution of funding
included in Senate Report 116-123.
Save America's Treasures.--The Save America's Treasures
program is provided $26,500,000. The Committees support this
program because of its important role in providing preservation
and conservation assistance to nationally significant
historical properties and collections, including historic
courthouses.
Semiquincentennial Preservation Grants.--The bill provides
$10,000,000 for the Service to assist states in preparing for
the upcoming Semiquincentennial celebration and to celebrate
the Nation's history. Funds from this allocation should be used
for a competitive grant program to support the restoration of
sites that honor the 250th anniversary of the country's
founding, including Revolutionary War monuments. Priority
should be given to state-owned sites. A site must be listed in,
or be eligible to be listed in, the National Register of
Historic Places in order to be eligible.
CONSTRUCTION
The bill provides $225,984,000 for construction, $2,077,000
above the enacted level and $52,579,000 below the budget
request.
Line-Item Construction.--Funding for line-item construction
projects is provided as outlined in the table contained in
House Report 117-83.
Ocmulgee River Corridor.--The Committees support the
Service's initiation of the Ocmulgee River Corridor Special
Resource Study to evaluate its potential for designation as a
national park unit and directs the Service to complete the
report in a timely manner.
Ste. Genevieve National Historical Park.--Within 90 days of
enactment of this Act, the Service is directed to provide the
Committees a report detailing the planned repair,
rehabilitation, and restoration work at the Ste. Genevieve
National Historical Park during the next four fiscal years.
CENTENNIAL CHALLENGE
The bill provides $15,000,000 for the Centennial Challenge
matching grant program, equal to the enacted level and the
budget request.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,394,360,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). All programs and activities are funded
at the amounts enacted in fiscal year 2021 unless otherwise
specified below or in the table at the end of this division.
Fixed costs are provided. The Survey is expected to comply with
the instructions and requirements at the beginning of this
division and in House Report 117-83 unless otherwise specified
below. While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless
expressly provided herein.
Ecosystems.--The agreement provides $277,897,000 as
outlined below.
Environmental Health Program.--The agreement provides
$26,489,000 for Environmental Health, which includes
$11,100,000 for Contaminant Biology and $15,389,000 for Toxic
Substances Hydrology. The agreement includes no less than
$2,750,000 for research on harmful algal blooms and $2,700,000
for research on the transmission of per- and polyfluoroalkyl
substances (PFOA/PFAS) in watersheds and aquifers. The Survey
is to continue its research as directed in House Report 117-83.
The bill provides $500,000 to continue competitively
awarding grants for applied research to develop a system for
integrating sensors. By working with partners, such as academic
institutions, small businesses, and other government research
organizations to submit innovative proposals to perform
complementary development of technologies, the Survey can
develop a convergent platform that enables existing and future
sensor technologies to be deployed in extreme environments
where real-time information is required.
Microplastics.--The Survey is developing a strategic vision
for its microplastics research, including a review of the
current science gaps and how Survey expertise and capabilities
can address those gaps. The Survey is encouraged to brief the
Committees on its findings after release.
Species Management Research Program.--The agreement
provides $55,418,000. There are long-term hydrological and
ecological challenges associated with saline lakes in the Great
Basin States and the Survey is encouraged to address related
science needs in tandem with the Integrated Water Availability
Assessment for saline lakes that is provided for under the
Water Resources mission area.
The Survey is directed to provide a briefing to the
Committees within 180 days of enactment of this Act on the
merits of funding phenology related efforts to collect,
maintain, and share information on seasonal timing to support
resource management, climate adaptation, agriculture, and human
health.
Land Management Research Program.--The agreement provides
$58,103,000 including $6,000,000 for Chesapeake Bay activities.
Biological Threats and Invasive Species Research Program.--
The agreement provides $40,431,000 including $4,720,000 for
chronic wasting disease. In carrying out chronic wasting
disease research, the Survey should continue to collaborate
with institutions of higher education as directed in House
Report 117-83 and may consult, partner, or contract with the
Animal and Plant Health Inspection Service, the National
Academy of Sciences, State and Federal public and private
entities, and any chronic wasting disease task forces and
working groups. Collaboration should continue with partners to
develop early detection tools and compounds to disrupt
transmission of the disease. In particular, the agreement
encourages research and investment into carcass disposal
methods to mitigate the spread of chronic wasting disease, and
the Survey is urged to consult with the Environmental
Protection Agency, the Federal Emergency Management Agency,
Tribes, and States to develop recommendations for carcass
disposal methods that are compliant with relevant Federal clean
air and water and solid waste regulations. The Survey is also
encouraged to work in collaboration with the Fish and Wildlife
Service to aid State and Tribal wildlife agencies in the
application of existing human dimensions research to the
management and prevention of chronic wasting disease. Funding
is continued at the enacted level for white-nose syndrome (WNS)
research and the direction found in Senate Report 116-123 is
continued for WNS research. The agreement provides $600,000 for
coral disease and $11,000,000 for invasive carp research, of
which $3,000,000 is for research on grass carp. The direction
found in Senate Report 116-123 is continued for invasive carp,
coral disease, and invasive species research, detection, and
response efforts. Additional resources for invasives species
were provided in Public Law 117-58 to the Office of the
Secretary.
Climate Adaptation Science Center and Land Change Science
Program.--The agreement provides $71,450,000 of which
$51,903,000 is for the National and Regional Climate Adaptation
Science Centers including $2,000,000 for Tribal climate
adaptation science. The agreement also provides $19,547,000 for
Land Change Science which includes $150,000 for biological
carbon sequestration.
Cooperative Research Units Program.--Cooperative Research
Units (CRUs) are funded at $26,006,000 in accordance with the
specifications outlined in House Report 117-83. Of the funds
provided, $250,000 is for research into the causes of malignant
melanomas affecting 25 percent or more of brown bullhead
(Ameiurus nebulosus) in some northern New England waters and
related fishery research at the host institution.
Great Lakes Science.--The Committees support Great Lakes
science and the USGS collaboration with the broader Great Lakes
Partnership to implement priority science. These resources will
ensure delivery of information needed for Great Lakes
management decisions. Funding for Great Lakes Science is
provided at no less than $14,000,000.
Energy and Mineral Resources.--The agreement provides
$95,223,000 for Energy and Mineral Resources. Mineral Resources
is funded at $63,737,000 which maintains $10,598,000 for the
critical minerals Earth Mapping Resources Initiative (Earth
MRI) and provides $3,774,000 for mine waste research and to
characterize mine waste as a potential source for critical
minerals. Energy Resources is funded at $31,486,000 including
$1,977,000 for geologic carbon sequestration, a portion of
which is to advance the understanding of alkalinity sources of
carbon mineralization as outlined in House Report 117-83,
$200,000 is for geophysical data acquisition and $175,000 is
for the inventory of greenhouse gases.
Public Law 117-58 provides $64,000,000 in fiscal year 2022
for Earth MRI and funding to the Department of Energy (DOE) for
critical minerals research and the agreement urges USGS to
expand their collaboration with DOE in this field.
The Survey is expected to continue critical mineral mapping
efforts in Alaska, pursuant to the budget request, at no less
than the fiscal year 2021 enacted level and to brief the
Committees on such efforts within 90 days of enactment of this
Act.
The Survey is expected to provide the report on potential
initiatives to increase the domestic supply of critical
minerals as directed in the explanatory statement accompanying
Public Law 116-260.
Natural Hazards.--The agreement provides $185,998,000 for
the Natural Hazards Program, including $90,037,000 for
earthquake hazards. Within this funding, $28,600,000 is
included for continued development and expansion of the
ShakeAlert West Coast earthquake early warning (EEW) system.
Continued efforts to complete and operate the EEW system on the
West Coast are supported. Concerns remain regarding the lack of
knowledge and offshore real time instrumentation available for
the Cascadia subduction zone. Our increased scientific
understanding of earthquakes and the ocean environment will
benefit from the wealth of offshore data collected and the
continued development of an early earthquake warning system for
the Cascadia system.
The agreement continues no less than the enacted level for
the national seismic hazard map, including for expansion to
Puerto Rico and the Virgin Islands, for regional networks to
operate and maintain recently acquired USArray stations, for
the Advanced National Seismic System (ANSS) and for regional
seismic networks including the Central and Eastern U.S.
Network. In addition, the agreement recognizes concern that
updates to the national seismic hazard maps do not consistently
include the entire country and urges the Survey to update the
maps for all 50 states and provides $500,000 for the maps for
Puerto Rico and the Virgin Islands.
The agreement provides $33,282,000 for volcano hazards.
In 2019 the National Volcano Early Warning and Monitoring
System (NVEWS) was initiated. The Survey is completing the two
prerequisite steps to NVEWS expansion and upgrades and is
encouraged to accelerate the pace of these activities where
possible. The agreement provides $2,172,000 to begin
implementation of NVEWS as well as $1,800,000 for the Early
Warning System and $770,000 for Next Generation hazards
assessments.
Concerns remain that systems and equipment used to monitor,
detect, and warn the public of volcanic and seismic hazards,
including lahars and earthquakes on high-threat volcanoes, are
outdated and inadequate. The funding provided supports efforts
to repair, upgrade, and expand systems and equipment that
monitor, detect, and provide early warning of volcanic hazards
with a focus on high-threat volcanoes.
The agreement includes $8,929,000 for landslide hazards
which includes $750,000 for science outlined in House Report
117-83. In light of the increasing frequency of catastrophic
wildfires, the Survey is encouraged to prioritize efforts to
predict and reduce the risk of post-wildfire landslides.
The Survey is directed to continue to collaborate with the
National Oceanic and Atmospheric Administration and State and
local governments to assess landslide potential and hazards and
implement tsunami warning capabilities in Prince William Sound,
including through the use of physical instrumentation or remote
sensing technologies, particularly where the threat of a
landslide and tsunami presents the most serious risks to Sound
residents, visitors, and property. The Survey is encouraged to
expand this work to areas in Southeast Alaska that have
recently experienced landslides and will continue to face the
threat of devastating landslides. Further, the Survey is
directed to brief the Committees within 60 days of enactment of
this Act on what resources are needed to aid the development
and deployment of early warning technologies to affected
communities.
The agreement provides $7,212,000 for the Global
Seismographic Network; $4,673,000 for Geomagnetism including
$2,888,000 for the expansion of magnetometer observatories and
the fiscal year 2021 enacted level for the magnetotelluric
survey to advance the collection of magnetotelluric
observations of the Earth's naturally occurring electric and
magnetic fields in the U.S. regions; and $41,865,000 for
Coastal/Marine Hazards which includes $10,674,000 for coastal
hazards, $1,200,000 for coastal blue carbon, and $950,000 for
risk reduction and community resilience.
Emergent Hazards.--Within 90 days of enactment of this Act,
the Survey is directed to brief the Committees on the need and
potential of partnering with universities for a scalable,
automated system that is capable of rapidly identifying
emerging hazard threats and their potential impacts using
remote sensing data to provide an impact model product capable
of identifying and supporting response to emergent hazard
threats.
Water Resources.--The agreement provides $285,894,000 for
Water Resources, with $65,529,000 for activities associated
with the Cooperative Matching Funds. Water Availability and Use
Science is funded at $64,501,000, which includes $1,000,000 for
the U.S. Mexico transboundary aquifer assessment; $1,750,000
for research on water extraction for bottling and a phased
study as directed in House Report 117-83; and $1,500,000 for
the Survey's work with the Open ET consortium and the Open ET
software system.
The agreement includes $13,500,000 for integrated water
prediction to continue to utilize the best available technology
to develop advanced modeling tools, state-of-the-art forecasts,
and decision support systems and to incorporate these
capabilities into daily water operations.
The bill includes at least $2,000,000 to complete a
groundwater model-based decision support system to support
water sustainability decision-making and a basin-wide model and
monitoring program for irrigation water-use for the Mississippi
Alluvial Plain. In addition, the Survey is provided funds to
transition tools and resources produced through the Mississippi
Alluvial Plain project into resources that support Integrated
Water Availability Assessments in targeted basins of interest
including the Gulf of Mexico Coastal Plain. The bill provides
$4,975,000 for integrated water availability assessments and
includes no less than $1,250,000 for the Survey to establish a
regional Integrated Water Availability Assessment study program
to assess and monitor the hydrology of saline lakes in the
Great Basin and the migratory birds and other wildlife
dependent on those habitats.
Groundwater and Streamflow Information is funded at
$110,651,000 which includes $500,000 to maintain operational
capacity within the existing super-gage network along the Ohio
River in basins containing unique geology, distinct soils, and
a significant agricultural presence. The agreement also
includes $25,215,000 for Federal priority streamgages and
$29,000,000 for the Next Generation Water Observing System
(NGWOS). The agreement provides resources necessary to operate
and maintain the fully deployed NGWOS in the Delaware River
Basin and the Survey is encouraged to continue to study and
monitor surface water and groundwater in the lower basin of the
Delaware River and to provide geologic mapping of the basin in
support of the pilot through the National Geologic Mapping
Program. The Survey is encouraged to partner, where
appropriate, with State and local government officials and with
the academic research community. Funding for NGWOS includes
$4,500,000 to work with universities to develop innovative
water resource sensor technologies that are scalable to
regional and national monitoring networks.
The agreement provides at least $1,500,000 for the Survey
to install streamgages on certain transboundary rivers,
including those at risk from mining pollution originating in
Canada, including in the Kootenai watershed; at least
$1,500,000 for implementation of the baseline strategy for
transboundary rivers, as outlined by the Survey's Water Quality
Baseline Assessment for Transboundary Rivers; and $120,000 for
the streamgage on the Unuk River. The Survey is directed to
continue to expand its streamgage monitoring of transboundary
watersheds and to work with the Environmental Protection Agency
to ensure the relevant equipment is deployed to the Kootenai
watershed to support the agency's work to evaluate and reduce
transboundary pollution. The direction is continued that the
Survey enter into a formal partnership with local Tribes and
other Federal agencies as necessary in the area to develop a
water quality strategy for the transboundary rivers.
On-going monitoring of critical water budget components in
the Klamath Basin is critical to provide the information needed
to assess controls of inflow to Upper Klamath Lake from surface
water and groundwater, improve snowmelt prediction, and
forecast impacts of drought and other drivers on water
availability for both human and ecological uses and the
agreement provides $1,000,000 to expand this work.
Hydrological Science Talent Pipeline.--Robust participation
with universities in the hydrologic sciences is essential to
building a talent pipeline as well as building capacity to
support future hydrological research and operational efforts.
To support this, the agreement provides $2,000,000 within the
Water Availability and Use Science Program and $2,000,000
within the National Groundwater and Streamflow Information
Program above the enacted levels to pursue such cooperative
research agreements with an emphasis on locations where the
Survey has pending hydrological facilities as well as where
there are other Federal operational hydrologic resources.
The agreement includes $96,742,000 for the National Water
Quality program which includes $6,490,000 for harmful algal
bloom research. The agreement provides $1,600,000 to support
PFAS substances research. The Survey is directed to consult
with States and Tribes to determine priority mapping areas for
PFAS contamination. Within funds provided, the Survey is
directed to prioritize advanced testing capable of detecting
suites of PFAS compounds and individual PFAS chemicals in the
environment to support nationwide sampling for these chemicals
in estuaries, lakes, streams, springs, wells, wetlands, and
soil and funding is provided to support a nationwide PFAS
sampling survey and the associated methods development (per the
2020 National Defense Authorization Act or NDAA). The agreement
is supportive of the Survey's efforts to understand groundwater
vulnerability, specifically in shallow fractured bedrock
terrain, and directs this work to continue. Water Resources
Research Institutes are funded at $14,000,000 for research as
discussed in House Report 117-83 of which $1,500,000 is for
research on the control and management of aquatic invasive
species in the Upper Mississippi River region.
Special Initiatives.--The agreement provides an additional
amount of $1,000,000 in congressionally directed spending for
the Survey to work with the State of Alaska to develop an
implementation plan to be completed within two years in order
to put Shake Alert/Earthquake Early Warning in Alaska. Further
detail on this project is located in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
accompanying this explanatory statement.
Core Science Systems.--The agreement provides $263,802,000,
which includes $26,353,000 for science, synthesis, analysis,
and research. Public Law 117-58 provides $8,668,000 in fiscal
year 2022 for the National Geologic and Geophysical Data
Preservation which supplements base funding. The agreement
provides $42,431,000 for the National Cooperative Geologic
Mapping of which the increase above fixed costs is for Phase
Three of the National Geologic Map Database as outlined in
House Report 117-83.
The National Geospatial program is funded at $87,526,000
and includes a $4,250,000 increase for the 3D Elevation Program
(3 DEP) to accelerate completion of a nationwide baseline of
high-resolution topographic elevation data, of which not less
than $250,000 is focused on Tribal lands; and not less than
$3,000,000 is focused on Federal lands in western states. No
less than $9,500,000 is provided for the Alaska mapping and map
modernization initiative, which includes modernizing Alaskan
hydrography datasets. In addition, $1,900,000 is provided for
the United States Board of Geographic Names and $850,000 is
provided for the National Digital Trails project.
The agreement supports the continued operations of the
Alaska Mapping Executive Committee (AMEC). The National
Geospatial Program will continue its role in advancing the
goals, objectives, and approaches collaboratively developed as
part of the AMEC Alaska Coastal Mapping Strategy, to include
collection and distribution of topography and orthoimagery in
coastal areas. The agreement directs a briefing on the
resources needed to enhance understanding of subsidence
including what would be required to pivot from the National
Land Cover Database to develop a National Land Level Change
database. It is expected that any funding awarded outside the
Federal sector will undergo a competitive review process.
The National Land Imaging program is funded at $107,492,000
which includes $84,788,000 for Satellite Operations and
maintains the enacted level for the National Civil Applications
Center. The agreement recognizes the value of the Remote
Sensing State Grants program and directs the Survey to continue
funding the grant program at the enacted level to ensure the
on-going viability of the program nationwide.
Science Support.--The agreement includes $99,736,000 which
includes $77,520,000 for administration and management
including $800,000 for diversity and $150,000 for fleet related
infrastructure, and $22,216,000 for Information Services.
Facilities.--The agreement includes $184,810,000 for
facilities, deferred maintenance and capital improvement.
Public Law 117-58 provides $167,000,000 in fiscal year 2022 for
the USGS Energy and Minerals Research Facility.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
The bill provides $206,748,000 for the Ocean Energy
Management appropriation, which is partially offset through the
collection of rental receipts and cost recovery fees totaling
$43,000,000, resulting in a net appropriation of $163,748,000.
Specific allocations at the activity level are contained in the
table at the back of this explanatory statement.
Offshore Wind Site Identification.--The Bureau is expected
to continue to coordinate with the Department of Energy on
renewable energy research, to exchange information with coastal
States, and to work with stakeholders to study new wind energy
areas through its intergovernmental task forces, including
continuing existing and launching new data collection campaigns
in the Gulf of Maine. As the Bureau refines the permitting
process, it must include steps to understand existing ocean
uses by consulting early and often with the commercial fishing
industry and other stakeholders, for which the Rhode Island
Ocean Special Area Management Plan provides a model. The Bureau
must continue to partner with the National Oceanic and
Atmospheric Administration and other co-operating agencies in
the context of an ``all-of-government'' approach to offshore
renewable energy. This includes support for research,
incorporation of agency data, and consideration of
recommendations on the siting and development of offshore wind
projects. The Bureau is directed to notify the Committees prior
to issuing leases that would allow wind turbines to be
constructed or located less than 22 nautical miles from the
State of North Carolina shoreline.
Regional Citizen Advisory Councils.--The Bureau's
commitment to working with Regional Citizen Advisory Councils
on collaborative scientific research projects, environmental
impact monitoring, and outreach activities is appreciated and
the Committees direct the Bureau to continue to support these
efforts.
Marine Minerals.--The Bureau should continue existing
critical mineral assessments and activities at not less than
the fiscal year 2021 enacted levels. The Bureau is directed to
provide a briefing and a spend plan to the Committees on Marine
Minerals Program activities for fiscal year 2022 within 45 days
of enactment of this Act.
The agreement does not include the language in House Report
117-83 under the heading ``General Provision'' within the
Bureau of Ocean Energy Management related to OCS pre-leasing
and leasing activities.
Bureau of Safety and Environmental Enforcement
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
The bill provides $205,848,000 for the Offshore Safety and
Environmental Enforcement appropriation. This amount is
partially offset through the collection of rental receipts,
cost recovery fees and inspection fees totaling $55,000,000,
resulting in a net appropriation of $150,848,000. Specific
allocations at the activity level are contained in the table at
the back of this explanatory statement. The bill also contains
a rescission of $10,000,000 from unobligated prior year funds.
The agreement does not include the language in House Report
117-83 under the heading ``Offshore Decommissioning'' related
to per barrel fees on oil and gas offshore activities.
OIL SPILL RESEARCH
The bill provides $15,099,000 for Oil Spill Research.
Arctic Oil Spill Research.--While domestic and
international activities in the Arctic Ocean are increasing,
research on marine safety and pollution prevention measures has
not kept pace. The Bureau is directed to report to the
Committees within 90 days of enactment of this Act on the need
and feasibility of establishing or partnering with stakeholder
research institutions on facilities that naturally have or can
recreate Arctic marine conditions for oil spill detection and
response research.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
The bill provides $118,117,000 for the Regulation and
Technology appropriation. Included are fixed costs and the
following requested program increases: to establish an Indian
lands program; to enhance diversity, equity, inclusion and
accessibility capacity; and to restructure the Division of
Acquisition Management. Specific allocations at the activity
level are contained in the table accompanying this explanatory
statement.
ABANDONED MINE RECLAMATION FUND
The bill provides $149,980,000 for the Abandoned Mine
Reclamation Fund appropriation. Of the funds provided,
$27,480,000 shall be derived from the Abandoned Mine
Reclamation Fund and $122,500,000 shall be derived from the
General Fund. Included are fixed costs and the following
requested program increases: for Federal emergency reclamation
projects; to assume responsibility for reclamation of sites on
certain Indian lands; to enhance diversity, equity, inclusion
and accessibility capacity; and to restructure the Division of
Acquisition Management. The detailed allocation of funding by
activity is included in the table accompanying this explanatory
statement.
Abandoned Mine Land Economic Revitalization (AMLER).--The
bill provides a total of $122,500,000 for grants to States and
federally recognized Indian Tribes for the reclamation of
abandoned mine lands in conjunction with economic and community
development and reuse goals. For fiscal year 2022, $79,890,000
shall be divided equally between the three Appalachian States
with the largest unfunded needs for the reclamation of Priority
1 and Priority 2 sites as delineated in the AML Inventory
System; $31,956,000 shall be divided equally between the next
three Appalachian States with the largest unfunded needs for
the reclamation of Priority 1 and Priority 2 sites as
delineated in the AML Inventory System; and $10,654,000 shall
be for grants to federally recognized Indian Tribes. The Office
is expected to continue to follow the additional program
direction provided in Senate Report 116-123.
INDIAN AFFAIRS
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,820,334,000 for Operation of Indian
Programs. All programs, projects, and activities are maintained
at fiscal year 2021 enacted levels, except requested fixed
costs and internal transfers, or unless otherwise specified
below. For this and all other Bureau accounts funded in this
bill, Indian Affairs is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 117-83, unless otherwise specified below.
Language contained in the explanatory statement accompanying
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
regarding Missing and Murdered Indigenous Women (MMIW),
advanced training for public safety and justice training needs,
and Indian Police Academy is restated. Additional details,
instructions, and requirements are included below and in the
table at the end of this division. Indian Affairs is reminded
of the importance of meeting reporting requirement deadlines so
that the Committees can properly evaluate programs. Failure to
do so could negatively impact future budgets.
Tiwahe.--The bill includes additional funds as noted below
under Human Services and are to be used to expand the Tiwahe
Initiative to more Tribes for human services-related Tiwahe
activities. Further, the Committees expect funding to existing
Tiwahe pilot programs to continue in the same amounts to the
same recipients, including funding to support women and
children's shelters. Finally, the Committees received the
Federal and Tribal reports on the Tiwahe Initiative, which
include recommendations on future action and expansion. The
Bureau of Indian Affairs (BIA) is directed to submit a plan on
how to expand the program to all Tribes incrementally along
with a strategy on how to consider existing pilot programs
during any expansion and be consistent with the final report
and available funding.
Tribal Government.--The agreement provides $355,424,000 for
Tribal government programs, which includes an additional
$2,000,000 for Small and Needy Tribes and an additional
$1,000,000 for Tribal government program oversight for
requested uses. The Committees have consistently included
funding and directives regarding the Small and Needy Tribes
supplement and are concerned about the overall administration
of this important program. Within 180 days of enactment of this
Act, the Bureau shall provide a report that includes a full
listing of Tribes currently eligible for this program and
clearly identify whether each Tribe is receiving the full level
of funding defined under the current program criteria as well
as a status of efforts to update the formula for the program.
The report should include input gathered from Tribes during
consultation.
The agreement also continues funding at fiscal year 2021
levels for school bus roads and NATIVE Act funding in the Road
Maintenance program. The Committees direct the Bureau to report
back within 60 days of enactment of this Act on funds that have
not been utilized for roads along with a strategy outlining how
to meet the increased demand to address tourism needs across
Indian Country. The Committees encourage the Bureau to provide
technical assistance to the maximum extent practicable to
recently federally recognized Tribes on how best to leverage
funding through existing programs. The Bureau is further
directed to provide to the Committees within 120 days of
enactment of this Act an analysis of Alaska Natives'
eligibility for both Housing Improvement Program mortgage
assistance grants and mortgages, as well as any barriers to
affording new, energy-efficient homes in western Alaskan
villages off the road system.
Human Services.--The bill provides $164,310,000 for human
services programs, which includes $53,292,000 for Social
Services (TPA) and $78,494,000 for welfare assistance. Within
these funds, an additional $2,000,000 is to expand the Tiwahe
Initiative to new sites, as noted above, $1,000,000 is to
implement the Indian Child Protection and Family Violence
Prevention Act as proposed, and an additional $500,000 is for a
general program increase for welfare assistance. An additional
$500,000 is included to implement section 202 of the Indian
Child Welfare Act (25 U.S.C. Sec. 1932), for a total of
$17,313,000 for the Indian Child Welfare Act program.
Trust-Natural Resources Management.--The bill provides
$302,927,000 for natural resources management programs, which
continues funding at the fiscal year 2021 enacted level for the
Everglades. For Natural Resources (TPA), the agreement provides
$14,250,000, which includes an additional $1,000,000 for the
Indian Youth Service Corps and a $3,000,000 general program
increase. Land acquisitions for newly recognized or landless
Tribes are fully funded at the authorized level of $2,000,000.
BIA is encouraged to work with the committees of jurisdiction
to evaluate whether a change in the authorization is warranted.
The Committees understand the Bureau is utilizing funding
to plug abandoned wells in the Mineral Estate. The Committees
direct the Bureau to report back to the Committees within 180
days of enactment of this Act outlining an initial estimate of
the number of plugged and unplugged wells, along with estimated
costs for those wells that are ready to be completed, which
entails well bore abandonment in the mineral estate and well
site remediation and restoration on the surface estate. It is
understood that the final estimated number of unplugged wells
and the associated cost estimates to address will continue to
be revised as BIA realty processing is completed to identify
presence or absence of responsible parties.
The Committees are aware that some Tribal communities have
a significant problem with trash collection and disposal, but
comprehensive data on the scope of the problem does not exist.
The Bureau is directed to conduct an assessment of how Tribes
collect and dispose of trash and report to the Committees
within 120 days of enactment of this Act.
The agreement provides $45,687,000 for Rights Protection
Implementation, which maintains $1,500,000 for law enforcement
needs and includes an additional $1,700,000 for operations and
maintenance, both as required to implement the Columbia River
In-Lieu and Treaty Fishing Access Sites Improvement Act (Public
Law 116-99). The agreement also includes a $1,000,000 general
program increase. The agreement provides $14,459,000 for Tribal
management/development programs, which includes an additional
$1,000,000 to implement Public Law 116-260 with respect to the
return of the National Bison Range to the Confederated Salish
and Kootenai Tribe as outlined in the budget request. Funding
is continued at fiscal year 2021 enacted levels for pilot
projects and programs for Alaska subsistence activities. The
Committees are aware the Bureau has entered into cooperative
agreements with Ahtna Inter-Tribal Resource Commission and the
Kuskokwim River Inter-Tribal Fisheries Commission, and has
initiated similar agreements with other organizations.
Therefore, the Committees expect these pilot projects and
programs to continue, and the Bureau is expected to keep the
Committees apprised of changes to the distribution methodology.
An additional $1,000,000 is included for Endangered Species for
uses proposed in the budget request.
For Tribal Climate Resilience, the agreement includes
$31,971,000. This includes $5,000,000 for Tribal climate
adaptation grants and $8,000,000 for Tribal relocation grants,
for which all Tribes shall be eligible. For agriculture and
range programs, the bill provides $37,827,000. This amount
includes an additional $1,000,000 for the invasive species
program.
The Committees remind the Bureau that the Denali Commission
was designated as the lead coordinating agency for Alaska
Native village relocation in 2015, and the Commission has been
leading the efforts since then. The Committees recommend the
Bureau work closely with the Commission in order to avoid
duplication of work and to take advantage of the Commission's
expertise in the area when considering relocation grants.
For the Forestry Programs, the agreement provides
$60,277,000, which provides a $3,000,000 general program
increase for the Forestry Program (TPA) and an additional
$2,000,000 for Forestry Projects. The Committees have heard
concerns from Tribes that BIA is not providing funding to
support the management of trust lands described in Public Law
115-103. The Bureau is directed to brief the Committees within
90 days of enactment of this Act on how to address these
concerns.
The Committees note that many Tribal communities are at a
heightened risk of wildfire. In order to address the risks, the
Committees direct the Bureau to consider pre-fire detection
technologies and adopt strategies for their implementation. The
Committees also direct the Bureau to provide a report within
one year of enactment of this Act summarizing the fire
detection deficits across Tribal lands.
For Water Resources programs, the agreement recommends
$15,802,000. This includes an additional $2,000,000 for Water
Resources (TPA) and an additional $500,000 to partially fund
the request for water management, planning and pre-development.
For Fish, Wildlife and Parks programs, the agreement includes
$20,506,000, which provides a $2,000,000 general program
increase for Wildlife and Parks (TPA) and an additional
$1,000,000 for Fish, Wildlife, and Parks Projects for operation
of fish hatcheries. Within Minerals and Mining, an additional
$4,804,000 is provided for uses as outlined in the budget
request.
Funding is continued at the fiscal year 2021 enacted level
for the Assistant Secretary for Indian Affairs to continue its
support for ongoing Tribal cultural resource investigations in
the Chaco Canyon region of the Southwest. The Committees
understand the investigation and reports will be completed with
base funds in 2022.
Trust--Real Estate Services.--The bill provides
$150,190,000 for Real Estate Services, of which $3,000,000 is
to begin remediating open dumps and prepare for other
environmental quality challenges, and $3,326,000 is to demolish
and abate vacant BIA buildings at Shiprock as detailed in the
budget request. Funding is continued at fiscal year 2021
enacted levels with fixed costs for the Alaska Native Claims
Settlement Act historical places. The Committees are concerned
with the Department's policy restricting Osage Nation access to
its own trust records without a FOIA request. The Department
should work with the Nation to discover a way to provide ready
access to the records needed by the Nation and its members.
Public Safety and Justice.--The bill provides $546,280,000
for public safety and justice programs. For Criminal
Investigations and Police Services, the agreement includes
$297,676,000. This amount includes an additional $4,000,000 to
purchase bodyworn cameras and $7,500,000 as a general program
increase. Funding for MMIW cold cases, background checks to
hire more law enforcement officers, opioid addiction
assistance, and law enforcement to implement the Native
American Graves Protection and Repatriation Act (NAGPRA) is
continued at fiscal year 2021 enacted levels. The Committees
remain concerned about theft, looting, and trafficking of
sacred objects and items of cultural patrimony and note the
importance of enforcing NAGPRA and related laws. The bill
continues funding for opioids grants and provides flexibility
in the use of funds for Tribes with unique circumstances that
involve other illicit drugs as well.
The agreement includes $62,000,000 to implement public
safety changes resulting from the McGirt v. Oklahoma Supreme
Court decision, which created an immediate and severe shortage
of police and investigative personnel in the expanded Tribal
criminal jurisdiction areas. BIA is directed to consult with
impacted Tribes regarding the allocation of funds and to submit
a subsequent reprogramming request to allocate portions of the
funding to Detention/Corrections and Tribal Courts as
necessary.
The Committees direct the Bureau, working with other
Federal partners, to provide the Committees on Appropriations
within one year of enactment of this Act a report on the
training needs for Bureau law enforcement and Tribal law
enforcement with a comprehensive plan on how to recruit, train,
and fill vacancies. As part of this report, the Committees
expect the Bureau to identify partnerships with Federal, State,
and Tribal law enforcement entities for things such as
facilities and hiring processes that could be utilized to
address needs. The report should also identify potential
legislative changes to improve recruitment and retention.
The agreement includes $113,369,000 for Detention/
Corrections, which includes a $5,000,000 general increase, and
continues the increases for Indian country detention facilities
and background checks provided in fiscal year 2021. Due to
reports of high numbers of deaths in BIA-funded detention
facilities, the Committees direct the Office of the Inspector
General (OIG) to follow-up on closed OIG recommendations to
determine whether changes made by BIA in response to prior
recommendations are being implemented correctly. As part of the
review, the Committees expect the OIG to examine appropriations
provided for Detention/Corrections in prior years to determine
how the funds were spent and whether they were spent correctly.
This review should begin no later than 60 days of enactment of
this Act.
The agreement includes $24,898,000 for Law Enforcement
Special Initiatives, of which an additional $5,000,000 is to
continue addressing the MMIW effort, as requested. The
Committees expect the Bureau to provide a comprehensive review
of the MMIW Initiative to the Committees within 120 days of
enactment of this Act, including all activities and associated
funding by line, fund distribution, number of cold cases
resolved, FTEs, law enforcement vacancies in each Bureau region
(even if not MMIW related), as well as the number of public
safety and justice background checks by activity pending as of
the date of enactment of this Act. Funding for the Tiwahe
recidivism initiative, equipment to collect and preserve
evidence at crime scenes, and victim witness specialists is
continued at fiscal year 2021 enacted levels.
For Tribal Justice Support, $30,809,000 is provided, which
continues $3,000,000 to implement and ensure compliance with
the Violence Against Women Act and provides an additional
$4,000,000 to address the needs of Tribes affected by Public
Law 93-280 as outlined in the Senate Report 116-123.
An additional $5,000,000 is included for Tribal Courts
(TPA) for a total of $43,169,000, of which no more than
$1,000,000 may be used for operation and maintenance of courts,
as requested.
Community and Economic Development.--The bill provides
$29,353,000 for community and economic development programs,
which includes $13,401,000 for Job Placement and Training
(TPA), $5,218,000 for Economic development (TPA), of which an
additional $2,000,000 is provided for business incubators, and
$10,734,000 is for community development central oversight, of
which an additional $1,500,000 is to implement the NATIVE Act.
The Committees direct funding of not less than $7,500,000 be
used for grants to Tribes, Tribal organizations, and Native
Hawaiian organizations to carry out Public Law 114-22. The
agreement includes an additional $1,500,000 for grants to
federally recognized Indian Tribes and Tribal organizations to
provide native language instruction and immersion programs to
Native students not enrolled at BIE schools, including those
Tribes and organizations in states without Bureau-funded
schools.
Executive Direction and Administrative Services.--The bill
includes $270,600,000 for executive direction and
administrative services, of which: $19,409,000 is for Assistant
Secretary support, which includes an additional $500,000 to
implement the PROGRESS Act, $800,000 to establish the Diversity
and Inclusion program for BIA and OST, and $7,000,000 to
implement the Native boarding school initiative to review past
boarding school policies and to prepare a report on future
efforts required to address this past wrong. Within
Administrative Services (Central), an additional $2,800,000 is
provided for uses as requested, and within Information
Resources Technology, a $6,200,000 increase is provided for
uses as requested. The bill includes $1,250,000 for Special
Initiatives identified in table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included at the end
of this division.
INDIAN LAND CONSOLIDATION
The bill establishes a new account as requested and
provides $7,000,000 for Indian Land Consolidation. Within 30
days of enactment of this Act, the Bureau is directed to submit
administrative expense estimates and performance metrics,
including the proposed number of fractionated interests to be
purchased and acreage consolidated. Going forward, the Bureau
is expected to include this data in the annual budget
justification.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2021 and estimated
to be $240,000,000 in fiscal year 2022.
PAYMENTS FOR TRIBAL LEASES
The bill provides an indefinite appropriation for payments
under section 105(l) of the Indian Self-Determination and
Education Assistance Act, consistent with fiscal year 2021 and
estimated to be $36,593,000 in fiscal year 2022.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $146,769,000 for Construction. All
programs, projects, and activities are maintained at fiscal
year 2021 levels, except for requested fixed cost and
transfers, or unless otherwise specified below.
Public Safety and Justice Construction.--The bill provides
$47,811,000 for public safety and justice construction and
includes the following: $30,500,000 for facilities replacement
and new construction, which includes a $5,000,000 general
program increase; $4,494,000 for employee housing; $9,372,000
for facilities improvement and repair; $171,000 for fire safety
coordination; and $3,274,000 for fire protection.
The Bureau is expected to distribute funds provided in this
Act to expeditiously complete construction of adult detention
center projects that were previously awarded. Remaining amounts
should be considered available for all public safety and
justice facilities, consistent with previous direction.
Direction is provided for the Bureau to: (1) produce a plan on
how to spend unobligated public safety and justice balances on
facilities in poor condition; and (2) provide the plan to the
Committees within 120 days of enactment of this Act.
The Committees note with concern the frustrations raised by
the San Carlos Apache Tribe about replacement of the 'Building
86' public safety facility operated by the Tribe and directs
the Bureau to continue to work with the Tribe, to the maximum
extent practicable, on a mutually agreeable path forward. The
Committees further direct the Bureau to brief the House and
Senate Committees on Appropriations no later than 90 days after
enactment of this Act on their current efforts to find a
solution.
Resources Management Construction.--The bill provides
$74,060,000 for resources management construction programs.
Within this amount, $28,710,000 is for irrigation project
construction, of which $10,000,000 is continued for projects
authorized by the WIIN Act (Public Law 114-322). The Committees
expect the funds designated for WIIN Act activities will be
deposited into the Indian Irrigation Fund to fund those
projects authorized by Public Law 114-322. Further, the
agreement includes $2,706,000 for engineering and supervision;
$1,016,000 for survey and design; $665,000 for Federal power
compliance; and $40,963,000 for dam safety and maintenance, of
which $2,500,000 is a general program increase. The Committees
direct the Bureau to begin dam safety work expeditiously and to
provide a report to the Committees on the number of reservation
dams in need of a safety review and hazard classification.
Other Program Construction.--The bill provides $24,898,000
for other program construction and includes $1,419,000 for
telecommunications; $4,069,000 for facilities and quarters,
which includes $150,000 for fleet management infrastructure;
and $19,410,000 for program management, which includes an
additional $10,000,000 for BIA to conduct an assessment of BIA-
owned water systems, contractual support to implement projects,
and address lead pipe issues at Indian Affairs infrastructure
and an additional $77,000 to continue the project at Fort Peck.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $1,000,000 for Indian Land and Water
Claim Settlements and Miscellaneous Payments to Indians. These
funds are supplemented in fiscal year 2022 by not less than
$1,368,560,000 appropriated in Public Law 117-58, ensuring that
Indian Affairs will fully meet its statutory obligations for
all authorized settlement agreements to date.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $11,833,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country.
Bureau of Indian Education
OPERATION OF INDIAN EDUCATION PROGRAMS
Bureau of Indian Education.--The bill includes
$1,017,601,000 for Bureau of Indian Education (BIE) program
operations. All programs, projects, and activities are
maintained at fiscal year 2021 enacted levels, except for
requested fixed costs and internal transfers, or unless
otherwise specified below. For this and all other Bureau
accounts funded in this bill, BIE is expected to comply with
the instructions and requirements at the beginning of this
division and in House Report 117-83, unless otherwise specified
below. Additional details, instructions, and requirements
follow below and in the table at the end of this division.
Language contained in the explanatory statement accompanying
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
regarding displaying amounts required to comply with Department
of Defense Education Activity is restated.
Elementary/Secondary Programs.--The bill includes
$638,865,000 for Elementary/Secondary Programs. Tribal grant
support costs are fully funded. An additional $1,500,000 is
included for Native language immersion grants at BIE-funded
schools within education program enhancements and an additional
$5,000,000 is included for a general program increase for
Indian Student Equalization Program Formula Funds.
Johnson O'Malley.--The agreement provides $21,198,000, as
requested.
Post-Secondary Programs (forward funded).--Post-secondary
programs (forward-funded) are provided with $113,283,000, as
requested. The budget request did not include fixed costs for
Tribal colleges and universities or Tribal technical colleges.
Failure to request adequate resources to cover full fixed cost
requirements results in schools having to absorb these
escalating costs at the expense of other program requirements.
BIE is directed to collect this information and include it in
future budget requests. General program increases are also
provided for Scholarships and Adult Education (TPA), special
higher education scholarships, and science post graduate
scholarships.
Education Management.--The agreement includes $59,888,000
for education program management, which includes $400,000 to
establish a Diversity, Equity, Inclusion and Accessibility
office and an additional $8,401,000 for Education IT for
requested uses. Within 90 days of enactment of this Act, BIE is
directed to provide a detailed spend plan with timelines for
the Education IT funds.
EDUCATION CONSTRUCTION
Education Construction.--The bill provides $264,330,000 for
schools and related facilities within the BIE system. All
programs, projects, and activities are maintained at fiscal
year 2021 levels, except for requested fixed costs and internal
transfers, or unless otherwise specified below. Language
contained in the explanatory statement accompanying the
Consolidated Appropriations Act, 2021 (Public Law 116-260)
regarding Tribal college and university operations, maintenance
and infrastructure needs is restated. The agreement includes
the following: $115,504,000 for replacement school campus
construction; $23,935,000 for replacement facility
construction; $1,000,000 for replacement/new employee housing;
$13,589,000 for employee housing repair; $95,302,000 for
facilities improvement and repair; and $15,000,000 for Tribal
colleges and universities' facilities requirements.
Office of the Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $109,572,000 for the Office of the
Special Trustee for American Indians (OST) and rejects the
proposed budget structure for a new Bureau of Trust Funds
Administration (BTFA) within the Office of the Assistant
Secretary-Indian Affairs. This should not be construed as
interfering with the statutorily required sunset of OST. This
amount includes fixed costs as requested and internal transfers
to effectuate historical trust accounting. It does not include
requested internal transfers for new employees, nor are any
funds included for these positions. However, to ensure OST
participates in the Department's Diversity, Equity, Inclusion
and Accessibility initiative in support of Executive Orders
13985 and 13988, the agreement includes $400,000 for Indian
Affairs to perform these activities on OST's behalf until the
future of OST is resolved.
The Committees remain concerned about whether OST has
completed its duties and responsibilities under the 1994 Indian
Trust Reform Management Act (Public Law 103-412). In fiscal
year 2019, Congress adopted the Department's proposal to shift
OST's reporting structure from the Secretary to the Assistant
Secretary--Indian Affairs. Congress did not adopt a proposal
providing the Department with unilateral authority to create a
new budget structure and bureau under Indian Affairs.
The Department's actions over the past years with respect
to this issue are concerning. In fiscal year 2021, Congress
rejected the proposed budget structure for BTFA and continued
funding OST. Yet the Department continues to take actions to
establish BTFA, including taking steps towards formalizing BTFA
by referencing BTFA in regulations despite BTFA not having been
approved and not providing sufficient information to
demonstrate compliance with Public Law 103-412. In addition,
Congress expected the Department to consult with Tribes on the
future of OST and its duties. Instead, the Department consulted
on how BTFA should perform OST's functions.
The Committees continue to need additional information to
evaluate the best path forward for any remaining OST functions
and responsibilities once OST sunsets. The Government
Accountability Office (GAO) has yet to complete its work
directed by Congress in fiscal year 2021, in part because the
Department has not provided GAO with requested information in a
timely manner. The Committees are committed to working with the
Department on a path forward to fulfill its trust
responsibilities. Therefore, the Department is expected to work
with GAO and provide the requested information in a timely
manner to help the Committees make a more informed decision.
Departmental Offices
Office of the Secretary
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $123,367,000 for the Office of the
Secretary, Departmental Operations appropriation. Specific
allocations at the activity level are contained in the table at
the back of this explanatory statement. Fixed costs are
provided as requested. Within the Executive Direction activity,
the proposed transfer is accepted. Within the Leadership and
Administration activity, funds are included to carry out
activities in support of the Secretary's responsibilities under
the Hawaiian Home Lands Recovery Act. The Department is
directed to maintain the Office of Native Hawaiian Relations
within the Office of the Assistant Secretary for Policy,
Management, and Budget.
Wild Horse and Burro Task Force.--The Secretary is to
establish a task force to bring experts from all relevant
Interior Bureaus together to address the challenge of wild
horses and burros as outlined in the beginning of this
division. This task force is to have monthly meetings to review
performance metrics, monitor outcomes, assess milestone
achievements, and address any delays or setbacks to the
implementation of the May 2020 report. The task force should
analyze Federal investments and determine if any course
correction is necessary. In subsequent years, task force
membership will be expanded as previously outlined. The
Secretary is to report to the Committees within 90 days of
enactment of this Act on the establishment of this task force
and a proposed meeting schedule.
Insular Affairs
ASSISTANCE TO TERRITORIES
The bill provides $113,477,000 for Assistance to
Territories. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
Compact of Free Association
The bill provides $8,463,000 for Compact of Free
Association, equal to the fiscal year 2021 enacted level. A
detailed table of funding recommendations below the account
level is provided at the end of this explanatory statement.
The agreement includes $5,000,000 as the third payment
towards the $20,000,000 requested by the Republic of the
Marshall Islands in September 2009, as authorized in section
111(d) of the Compact of Free Association Act of 1986 (Public
Law 99-239; 99 Stat. 1799; 48 USC 1911) and section 108(b) of
the Compact of Free Association Amendments Act of 2003 (Public
Law 108-188; 117 Stat. 2755; 48 USC 1921g).
Office of the Solicitor
SALARIES AND EXPENSES
The bill provides $94,998,000 for the Salaries and Expenses
appropriation within the Office of the Solicitor. Specific
allocations at the activity level are contained in the table at
the back of this explanatory statement. The Committees provide
fixed costs and internal transfers, as requested. Remaining
funds may be used to fund necessary costs required for office
moves. To the extent funding is available, the Committees urge
the office to consider further increases to staffing to address
the department-wide backlog of pending Freedom of Information
Act (FOIA) requests. FOIA Office staff are directed to brief
the Committees semiannually on their efforts related to the
backlog.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $62,132,000 for the Office of Inspector
General.
Department-Wide Programs
Wildland Fire Management
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,026,097,000 for Department of the
Interior Wildland Fire Management. Combined with $330,000,000
appropriated in the Wildfire Suppression Operations Reserve
Fund, the total amount for fire suppression operations at the
Department is $713,657,000. The detailed allocation of funding
by activity is included in the table accompanying this
explanatory statement.
Other Operations.--The bill provides $271,897,000 for other
wildland fire management operations. Within hazardous fuels,
funding is included for Reserved Treaty Rights Lands for Tribal
Nations to participate in collaborative projects with other
landowners supporting the health and resiliency of priority
Tribal resources at high risk to wildfire. The Department is
directed to provide a briefing to the Committees within 60 days
of enactment of this Act on the proposed distribution of
hazardous fuels funding to its component bureaus, the
allocation methodology, and how it takes into account areas
with special designations, such as the Oregon and California
Grant Lands. The Department is directed to provide $4,000,000
to the Joint Fire Science program for fiscal year 2022, which
combined with funding in the Forest Service provides $8,000,000
in total. Direction related to the Joint Fire Science Program
is included under the Forest and Rangeland Research heading in
House Report 117-83. The Department shall report at the end of
each fiscal year the number of acres treated by prescribed
fire, mechanical fuels reduction, and thinning activities, as
well as the acres treated in wildland urban interface and the
costs associated with such activities.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $330,000,000 for the Wildfire Suppression
Operations Reserve Fund, which is $20,000,000 above the enacted
level. S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, included a
budget cap adjustment for wildfire suppression costs and this
additional funding is included for fiscal year 2022.
CENTRAL HAZARDOUS MATERIALS FUND
The bill provides $10,036,000 for the Central Hazardous
Materials Fund appropriation.
ENERGY COMMUNITY REVITALIZATION PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $5,000,000 for the Energy Community
Revitalization Program. The funding provided allows entities to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, and remediate abandoned hardrock mines,
orphaned oil and gas wells, and orphaned infrastructure,
including but not limited to, facilities, pipelines, structures
or equipment used in energy production operations, as
authorized by law. Public Law 117-58 provided $4,700,000,000
for orphan oil and gas well cleanup. Therefore, this agreement
directs that the priority focus for this funding be to address
abandoned hardrock and non-coal mine sites, including sand and
gravel pits and abandoned uranium mines on Federal, State,
Indian, and other non-Federal lands. In subsequent fiscal
years, the Committees will examine the status of the
remediation of abandoned hardrock mines and orphaned oil and
gas wells and their associated infrastructure and direct how
appropriated resources should be allocated.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $7,933,000 for the Natural Resource
Damage Assessment Fund appropriation. Specific allocations at
the activity level are contained in the table at the back of
this explanatory statement.
WORKING CAPITAL FUND
The bill provides $91,436,000 for the Working Capital Fund
appropriation.
OFFICE OF NATURAL RESOURCES REVENUE
The bill provides $169,640,000 for the Natural Resources
Revenue appropriation of which $1,000,000 is to support Osage
Trust Accounting activities as requested.
Distribution of GOMESA Revenues.--The Office is directed to
distribute revenues from Gulf of Mexico operations in a manner
consistent with current law, including the Gulf of Mexico
Energy Security Act (GOMESA) of 2006 (Public Law 109-432), as
amended.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions affecting
the Department in Title I of the bill, ``General Provisions,
Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements with
non-profit organizations for long-term care of wild horses and
burros.
Section 109 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 110 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively perform
reimbursable work.
Section 111 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 112 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 113 provides the Secretary of the Interior the
ability to transfer funds among and between the Bureau of
Indian Affairs and the Bureau of Indian Education.
Section 114 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 115 directs notification of any deviation in
procedure or equipment.
Section 116 allows the National Park Service to convey
lands for purposes of transportation and recreation for a
specific project.
Section 117 authorizes Tribally controlled schools access
to interagency motor vehicles in the same manner as if
performing activities under the Indian Self Determination and
Education Assistance Act.
Section 118 extends the authorization for the Delaware
Water Gap National Recreation Area.
Section 119 addresses National Heritage Areas.
Section 120 authorizes the Secretary of the Interior to
conduct a study to evaluate resources associated with the 1965
Voting Rights March from Selma to Montgomery.
Section 121 modifies a provision on the exhaustion of
administrative review.
Section 122 provides the Secretary of the Interior with
certain pay authority for the Appraisal and Valuation Services
Office.
Section 123 addresses the issuance of rules for sage-
grouse.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The agreement provides $9,559,485,000 for the Environmental
Protection Agency (EPA). The Agency is expected to comply with
the instructions and requirements at the beginning of this
division and in House Report 117-83, unless otherwise specified
below. Additional details, instructions, and requirements
follow below and in the table at the end of this division.
Congressional Budget Justification.--The Committees direct
the Agency to include in future justifications the provisions
included in the joint explanatory statement accompanying Public
Law 116-260.
Operating Plan.--Within 30 days of enactment of this Act,
the Agency is directed to submit to the House and Senate
Committees on Appropriations its annual operating plan for
fiscal year 2022. The operating plan shall adhere to the
program area levels, and where applicable, the program project
levels, specified within this explanatory statement. For
program project levels not otherwise specified herein, the
operating plan should detail how the Agency plans to allocate
funds at the program project level. Further, the budgets of
each major office should be itemized to indicate the source of
funds for each major office by program project level. Further,
the Agency is directed to continue the longstanding practice of
submitting quarterly statement of balances reports, and the
Agency is directed to display data separately for both the
current fiscal year and the prior fiscal year.
Workforce and Staffing Plans.--The Committees direct the
Agency to adhere to the provisions included in the joint
explanatory statement accompanying Public Law 116-260.
PFAS and Contaminants of Emerging Concern.--The Committees
encourage the Agency to continue to take action on PFAS,
including addressing contamination, advancing clean up and
treatment solutions, conducting research, and undertaking
needed rulemaking actions. Within 60 days of enactment of this
Act, the Agency is directed to brief the Committees on planned
fiscal year 2022 PFAS-related actions and provide the
Committees with a spend plan that details funding at the
program project level.
Combination of Separate Fiscal Year Grant Funding.--The
Committees continue the directive contained in the joint
explanatory statement accompanying Public Law 116-260.
Science and Technology
For Science and Technology programs, the agreement provides
$750,174,000. The bill transfers $30,985,000 from the Hazardous
Substance Superfund account to this account. The agreement
provides the following specific funding levels and direction:
Clean Air.--The agreement provides $134,314,000 for Clean
Air. The Committees are aware of a strong interest from a
number of stakeholders to generate Renewable Fuels Standard
credits from renewable electricity, also referred to as
``eRINs''. The Committees understand that EPA is planning to
propose to revise the existing EPA regulations related to eRINs
as part of a future rulemaking action. The Committees urge the
Agency to undertake this rulemaking in a timely manner to
provide transparency and clarity for all stakeholders and
direct the Agency to brief the Committees on its progress
within 180 days of the enactment of this Act.
Research: Air and Energy.--The agreement provides
$95,406,000 for Research: Air and Energy. Within available
funds, the Committees continue funding for the study under the
heading ``Partnership Research'' contained in the explanatory
statement of Public Law 115-141.
Research: Chemical Safety and Sustainability.--The
agreement provides $127,447,000 for Research: Chemical Safety
and Sustainability. Of the funds provided, $1,500,000 shall be
used to develop and demonstrate nano-sensor technology with
functionalized catalysts that have potential to degrade
selected contaminants in addition to detecting and monitoring
pollutants.
Research: National Priorities.--The agreement provides
$11,430,000 for Research: National Priorities, including
$8,500,000 for extramural research grants, independent of the
Science to Achieve Results (STAR) grant program, as specified
under this heading in Public Law 116-260.
The agreement provides $2,000,000 in congressionally
directed spending to study the feasibility of establishing PFAS
treatment facilities for surface water and groundwater across
the State of Alaska, including mobile treatment systems. The
bill also includes $50,000 in congressionally directed spending
to support harmful algal bloom monitoring in the Kodiak region
of Alaska for purposes of studying the public health and
environmental impacts of harmful algal blooms in the region,
and $80,000 in congressionally directed spending for research
to assess wastewater infrastructure in Delaware that is
vulnerable to PFAS contamination and to research and identify
possible sources of PFAS contamination. The bill provides
$800,000 in congressionally directed spending to support the
establishment of a Center for Wildfire Smoke Research and
Practice to study the effects on public health of smoke
emissions from wildland fires as well as the means by which
communities can better respond to and protect against the
impacts of emissions from wildland fires. Further detail on
these projects is located in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
Research: Safe and Sustainable Water Resources.--The
agreement provides $112,574,000 for Research: Safe and
Sustainable Water Resources. Of the funds provided, up to
$3,000,000 shall be used for grants under section 2007 of
America's Water Infrastructure Act (P.L. 115-270).
Additionally, consistent with House Report 117-83 direction,
the agreement provides up to $1,000,000 for the Agency to use
existing tools and capabilities under the Clean Water Act to
address alpine lake water quality and resilient uplands
management.
Of funds provided, at least $4,000,000 is to be used for
research for Enhanced Aquifer Use and Recharge. The Agency
shall distribute funds to appropriate Research Centers to carry
out research activities that would directly support groundwater
research on Enhanced Aquifer Recharge (EAR), including support
of sole source aquifers; to work collaboratively with the U.S.
Geological Survey to carry out these activities; and to
partner, through cooperative agreements, contracts, or grants,
with universities, Tribes, and water related institutions for
planning, research, monitoring, outreach, and implementation in
furtherance of EAR research.
Additional Guidance.--The following additional guidance is
included:
Advanced Biofuels from Canola Oil.--In addition to House
guidance on ``Pathways for Renewable Fuel,'' the Committees
note that the Agency receives petitions for renewable fuel
pathways that would enhance feedstock flexibility and support
growth in the production and use of advanced biofuels. The
Committees are aware that the Agency received a petition to
include pathways for renewable diesel produced from canola oil
as advanced biofuel. The Committees encourage the Agency to
expedite review and report to the Committees on the status of
the petition if a determination is not made within two years of
the date of submission.
Framework for Cumulative Risk Assessment.--In lieu of the
directive in House Report 117-83, the Agency is directed to
brief the Committees on the Framework for Cumulative Risk
Assessment and any planned reviews of the Framework.
Harmful Algal Blooms.--The agreement provides $6,000,000
and the Agency is directed to follow the guidance in House
Report 117-83 and Senate Report 116-123.
Health Outcomes and Links to Pollution.--In lieu of
direction under the heading ``Coronavirus Health Outcomes and
Links to Pollution'' in House Report 117-83, the Committees
encourage the Agency to investigate any linkages between
exposure to pollution and increased risk for adverse health
outcomes from communicable respiratory diseases.
Integrated Risk Information System (IRIS) program.--In lieu
of the directive in House Report 117-83 under the heading
``Maintaining IRIS Program Integrity,'' the Committees direct
the Agency to continue the IRIS program within the Office of
Research and Development and to utilize the IRIS program to
support the Agency's mission to protect human health and the
environment.
Landfill Emissions Research.--The Committees encourage the
Agency to prioritize efforts to refine greenhouse gas and air
pollutant measurement. Municipal solid waste landfills continue
to be a significant source of greenhouse gas and hazardous air
pollutant emissions. The Committees direct that at least
$1,000,000 be used by the Office of Research and Development to
support research grants to quantify emissions of methane and
hazardous air pollutants from landfills using the most
effective technologies, including near-infrared imagining from
satellites, and, during the times the emissions are measured,
any quantity of methane captured by the landfill gas collection
system, as well as strategies to reduce such emissions across
the municipal waste management lifecycle, with a focus on
diversion of organic discards from landfills for composting and
digesting.
Microplastics.--The Committees note the growing concern
regarding pervasive microplastic pollution. The Committees
support the Agency's research on microplastics in water
supplies and encourage the Agency to accelerate efforts to
characterize the risks to human and ecosystem health as well as
potential solutions. The Committees direct the Agency to brief
the Committees on these efforts within 180 days of enactment of
this Act.
Non-vertebrate Testing Methods.--The Committees note that
Public Law 114-182 (the Lautenberg Act) directed the Agency to
update Congress on efforts to advance non-animal testing and
goals for future alternative test methods and strategies
implementation. The Agency is directed to brief the Committees
on its efforts as well as the Agency's experience with
submitters developing information by means of an alternative
test method or strategy before conducting new vertebrate animal
testing, consistent with Section 4(h)(3)(A) of the Act. The
Committees also note that new approach methodologies (NAMs),
including in vitro tests, in chemico assays and in silico
models, represent key advances in science to support hazard and
risk assessments of pesticides and chemicals. The Committees
encourage the Agency to continue supporting and performing
research on the development and evaluation of NAMs through the
Chemical Safety for Sustainability National Research Program.
Science to Achieve Results (STAR) Grants.--The agreement
provides funds to continue the STAR program and directs the
Agency to distribute grants consistent with fiscal year 2021.
The Committees also direct that funding for Children's
Environmental Health and Disease Prevention be continued. The
Committees support the efforts of the Agency to focus this
funding on research related to early life stage, including
prenatal, vulnerabilities to environmental stressors. The
Agency is directed to brief the Committees on the program
within 60 days of enactment of this Act.
Water Security Test Bed.--Consistent with House Report 117-
83 direction, the agreement provides up to $1,000,000 for
advancing full scale applied research and testing capabilities
to address threats to drinking water and associated
infrastructure at Water Security Test Bed facilities.
Wildfire Smoke Research.--The Committees note with concern
the adverse health effects that smoke from wildfires has on
impacted communities. The Committees encourage the Agency to
expand its efforts to identify methods to reduce smoke exposure
during wildfire episodes and improve wildfire smoke monitoring
and prediction.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For Environmental Programs and Management, the bill
provides $2,964,025,000. The agreement provides the following
specific funding levels and direction:
Clean Air.--The agreement provides $290,328,000 for Clean
Air. The Committees recognize the value of and continues to
support the EnergySTAR program and other programs where EPA
works collaboratively with non-governmental entities to
identify beneficial methods to reduce emissions, reduce
pollution, or increase efficiency.
Compliance.--The agreement provides $103,500,000 for
Compliance.
Enforcement.--The agreement provides $335,934,000 for
Enforcement, of which, $94,159,000 is for environmental justice
to make significant progress implementing tasks outlined in the
``EJ 2020 Action Agenda,'' and to continue its EJ grant
programs. The budget structure for Environmental Justice
remains consistent with prior years. In lieu of the House
directives regarding Environmental Justice contained in House
Report 117-83, the Agency is directed to provide the Committees
with a spend plan 30 days after enactment of this Act and to
provide a subsequent comprehensive briefing on how
Environmental Justice work will be conducted across the Agency.
Concurrently, the Committees expect the Agency to outline a
comprehensive Environmental Justice proposal in its fiscal year
2023 budget, including specifics about a proposed national
program office and relevant program metrics, so that the
proposal can be transparently considered by all stakeholders.
Environmental Protection: National Priorities.--The
agreement provides $25,700,000, an increase of $4,000,000 above
the enacted level, for a competitive grant program for
qualified non-profit organizations to provide technical
assistance for improved water quality or safe drinking water,
adequate waste-water to small systems, or individual private
well owners. The Agency shall provide $22,000,000 for
Grassroots Rural and Small Community Water Systems Assistance
Act (Public Law 114-98), for activities specified under section
1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)(8)). The Agency is also directed to provide $2,700,000 for
grants to qualified not-for-profit organizations for technical
assistance for individual private well owners, with priority
given to organizations that currently provide technical and
educational assistance to individual private well owners. The
Agency is directed to provide on a national and multi-State
regional basis, $1,000,000 for grants to qualified
organizations for the sole purpose of providing on-site
training and technical assistance for wastewater systems. The
Agency shall require each grantee to provide a minimum 10
percent match, including in-kind contributions. The Agency is
directed to allocate funds to grantees within 180 days of
enactment of this Act.
Geographic Programs.--The agreement provides $587,192,000
as described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The agreement provides
$348,000,000 for the Great Lakes Restoration Initiative. The
Agency shall continue to follow the direction as provided in
House Report 117-83 and Senate Report 115-276 related to the
Great Lakes Restoration Initiative.
Chesapeake Bay.--The agreement provides $88,000,000 for the
Chesapeake Bay program. From within the amount provided,
$9,625,000 is for nutrient and sediment removal grants and
$9,625,000 is for small watershed grants to control polluted
runoff from urban, suburban, and agricultural lands, and
$7,250,000 is for state-based implementation in the most
effective basins.
San Francisco Bay.--The agreement provides $24,000,000 for
the San Francisco Bay program. The Committees direct the Agency
to undertake priority activities within the San Francisco Bay
estuary Comprehensive Conservation and Management Plan approved
under section 320 of the Clean Water Act.
Puget Sound.--The agreement provides $34,250,000 for Puget
Sound and the Agency is directed to follow the guidance in
House Report 117-83.
Long Island Sound.--The agreement provides $31,400,000 for
the Long Island Sound program and the Agency is directed to
follow the guidance in House Report 117-83.
South Florida.--The agreement provides $7,500,000 for the
South Florida program. Within the funds provided, the
Committees recommend at least $1,750,000 to monitor coral
health in South Florida; $1,025,000 to enhance water quality
and seagrass monitoring in the Caloosahatchee Estuary and
Indian River Lagoon, especially with respect to assessing the
impact of Lake Okeechobee discharges and harmful algal blooms;
and $1,025,000 to enhance water quality and seagrass monitoring
in Florida Bay and Biscayne Bay, especially with respect to
assessing the impact of Everglades Restoration projects and
harmful algal blooms.
Gulf of Mexico.--The agreement provides $22,447,000 for the
Gulf of Mexico Geographic Program. The Committees note that
hypoxia continues to be a growing cause for concern. The
Committees direct the Agency to coordinate with the Department
of Agriculture, the Gulf States, and other State, local, and
private partners to leverage greater resources toward
conservation projects on working-lands within the Gulf Region
and Mississippi River Basin. The Agency is directed to
distribute funds in the same manner as fiscal year 2021.
Lake Champlain.--The agreement provides $20,000,000 for the
Lake Champlain program. From within the amount provided,
$12,000,000 shall be allocated through the Lake Champlain Basin
Program and the remaining amount shall be directed to support
significant, impactful projects identified in the State
implementation plan that will make measurable progress towards
meeting the phosphorus reduction targets of the EPA's 2016
Phosphorus Total Maximum Daily Load Plan for Lake Champlain.
Southern New England Estuaries.--The agreement provides
$6,000,000 for the Southern New England Estuaries program and
the Agency is directed to follow the guidance in House Report
117-83.
Great Lakes and Lake Champlain Invasive Species Program.--
The Committees appreciate receiving the Agency's recent plan on
its previous and planned actions to implement the Great Lakes
and Lake Champlain Invasive Species Program as authorized by
the Vessel Incident Discharge Act (Public Law 115-282). In
fiscal year 2022, the Committees expect the Agency to implement
its plan expeditiously and direct the Agency to continue to use
funds from the appropriate Geographic Programs to address
invasive species in the Great Lakes and Lake Champlain.
Information Exchange/Outreach.--The agreement provides
$125,046,000 for Information Exchange/Outreach. Environmental
Education is funded at not less than $8,615,000. The Committees
are concerned that the smart skin cancer education program has
recently received insufficient attention from the Agency;
therefore, the Agency is directed to use Environmental
Education funds for the smart skin cancer education program,
similar to prior years.
Resource Conservation and Recovery Act (RCRA).--The
agreement provides $120,075,000 for Resource Conservation and
Recovery Act. Of the funds provided under this program area,
$9,000,000 is for implementation of a Federal permit program
for coal combustion residuals in non-participating states, as
authorized under section 4005(d)(2)(B) of the Solid Waste
Disposal Act (42 U.S.C. 6945(d)(2)(B)), or to provide technical
assistance to states establishing their own permitting program
under section 4005(d) of the Solid Waste Disposal Act (42
U.S.C. 6945(d)).
The Committees appreciate the work that EPA has done to
improve recycling rates across the country, including through
the National Recycling Strategy goal to increase the U.S.
recycling rate to 50 percent by 2030. The Committees
acknowledge the importance of the third goal laid out in the
National Recycling Strategy: to improve markets for recycled
content. The Committees recognize the need for a robust market
for recycled content and provide $1,000,000 to support
activities that will improve markets for recycled materials,
such as participating in the collaborative development of
minimum recycled content standards for certain single-use
products, reviewing and updating the products designated by
EPA's Comprehensive Procurement Guidelines Program, assessing
the extent to which toxic materials in plastics are re-
incorporated into new products, and updating the recommended
recycled-content levels of designated products. Additionally,
consistent with House Report 117-83 direction, the agreement
provides no less than $1,000,000 for the Agency to work with
relevant stakeholders to educate consumers and households about
residential and community recycling programs and an additional
$1,000,000 for the Agency to assist communities with recycling
infrastructure to help recapture valuable materials and divert
biodegradable materials from landfilling to reduce the
generation of methane gas.
The Committees provide $1,500,000 for the Agency to enter
into an agreement with the National Academy of Sciences to
conduct a study of the costs of recycling programs to State,
Tribal, local and municipal governments (including recycling
fees paid directly by residents) and to include policy
recommendations. The Agency is directed to provide a report to
the Committees within 270 days after enactment of this Act.
The agreement does not include direction in House Report
117-83 under the heading ``Reducing Plastic Waste in
Commerce.''
Toxics Risk Review and Prevention.--The agreement provides
$98,060,000 for Toxics Risk Review and Prevention activities.
The Committees are providing increased resources to help ensure
the Agency can carry out EPA's duties under the Toxic
Substances Control Act (TSCA) as amended by the 2016 Lautenberg
Act to bolster the transparency and scientific integrity of the
program. The Committees remind the Agency that the Lautenberg
Act established a shared responsibility for the taxpayer and
industry to contribute their share to support the TSCA program.
The Committees recognize that the Agency has reproposed its
TSCA Service Fees Rule and encourage the Agency to properly
consider full costs in its deliberations, in line with the
Lautenberg Act's intent. Additionally, the Committees support
the Safer Choice program and direct that the program be funded
and operated consistent with prior years.
Water: Ecosystems.--The agreement provides $55,071,000 for
Water: Ecosystems and provides $35,000,000 for National Estuary
Program (NEP) grants as authorized by section 320 of the Clean
Water Act, and other activities. This amount is sufficient to
provide each of the 28 national estuaries in the program with a
grant of at least $750,000. Further, in the Administrative
Provisions section, the bill directs that $2,000,000 in
competitive grants be made available for additional projects.
The agreement also provides up to $1,000,000 to support the
Hypoxia Task Force's work, as outlined in House Report 117-83,
to provide assistance to state and tribal partners as they
implement comprehensive water quality solutions designed to
reduce nutrient loads in waterways throughout the greater
Mississippi River Basin, consistent with the Gulf Hypoxia
Action Plan.
Water: Human Health Protection.--The Committees recommend
$109,487,000 for Water: Human Health Protection. The Committees
urge the Agency to proceed expeditiously to support monitoring
for unregulated contaminants under Section 1445(a)(2)(C) of the
Safe Drinking Water Act and direct the Agency to brief the
Committees on the Agency's implementation plan within 180 days
of the enactment of this Act.
To the extent there are eligible permit and primacy
applications for review, the agreement provides $5,000,000 for
the Agency's continued work within the Underground Injection
Control program related to Class VI wells for geologic
sequestration to help develop expertise and capacity at the
Agency.
Water Quality Protection.--The agreement provides
$216,350,000 for Water Quality Protection. The Agency is
encouraged to continue using infrastructure solutions, such as
distribution network leak detection, pressure monitoring, and
sanitary and combined sewer monitoring technologies during
upgrades to water and wastewater systems, to optimize water
delivery performance, reduce energy usage, limit water waste in
distribution systems, and enhance modeling of sewer collection
networks. This will help to improve operations, maintenance,
and capital expenditure in planning and budgeting and increase
spatial and temporal monitoring data available on U.S. water
quality and quantity. The Committees support the WaterSense
program and appreciate EPA's work to advance water recycling
through the National Water Reuse Action Plan (WRAP).
The Committees support the Agency's ongoing activities
related to integrated planning, which will be increasingly
necessary as States and communities work to meet their myriad
clean water obligations while keeping rates affordable for
water ratepayers. The Committees direct that funding for the
Office of Municipal Ombudsman, as authorized by Congress, be
funded at not less than the enacted level.
Additional Guidance.--The following additional guidance is
included:
Biointermediates.--The Committees appreciate the work of
the Agency to address the coprocessing of biointermediates and
urge the Agency to finalize a rule permitting the production,
transfer, and use of biointermediates. The Committees direct
the Agency to brief the Committees within 60 days of enactment
of this Act about its plans for action.
Community Air Quality Monitoring.--The Committees urge the
Agency to prioritize air quality monitoring systems that yield
frequently repeated measurements of pollutants and identify
hotspots or areas of persistent elevated levels of pollutants
localized to and caused by the characteristics of a specific
geographic location. The Committees encourage the Agency to
utilize this information to provide regularly updated data to
overburdened and marginalized communities and for public
awareness and other activities.
Environmentally Preferable Purchasing Program.--The
Committees note that through the Environmentally Preferable
Purchasing Program, the Agency makes efforts to improve the
sustainable marketplace and uses purchasing power to help
catalyze sustainable products innovation. The Committees direct
the Agency to provide a briefing, within 180 days of enactment
of this Act, on planned updates to the Recommendations of
Specifications, Standards and Ecolabels for Federal Purchasing
and conducting lifecycle environmental impact assessments to
help reduce plastic waste.
Food Waste.--The Committees direct that, no later than
September 30, 2022, EPA, in coordination with the U.S.
Department of Agriculture, shall provide a briefing to the
Committees on how the nation is meeting, and how the agencies
are measuring progress against the U.S. 2030 Food Loss and
Waste Reduction Goal.
Modeling and Monitoring of Tijuana River Transboundary
Pollution Events.--Within existing funds, the Committees
encourage EPA to advance predictive models to assess and
evaluate potential infrastructure projects to reduce beach
closure days and other related impacts from transboundary
untreated sewage pollution events.
Output-Based Regulations.--The Committees encourage EPA to
inform States of applicable tools, such as output-based
regulations, that will encourage fuel efficiency as an air
pollution prevention measure and assist states in meeting
environmental and energy goals.
Pesticide Licensing and Stakeholder Engagement.--The
Committees urge EPA to consult with public health,
environmental, and other non-governmental organizations,
industry stakeholders, and other interested parties in advance
of the deadline for progress reports required by Sec. 10115 of
Agriculture Improvement Act of 2018 (Public Law 115-334) and to
provide updates to stakeholders as appropriate. The Committees
also request that EPA continue to keep the Committees apprised
of stakeholder engagement activities, consistent with the
timing of progress reports to Congress on Endangered Species
Act consultation.
Pre-Commercial Thinning.--The Committees recognize that
precommercial thinning from non-Federal forestland that is not
ecologically sensitive forestland can qualify as renewable
biomass for purposes of the Renewable Fuel Standard under the
provisions detailed in 40 C.F.R. 80.1401. The Committees
encourage the Agency to support other Federal agencies leading
efforts to enhance markets for low-grade and low-value wood.
Small Refinery Relief.--The Committees recognize that the
Renewable Fuels Standard (RFS) under Clean Air Act Section
211(o)(9) provides that EPA may exempt small refineries from
compliance with the RFS in certain circumstances and that a
small refinery ``may at any time petition the Administrator for
an extension of the exemption . . . for the reason of
disproportionate economic hardship.''
Transboundary Watersheds.--The Committees direct the Agency
to continue and expand its work coordinating with Federal,
State, local, and Tribal agencies to monitor and reduce
transboundary mining pollution in the Kootenai watershed and
other U.S.-British Columbia transboundary watersheds. The
Agency is also directed to report to the Committees within 90
days of enactment of this Act on its progress to document
baseline conditions and mining-related impacts, and any
additional staff or resources needed for this project. These
efforts are funded at no less than the enacted level.
Unregulated Contaminant Monitoring Rule.--The Committees
recognize stakeholder interest in monitoring additional
unregulated contaminants in drinking water beyond what was
recently proposed by EPA and encourage the Agency to consider
additional contaminants in future Unregulated Contaminant
Monitoring Rules.
Updating Safe Drinking Water Information System.--The
Committees recognize that the Safe Drinking Water Information
System is in need of updates and expansion to maximize its
utility for States, Territories, Tribes, utilities, and the
public. The Committees expect the Agency to provide a briefing
within 180 days of the enactment of this Act on the Agency's
plans and resource needs for on-going and upcoming updates.
Water Infrastructure Interagency Coordination.--The
Committees urge EPA to fund specific interagency coordination
groups in support of effective water and wastewater
infrastructure and services to colonias and Tribal communities.
Interagency coordination groups should promote interagency
planning and program coordination to better facilitate the
construction, improvement, and maintenance of water and
wastewater infrastructure and services in colonias and Tribal
communities. The Interagency coordination groups are also
encouraged to coordinate research efforts on the nexus between
pollutant exposures, access to water, and disparities in
coronavirus mortality and morbidity rates.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The agreement discontinues new appropriations for the
Hazardous Waste Electronic Manifest System Fund account,
consistent with the budget request. Because the e-Manifest
Program is now fully operational and fee-supported, funding in
this account is no longer necessary.
Office of Inspector General
The bill provides $44,030,000 for the Office of Inspector
General. The bill transfers $11,800,000 from the Hazardous
Substance Superfund account to this account.
BUILDINGS AND FACILITIES
The bill provides $34,752,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,232,850,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $11,800,000 to the Office of Inspector General account
and $30,985,000 to the Science and Technology account. The
agreement provides the following additional direction:
Enforcement.--The agreement provides $181,355,000 for
Enforcement, of which, $5,841,000 is for the Environmental
Justice program.
Homeland Security.--The agreement provides $34,050,000 for
Homeland Security. The Agency is directed to include $1,468,000
from these funds as part of the transfer to the Science and
Technology account.
Research: Chemical Safety and Sustainability.--The
agreement provides $12,824,000 for Research: Chemical Safety
and Sustainability. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Research: Sustainable and Healthy Communities.--The
agreement provides $16,463,000 for Research: Sustainable and
Healthy Communities. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Superfund Cleanup.--The agreement provides $816,773,000 for
Superfund Cleanup. Within this amount, the agreement provides
$192,000,000 for Emergency Response and Removal activities.
Additional Guidance.--The following additional guidance is
included:
Adaptive Management.--Adaptive Management continues to show
promise as a tool to expedite Superfund cleanup and
remediation, effectively balance cost and benefits, and
transition contaminated sites back into use while protecting
public health and the environment. The Committees continue to
be interested in the EPA's development of Adaptive Management
Guidance that can be consistently applied across EPA Regions.
The Committees encourage the Agency to prioritize the
finalization and implementation of the Guidance, and to
integrate it with the Agency's 2005 Contaminated Sediment
Remediation Guidance for Hazardous Waste Sites to ensure
consistent application of adaptive management at sediment
sites.
Bubbly Creek.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Contaminants of Emerging Concern.--The Committees recommend
that Emergency Response and Removal activities include
collaborative work with State, Tribal, and local governments to
help communities address contaminants of emerging concern.
Furthermore, the Committees recommend that the Agency
expeditiously remediate Superfund sites contaminated by these
emerging contaminants, including PFAS, and provide technical
assistance and support to States and Tribes during the remedial
cleanup process.
Continued Improvements.--The Agency is directed to follow
the guidance in Senate Report 116-123.
Manganese.--The Committees are concerned about manganese
soil contamination in Chicago and encourage EPA to clean up all
affected areas to the lowest possible limits for residential
screening and monitoring to protect public health.
Polychlorinated Byphenyls (PCB) Contamination.--The Agency
is directed to follow the guidance in Senate Report 116-123.
Tribal Guidance.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Leaking Underground Storage Tank Trust Fund Program
The bill provides $92,293,000 for the Leaking Underground
Storage Tank Trust Fund Program.
Additional Guidance.--The following additional guidance is
included:
Tribal Consultation.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Inland Oil Spill Programs
The bill provides $20,262,000 for Inland Oil Spill
Programs.
State and Tribal Assistance Grants
The bill provides $4,351,573,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Community Project Funding Items/Congressionally Directed
Spending Items.--From within funds provided for capitalization
grants for the Clean Water State Revolving Fund and the
Drinking Water State Revolving Fund, the Committees recommend
$443,639,051 from the Clean Water SRF and $397,766,044 from the
Drinking Water SRF be for Community Project Funding/
Congressionally Directed Spending grants for the construction
of drinking water, waste-water, and storm-water infrastructure
and for water quality protection. Each project shall provide
not less than 20 percent matching funds from non-Federal
sources, unless approved for a waiver. Applicable Federal
requirements that would apply to a Clean Water State Revolving
Fund or Drinking Water State Revolving Fund project grant
recipient shall apply to a grantee receiving a CPF grant under
this section. The Committees note that the following funding
sources are to be treated as non-Federal funds and can be used
to meet the non-Federal matching fund requirement: U.S.
Department of Housing and Urban Development, Community
Development Block Grant program; U.S. Department of
Agriculture, Rural Development Program; and Appalachian
Regional Commission grants. Funding made available to
jurisdictions through the American Rescue Plan Act of 2021
(P.L. 117-2) are considered Federal funds and may not be
applied towards the non-Federal cost share requirement. A
detailed list of projects is in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items.''
Clean Water State Revolving Fund (CWSRF).--The agreement
provides $1,638,826,000 for the Clean Water SRF and directs the
Agency to brief the Committees on addressing the impacts of
nonpoint source pollution and stormwater runoff through the use
of nature-based and other low impact development techniques.
Infrastructure Assistance.--The agreement provides
$3,252,189,000 for infrastructure assistance. The Committees
are aware that the Agency requires a certified operator in
order to release funds for certain water and sanitation
funding; however, some communities do not have a community
system for either, or access to a certified operator.
Therefore, the Committees direct the Agency to work with the
Indian Health Service and those communities that lack water and
sanitation systems, as well as a certified operator, to prevent
the potential loss of funding and develop a training plan for
operator certification.
Brownfields Program.--The agreement provides $91,987,000
for Brownfields grants and directs that at least 10 percent of
such grants be provided to areas in which at least 20 percent
of the population has lived under the poverty level over the
past 30 years as determined by censuses and the most recent
Small Area Income and Poverty Estimates. The bill makes U.S.
territories and possessions categorically eligible for funding
from within this set-aside.
The Committees note the value of multipurpose Brownfields
grant awards, especially in communities that have clusters of
Brownfield sites distributed over a larger geographic area.
Many communities find that these larger awards allow for more
rapid, cost-effective remediation and redevelopment planning,
which in turn produce greater leveraging of Brownfields funding
and offer more substantial returns on Federal investment. The
Committees urge the Agency to tailor the size and frequency of
multi-purpose awards to the needs of each region, in order to
make grant funding consistently available to communities with
Brownfields sites.
Diesel Emission Reductions Grants (DERA).--The agreement
provides $92,000,000 for DERA grants. The Committees note that
the DERA program was recently reauthorized through 2024. The
Committees support the use of DERA funding in transportation
electrification projects.
Targeted Airshed Grants.--The agreement provides
$61,927,000 for Targeted Airshed Grants. These grants shall be
distributed on a competitive basis to nonattainment areas that
the Agency determines are ranked as the top five most polluted
areas relative to annual ozone or particulate matter 2.5
standards, as well as the top five areas based on the 24-hour
particulate matter 2.5 standard where the design values exceed
the 35 mg/m3 standard. To determine these areas, the Agency
shall use the most recent design values calculated from
validated air quality data. The Committees note that these
funds are available for emission reduction activities deemed
necessary for compliance with national ambient air quality
standards and included in a State Implementation Plan submitted
to the Agency. Not later than the end of fiscal year 2022, the
Agency should provide a report to the Committees that includes
a table showing how fiscal year 2020 and 2021 funds were
allocated. The table should also include grant recipients and
metrics for anticipated or actual results.
Combined Sewer Overflow Grants.--The agreement provides
$43,000,000 for Combined Sewer Overflow Grants to control and
treat sewer overflows as authorized and in accordance with
section 4106 of America's Water Infrastructure Act (P.L. 115-
270).
Categorical Grants.--The agreement provides $1,099,384,000
for Categorical Grants. Funding levels are specified in the
table at the end of this division.
Categorical Grant: Hazardous Waste Financial Assistance.--
The agreement provides $102,500,000 for Hazardous Waste
Financial Assistance Grants. The bill includes a provision to
spend categorical grant funds for the purpose of providing
grants to assist States in the development and implementation
of state programs for the control of coal combustion residuals
under section 2301 of the Water and Waste Act of 2016 (Public
Law 114-322), and the Agency is directed to allocate $4,000,000
from the Hazardous Waste Financial Assistance categorical
grants program project for this purpose. The Committees note
that funds awarded under the authority provided by this Act are
not subject to section 3011 of the Solid Waste Disposal Act
(Public Law 89-272).
Categorical Grant: Nonpoint Source (Sec. 319).--The
agreement provides $178,000,000 for Nonpoint Source (Sec. 319)
Grants. Within existing resources, the Committees urge the
Agency to work with recipients to prioritize efforts to reduce
non-point source pollution to help significantly reduce both
the frequency and severity of Harmful Algal Blooms. The
Committees also support ongoing efforts through non-point
source programs and other mechanisms to reduce the amounts of
plastic and other trash from entering waterways.
Categorical Grant: Public Water System Supervision.--The
agreement provides $113,000,000 in Public Water System
Supervision Grants, $1,000,000 above the enacted level. Of the
funds provided, $10,000,000 is to further support States,
Territories, and Tribes in addressing PFAS and other
contaminants of emerging concern as they carry out their Public
Water System Supervision programs.
Categorical Grant State and Local Air Quality Management.--
The agreement provides $231,391,000 for State and Local Air
Quality Management Grants. The Agency is directed to allocate
funds for this program using the same formula as fiscal year
2015. Should the Agency seek to change the formula, it should
submit a proposal in its fiscal year 2023 budget justification
for consideration by the Committees.
Wildfire Smoke Preparedness.--The agreement provides
$4,000,000 for wildfire smoke preparedness grants. These grants
shall be distributed on a competitive basis to States,
federally recognized Tribes, public pre-schools, local
educational agencies as defined in 20 U.S.C. 7801(30), and non-
profit organizations, for assessment, prevention, control, or
abatement of wildfire smoke hazards in community buildings
including schools as defined in 20 U.S.C. 3610(6), and related
activities. The Federal share of the costs of such activities
shall not exceed 90 percent except that the Administrator may
waive such cost share requirement in the case of facilities
located in economically distressed communities. A maximum of 25
percent of grant funding under this paragraph during this
fiscal year may go to recipients in any one State.
Additional Guidance.--The following additional guidance is
included:
National Water System Performance.--In lieu of the
directive in House Report 117-83 under the heading ``National
Water System Consolidation Assessment,'' the Agency is directed
to brief the Committees with 90 days of enactment of this Act
on the financial and technical capacity of smaller water
systems to meet Federal water quality standards. The briefing
should also include a review of the ability of the Drinking
Water Needs Survey to assess water systems' capability to meet
these standards and the average debt levels of such systems.
Use of Iron and Steel.--The bill includes language in title
IV general provisions that stipulates requirements for the use
of iron and steel in State Revolving Fund projects, and the
agreement includes only the following guidance: the Committees
acknowledge that the Agency may issue a waiver of said
requirements for de minimis amounts of iron and steel building
materials. The Committees emphasize that any coating processes
that are applied to the external surface of iron and steel
components that otherwise qualify under the procurement
preference shall not render such products ineligible for the
procurement preference regardless of where the coating
processes occur, provided that final assembly of the products
occurs in the United States.
Water Infrastructure Finance and Innovation Program Account
The agreement provides a total of $69,526,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program. Of
the amount provided, $5,000,000 shall be for implementation of
the SRF WIN Act, as authorized by section 4201 of Public Law
115-270. Greater investment in the replacement of aging
infrastructure will help mitigate nationwide issues the
Committees are tracking related to contaminants such as lead
and arsenic, Combined Sewer Overflows and Sanitary Sewer
Overflows, and the pressing need to improve water delivery.
Administrative Provisions--Environmental Protection Agency
(INCLUDING TRANSFERS OF FUNDS)
The bill continues several administrative provisions from
previous years.
The bill provides for the collection and obligation of
certain hazardous waste electronic manifest fees in accordance
with the Solid Waste Disposal Act.
The bill directs the availability of not less than
$2,000,000 of funds for the National Estuary Program for
competitive grants.
The bill clarifies the use of aircraft in Superfund site
cleanups financed through Special Accounts.
The bill clarifies the availability of expenditures for
information technology from the Working Capital Fund.
The bill provides for the Office of Chemical Safety and
Pollution Prevention and the Office of Water in fiscal year
2022 to use up to $2,000,000 to hire students and recent
graduates as contractors on a temporary or intermittent basis.
The bill provides certain hiring authorities related to
certain specialized professional positions for fiscal years
2022-2025.
Additional Guidance.--The following additional guidance is
included:
Title 42 Hiring Authority.--The agreement expands the
authority for the Agency to hire scientists under 42 U.S.C. 209
in the Office of Research and Development (ORD) and the Office
of Chemical Safety and Pollution Prevention (OCSPP) through
2025. Within the funding provided, the Agency is directed to
enter into an agreement with the National Academy of Sciences
to conduct a study on the Agency's use of Title 42 special
hiring authority over the last ten years and how Title 42 hires
have uniquely contributed to the Agency's mission. The study
should also consider what controls the Agency has in place to
ensure hiring practices are consistent, whether the Agency is
using the authority to hire scientists that are in the highest
priority fields, and what improvements the Agency can make to
better manage its special hiring authority.
TITLE III--RELATED AGENCIES
Department of Agriculture
Office of the Under Secretary for Natural Resources and Environment
The bill provides $1,000,000 for the Office of the Under
Secretary for Natural Resources and Environment.
The Under Secretary is directed to brief the Committees
within 90 days of enactment of this Act on a plan to promote
innovative biomass usage within the Department and across the
government, with the aim of creating additional markets for
hazardous fuels materials, and to encourage the use of wood
products as a green building material, and potentially aid in
carbon storage.
FOREST SERVICE
The agreement maintains funding for the activities
delineated in House Report 117-83, unless otherwise specified
herein, which the Service will fund with the appropriate
combination of salaries and expenses and programmatic funds
within each appropriations account.
The agreement provides up to $10,000,000 for remote
wildfire detection and an increase of up to $1,500,000 for
national scenic and historic trails.
The agreement provides funding to meet new federal minimum
wage standards and the Service is directed to use additional
salaries and expenses resources to strengthen the permanent
wildland fire workforce through increased hiring and conversion
of seasonal to permanent positions.
The agreement provides $1,700,000 for Sudden Oak Death
treatments and partnerships with States and private landowners.
The Service is also expected to partner with Tribes to
prioritize recovery on lands impacted by wildfire. The Service
should consider a separate budget line item for restoring
burned areas in future budget submissions. Lake Tahoe
Restoration Act activities are funded as directed in House
Report 117-83.
The Service should provide a legislative proposal to
establish a non-profit organization that would complement its
International Programs and Trade Compliance mission and expand
its impacts to benefit American forestry stakeholders through
global engagement on climate change, forest products trade,
U.S. migratory species habitat conservation, and initiatives to
protect American forests from invasive pests.
The Service is directed to submit a report to the
Committees detailing its strategy for pursuing the maximum
utilization of domestic labor and long-term workforce
development within 90 days of enactment of this Act.
FOREST SERVICE OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,069,086,000 for Forest Service
Operations. The detailed allocation of funding by activity is
included in the table accompanying this explanatory statement.
FOREST AND RANGELAND RESEARCH
The bill provides $296,616,000 for Forest and Rangeland
Research. Each of the existing facilities and programs shall be
funded at no less than the enacted level. Funding for new
research herein and new geographically-based initiatives shall
not to be factored into base allocations. The detailed
allocation of funding by activity is included in the table
accompanying this explanatory statement.
The Service is directed to work with the National
Agricultural Statistical Service to determine the best way to
survey and report non-timber forest products [NTFP] harvest
volumes on National Forest lands.
Funding Directives.--The agreement provides for the
following research priorities:
--$4,000,000 to the Joint Fire Science program, which
combined with funding in the Department of Interior provides
$8,000,000 in total.
--$2,000,000 for collaborative research to determine the
quantity and spatial distribution of forest biomass and carbon
at multiple spatial scales and analyze the financial impact of
this determination to provide forest carbon program
participants with greater opportunities for income generation.
--$3,000,000 to conduct collaborative research to determine
the distribution and movement of needle pathogens, understand
the disease cycle and the environmental factors that drive the
emergence and distribution of the needle pathogens, and
determine if the appearance is due to more aggressive strains
of the pathogens and the origins of the pathogens.
--$5,000,000 to support the Northeastern States Research
Cooperative. The Service is directed to continue to utilize
existing partnerships with research institutions and States to
fund research to establish methods, tools, and standard
protocols that help quantify forest ecosystem services,
particularly carbon, in natural forested regions as a resource
that can be managed by forest landowners for ecological and
economic benefit.
--$2,000,000 for research on forest-based cellulose
nanomaterials, including material forms, manufacturing
processes, and technology transfer.
--$2,000,000 to support new and existing academic
partnerships to further explore the use of available
technologies like remote sensing and methodologies such as
small area estimation to further refine county and State
biomass estimates as outlined in Sec. 8632 of Public Law 115-
334.
--$4,000,000 for cooperative research to develop new
understandings and innovative solutions to address wildfire
impacts on forested source water, downstream clean water, and
water treatability.
--$3,000,000 for university-led research and partnerships
to better understand fires in the wildland-urban interface,
improve workforce development for wildfire management
professionals, and improve the safety and efficiency of
wildland firefighting techniques.
--$1,500,000 to conduct collaborative research to develop
remote sensing capabilities that deploy acoustic technologies
for wildfire monitoring.
STATE AND PRIVATE FORESTRY
The bill provides $315,198,000 for State and Private
Forestry. The detailed allocation of funding by activity is
included in the table accompanying this explanatory statement.
All funding for specific programs, directives, or
congressionally directed spending identified herein is in
addition to funds otherwise provided to States and regions
through the formula and competitive grant process and therefore
is not to be factored into those allocations.
The Service is directed to support local organizations for
implementing smaller-scale restoration projects through grants
to increase organizations' capacity to collaborate on projects
on Federal and non-Federal lands that benefit the National
Forest System. The Service should model this initiative on the
Community Capacity and Land Stewardship program and engage with
the National Forest Foundation. The Service is directed to
brief the Committees on how it will carry out this program
within 90 days of enactment of this Act.
Within the funds provided, $1,000,000 is for the Forest
Ecosystem Monitoring Cooperative to support existing academic
partnerships in the Northern Forest Region. A reduced non-
Federal cost share shall be negotiated with the host agencies
to enable full implementation of the program. The Service is
directed to continue to utilize existing partnerships with
research institutions and States to fund research to establish
methods, tools, and standard protocols that help quantify
forest ecosystem services, particularly carbon, in natural
forested regions as a resource that can be managed by forest
landowners for ecological and economic benefit.
Cooperative Fire Assistance.--The bill provides $75,000,000
for State Fire Capacity Grants, formerly State Fire Assistance,
and $20,000,000 for Volunteer Fire Capacity Grants, formerly
Volunteer Fire Assistance. The Forest Service is directed to
use these titles in future budget submissions and agency
documents.
Cooperative Forestry.--The Service is directed to work with
States and Tribes to prioritize insect prevention, suppression,
and mitigation projects on non-Federal land that support
community wildfire protection and State forest action plans.
Forest Resource Information and Analysis.--The bill
provides $29,955,500 for congressionally directed spending in
this program. A detailed list of projects is included in the
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' table
accompanying this statement. Recipients are reminded that cost
sharing requirements may apply to these projects.
NATIONAL FOREST SYSTEM
The bill provides $1,866,545,000 for the National Forest
System. The detailed allocation of funding by activity is
included in the table accompanying this explanatory statement.
Land Management Planning, Assessment, and Monitoring.--Land
management plan revisions and amendments should be tracked and
reported in the annual budget submission. The Service is
directed to report to the Committees within 180 days of
enactment of this Act on the current list of forest management
plans and comprehensive river management plans requiring
revision or completion, a proposed course of action, and a
timeline for compliance with the underlying statute.
Recreation, Heritage, and Wilderness.--Within the funds
provided, $1,000,000 is included for the Office of Recreation,
Heritage and Volunteer Resources--Travel, Tourism and
Interpretation Program to continue implementation of the Native
American Tourism and Improving Visitor Experience [NATIVE] Act
(Public Law 114-221) and to engage with Tribes, Tribal
organizations, and Native Hawaiian organizations to promote
sustainable native tourism activities, and $3,000,000 is
included to support infrastructure and trails development and
to build the capacity of local user groups and partnership
organizations, to be divided equally between National
Recreation Areas administered by the Forest Service and
established after 1997.
Grazing Management.--The Service is directed, to the
greatest extent practicable, to make vacant grazing allotments
available to a holder of a grazing permit or lease when lands
covered by the holder of the permit or lease are unusable
because of drought or wildfire. The Service is directed to
brief the Committees within 90 days of enactment of this Act on
its progress to relieve the backlog of fully processed permits.
The Service is further directed to report to the Committees
within 180 days of enactment of this Act on the number of
grazing permits by region and unit that are the subject of the
general provision related to the extension of grazing permits,
a proposed course of action, and a timeline for compliance to
the underlying statute.
Hazardous Fuels.--The bill provides $187,388,000 for
Hazardous Fuels. Of the funds made available, $12,000,000 is
for the Community Wood Energy Program; $20,000,000 is for Wood
Innovation Grants, of which $2,000,000 is for grants to develop
timber professional cooperatives that will address deficiencies
in wood product infrastructure; and $6,000,000 is provided for
the Southwest Ecological Restoration Institutes to continue to
assist communities and land managers in applying hazardous
fuels and wildfire risk reduction treatments, conducting
monitoring and evaluation research, providing technical
assistance, and for independent analysis of managed fire. The
agreement directs the Service to work with States in accordance
with their State forest action plan for the removal of
hazardous fuels caused by beetle infestation.
Prescribed Fire.--The Service is directed to report in the
annual budget submission on prescribed fire activities by
region for the previous fiscal year.
The Service must expand its efforts on innovative biomass
uses, giving precedence to funding Wood Innovation Grant
projects that will open the door to new, widespread uses for
wood-based nanotechnology, mass timber and cross-laminated
timber, high-energy efficient wood for energy production,
affordable housing, and other promising products.
Wildlife and Fish Habitat Management.--The bill provides
$22,000,000 for Wildlife and Fish Habitat Management of which
no less than the enacted level will be spent on threatened and
endangered species activities and contribute to significant
recovery actions. The Service should set performance indicators
and other accountability measures for these activities in order
to track its expenditures to comply with reporting
requirements.
The direction contained in Senate Report 116-123 regarding
Tariffs on Timber Exports is continued.
Salaries and Expenses.--The bill provides $1,459,352,000
for Salaries and Expenses, including for employees who carry
out functions funded by the Capital Improvement and
Maintenance, Range Betterment Fund, and Management of National
Forest Lands for Subsistence Uses accounts.
SQF Complex Fire.--The Service's ongoing fire recovery and
rehabilitation efforts in the Sequoia National Forest as a
result of the SQF Complex Fire is appreciated and the Service
is directed to continue prioritizing projects that mitigate
safety hazards in burned areas so they can be reopened to the
public, promote ecological restoration, reduce the risk of
future catastrophic wildfires, and protect the giant sequoias.
Within 180 days of enactment of this Act, the Service is
directed to provide a report to the Committees on the status of
SQF Complex Fire restoration projects along with estimates of
future funding needs.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $159,049,000 for Capital Improvement and
Maintenance programs.
Legacy Restoration Fund.--The Service is directed to ensure
that the comprehensive list of deferred maintenance projects
are included in the prioritization for funding, with particular
emphasis on any projects related to life and safety and that
require a substantial financial investment.
Facilities.--The bill provides $54,037,000 for Facilities.
The Service is encouraged to partner with non-Federal entities
to meet its statutory responsibilities for preserving and
curating its historical collection and the agreement includes
sufficient funding for new repository space.
Roads.--The bill includes $70,645,000 for Roads to provide
safe and improved access to national forest lands while
protecting water quality and natural resources.
Trails.--The bill includes $18,500,000 for Trails. The
Forest Service is directed to continue to collaborate with
regional training centers and to focus on maintaining
geographical diversity in its partnerships.
Legacy Roads and Trails.--The bill provides $5,000,000 for
Legacy Roads and Trails in a restored budget line item. The
Service is directed to include accomplishment data to accompany
the annual budget submission, including miles of roads improved
and maintained, miles of trails improved and maintained, miles
of roads decommissioned, miles of streams restored, number of
bridges fixed, number of bridges and culverts constructed, and
number of jobs created.
Construction Projects.--The bill provides $10,867,000 for
the following capital improvement funding requirements, which
are also included in the ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' table accompanying
this explanatory statement:
--$5,770,000 for bridge and trailhead improvements on the
Iditarod National Historic Trail, Chugach NF
--$2,500,000 for new and improved mountain biking trails,
Green Mountain NF
--$1,000,000 for a community-based master recreation plan
and recreational improvements at Lake Okhissa, Homochitto NF
--$472,000 for an all-weather surface on Forest Road 512,
Tonto NF
--$1,125,000 for planning and implementation of
improvements on the Franconia Ridge Trail, White Mountains NF
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $664,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $150,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $1,719,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $1,099,000 for the Management of National
Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a total of $2,005,106,000 for Forest
Service Wildland Fire Management, including $172,000,000 for
preparedness, $1,011,000,000 for suppression operations, and
$822,106,000 for salaries and expenses. Combined with
$2,120,000,000 provided in the Wildfire Suppression Operations
Reserve Fund, the total amount for fire suppression operations
at the Forest Service is $3,131,000,000 for fiscal year 2022.
The Service should work to construct standardized
cooperative fire protection agreement language among Federal,
State, Tribal, and local partners to address
interjurisdictional fire reimbursement challenges, including
barriers for small municipalities.
WILDLAND SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $2,120,000,000 for the Wildfire
Suppression Operations Reserve Fund, which is $80,000,000 above
the enacted level. S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022,
included a budget cap adjustment for wildfire suppression costs
and this additional funding is included for fiscal year 2022.
Department of Health and Human Services
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The bill provides a total of $6,630,986,000 for the Indian
Health Service (IHS), of which $4,660,658,000 is for the
Services account as detailed below. All programs, projects, and
activities are maintained at fiscal year 2021 enacted levels
unless otherwise specified below. IHS is expected to comply
with the instructions and requirements at the beginning of this
division and in House Report 117--83, unless otherwise
specified below. Language contained in the explanatory
statement accompanying the Consolidated Appropriations Act,
2021 (Public Law 116-260) regarding market-specific pay scales,
limitations on incentives, tracking improvements to patient
health, use of accreditation emergency funds, joint venture
solicitations, and interoperability and compatibility of the
new electronic health record system with the Department of
Veterans' Affairs system is restated. Language contained in
Senate Report 116-123 regarding the Alaska Comprehensive
Forensic Training Academy, first aid kit enhancements, and
dental health therapy is restated. Additional details,
instructions, and requirements follow below and in the table at
the end of this division.
Addressing Sexual Abuse.--The Committees remain deeply
concerned about reports of sexual abuse at IHS operated
facilities. IHS is to take prompt action on any new
allegations, and keep the Committees apprised on implementation
of recommendations to prevent sexual abuse. Further the
Committees remind IHS of direction contained in the House bill
and incorporate language included in the fiscal year 2021
explanatory statement related to addressing sexual abuse.
Current Services.--The agreement includes $109,855,000 for
pay costs and inflation, which is based upon updated recent
estimates provided to the Committees. The Committees expect IHS
to disburse all funding provided for current services upon
receipt, and to consult with the Committees before withholding
any appropriated funds.
Staffing for New Facilities.--The agreement includes
$90,412,000 for staffing newly opened health facilities, which
is the full amount required in fiscal year 2022 based upon
updated estimates provided to the Committees. Funds for
staffing of new facilities are limited to facilities funded
through the Health Care Facilities Construction Priority System
or the Joint Venture Construction Program that have opened in
fiscal year 2021 or will open in fiscal year 2022. None of
these funds may be allocated to a facility until such facility
has achieved beneficial occupancy status. As initial estimates
included as part of the annual budget request are refined, IHS
is expected to communicate updated cost estimates to the
Committees.
Hospitals and Health Clinics.--The agreement provides
$2,399,169,000 for hospitals and health clinics, which includes
an additional $14,000,000 for Tribal epidemiology centers, an
additional $500,000 for the Alzheimer's program, as directed in
the House report, and an additional $1,000,000 to improve
maternal health. Also included is $3,000,000 to establish a
Produce Prescription Pilot program as directed in the House
report 117-83. The agreement continues funding at the fiscal
year 2021 enacted levels for the existing Tribal dental health
therapist training program that trains students in Alaska,
Washington, Idaho, and Oregon, Community Health Aide Program,
the domestic violence prevention program, accreditation
emergencies as discussed in the House report, village built
clinics, health information technology, healthy lifestyles in
youth project, the combatting Hepatitis C and HIV Initiative,
and the National Indian Health Board cooperative agreement.
Diabetic Retinopathy.--The Committees understand the Joslin
Vision Network is evaluating ways to enhance diabetic
retinopathy detection and encourages IHS to assess current FDA
approved autonomous artificial intelligence systems to
determine if these systems improve outcomes and lower treatment
costs.
Village Built Clinics (VBC).--The Committees direct IHS to
work collaboratively with impacted Tribes and Tribal
organizations to produce, within 270 days of enactment of this
Act, the data needed to accurately calculate the funding for
VBC lease funding, including the number of active VBC
facilities, their current funding levels, and if necessary, any
additional amounts needed to fully fund the eligible operating
and ownership costs for all VBC facilities.
Electronic Health Records.--The agreement provides
$145,019,000 for Electronic Health Records (EHR), which
includes an additional $110,500,000 for uses as requested.
Dental Health.--The agreement provides $235,788,000 for
dental health and includes increases of $1,000,000 for
electronic dental health records and $1,000,000 for Dental
Support Centers as discussed in the House report.
Mental Health.--The bill provides $121,946,000 for mental
health, which continues funding at fiscal year 2021 enacted
levels for the behavioral health integration initiative, for
suicide prevention, and for the Telebehavioral Health Center of
Excellence.
Alcohol and Substance Abuse.--The bill provides
$258,343,000 for the alcohol and substance abuse program. The
agreement includes an additional $1,000,000 general program
increase to address opioid abuse with instructions for IHS to
comply with the explanatory statement accompanying Public Law
116-94. In addition, the agreement continues the Generation
Indigenous, Youth Pilot project, and essential detoxification
services, which shall be distributed as directed in Senate
Report 116-123.
Purchased/Referred Care.--The agreement includes
$984,887,000 for the Purchased/Referred Care program, which
maintains funding for the Indian Catastrophic Health Fund at
fiscal year 2021 enacted levels.
Public Health Nursing.--The agreement includes $102,466,000
for the public health nursing program, which includes a
$2,000,000 general program increase.
Urban Indian health.--The agreement includes $73,424,000
for the Urban Indian health program, which includes a
$10,000,000 general program increase.
Indian Health Professions.--The agreement provides
$73,039,000 for Indian health professions, which includes an
additional $5,000,000 for the loan repayment program. Funding
is continued at fiscal year 2021 enacted levels for the InMed
program, including the fourth site expansion, Quentin N.
Burdick Indians into Nursing, and the American Indians into
Psychology Programs.
Direct Operations.--The bill provides $95,046,000 for
direct operations, which includes a program increase of
$10,000,000 for management and operations. These funds are to
be used to address long-standing management issues, including
hiring and ensuring adequately trained staff to manage contract
support costs and payments for Tribal leases, quality and
oversight activities, to implement recommendations to prevent
child sexual abuse, and other uses as proposed in the budget
request. The Committees expect IHS to prepare the study on
urban Indian organization infrastructure needs with the funding
and direction provided in fiscal year 2021, and to redirect
savings from completion of the study to address management
issues noted above.
CONTRACT SUPPORT COSTS
The bill continues language from fiscal year 2021 providing
an indefinite appropriation to fully fund contract support
costs, which are estimated to be $880,000,000 in fiscal year
2022.
The Committees are aware that recent actions taken by the
Service are causing confusion and concern among Tribes and
national and regional Tribal organizations. The Committees
direct the Service to report 30 days after enactment of this
Act explaining whether recent actions taken by the Service
indicate a major shift in the way contract support costs are
being calculated or if the Service interprets the Cook Inlet
Tribal Council v. Dotomain decision and recent actions as a
restatement of current law. The Committees direct the Service
to clearly explain the rationale behind its interpretation of
the Cook Inlet decision and articulate whether current
practices for calculating contract support costs will change.
PAYMENTS FOR TRIBAL LEASES
The bill continues language from fiscal year 2021 providing
an indefinite appropriation to fully fund payments for Tribal
leases, which are estimated to be $150,000,000 in fiscal year
2022.
INDIAN HEALTH FACILITIES
The bill provides $940,328,000 for Indian Health
Facilities. All programs, projects, and activities are
maintained at fiscal year 2021 enacted levels unless otherwise
specified below. IHS is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 117-83, unless otherwise specified below.
Language contained in explanatory statement accompanying Public
Law 116-6 regarding health impacts of inadequate sanitation,
Mt. Edgecombe, and Alaska facility assessments is restated.
Current Services.--The agreement includes $9,955,000 for
pay costs and inflation, which is based upon updated estimates
provided to the Committees. The stipulation included in
``Indian Health Services'' regarding prompt distribution of
funds pertains to this account as well.
Staffing for New Facilities.--The bill includes $8,485,000
for staffing newly opened health facilities, which is the full
amount based upon updated estimates provided to the Committees.
The stipulations included in the ``Indian Health Services'''
account regarding the allocation of funds pertain to this
account as well.
Sanitation Facilities Construction.--The agreement provides
$197,783,000 for sanitation facilities construction, which
continues funding at fiscal year 2021 enacted levels to provide
technical assistance, training, and guidance to sanitation
operators, families, and communities regarding the operation
and maintenance of water supply and sewage disposal facilities.
The bill also includes $40,171,000 for Congressionally Directed
Spending (CDS) projects as shown on the table titled ``Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items''' at the end of
this division. The Infrastructure Investment and Jobs Act
(Public Law 117-58) provided $3,500,000,000 to address the
sanitation backlog. Within 90 days of enactment of this Act,
the Committees expect IHS to submit an updated fiscal year 2022
spend plan for the funds provided herein. Further, the
Committees expect IHS to include an updated five-year spend
plan in fiscal year 2023 for any funds requested.
Health Care Facilities Construction.--The agreement
provides $259,293,000 for health care facilities construction,
which continues funding at fiscal year 2021 enacted levels for
quarters, green infrastructure as directed in the explanatory
statement accompanying Public Law 116-94, and small ambulatory
clinics, including the funds for replacement and expansion
projects. The agreement directs the Agency to report to the
Committees within 90 days of enactment of this Act on how these
funds will be distributed as well as the estimated number of
quarters and associated costs for new staff quarters at
existing health facilities.
Facilities and Environmental Health.--The agreement
provides $283,124,000 for this program, which includes
$3,000,000 for preliminary engineering reports.
Equipment.--The bill provides $30,464,000 for equipment,
which continues $500,000 for TRANSAM and includes a $1,000,000
increase for emergency generators, as directed in House Report
116-448.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The agreement provides $82,540,000 for the National
Institute of Environmental Health Sciences. The Committees
continue the $2,000,000 provided in fiscal year 2021 as base
funds in fiscal year 2022 to further the Institute's work on
PFAS and other contaminants of emerging concern. The Institute
both leads and supports significant research on PFAS that will
result in better remediation outcomes. Further, of the funds
provided, not less than $1,750,000 shall be to support risk
reduction for Native Americans to hazardous metals mixtures
from abandoned uranium mine waste.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The agreement provides $80,500,000. The Committees continue
the $2,000,000 provided in fiscal year 2021 to further the
Agency's work on PFAS and other contaminants of emerging
concern.
Birth Cohort Study.--The bill provides funding for
continuation of the birth cohort study on the Navajo Nation.
The Committees support the study to better understand the
relationship between uranium exposures, birth outcomes, and
early developmental delays on the Navajo Nation.
Pediatric Environmental Health Specialty Units.--The
Committees encourage the Agency to continue support for
Pediatric Environmental Health Specialty Units.
OTHER RELATED AGENCIES
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The agreement provides $4,200,000 for the Council on
Environmental Quality and Office of Environmental Quality.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The bill provides $13,400,000 for the Chemical Safety and
Hazard Investigation Board. The Committees urge the Board to
address long-standing management challenges and staff vacancy
issues so that it can effectively and fully accomplish its
critical mission. The Committees also direct the Board to brief
the Committees on proposed funding needs and budget structure
for fiscal year 2023.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The bill does not provide new appropriations for fiscal
year 2022, however, a total of $3,150,000 is made available
from unobligated balances for fiscal year 2022 operations. The
bill continues the direction provided in the explanatory
statement accompanying Division G of the Consolidated
Appropriations Act, 2017 (Public Law 115-31). There is
continued commitment to bringing the relocation process to an
orderly conclusion and ensuring all eligible relocatees receive
the relocation benefits to which they are entitled.
Consultation with all affected parties and agencies is the key
to a transparent, orderly closeout.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The bill provides $11,741,000 for fixed costs and academic
programs of the Institute of American Indian Arts, which
includes an additional $228,000 as requested and an additional
$741,000 for fixed costs.
Smithsonian Institution
SALARIES AND EXPENSES
The agreement provides a total of $1,062,215,000 for all
Smithsonian Institution accounts, of which $852,215,000 is
provided for salaries and expenses, which includes fixed costs.
The detailed allocation of funding is included in the table at
the end of this explanatory statement.
Within amounts provided for the Salaries and Expenses
account, the agreement includes $8,324,000 for the National
Museum of the American Latino which integrates the funding for
the Latino Pool and Latino Center into the museum line, and
$7,500,000 for the Smithsonian American Women's History Museum
which integrates the funding for the American Women's History
Initiatives into the museum line. The agreement also provides
$2,520,000 for Asian Pacific American Initiatives and Outreach
and $1,000,000 for the Research Pool Initiative to include
research on recycling.
FACILITIES CAPITAL
The agreement provides $210,000,000 for Facilities Capital.
National Gallery of Art
SALARIES AND EXPENSES
The bill provides $156,419,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,775,000 is for the special exhibition program.
Repair, Restoration and Renovation of Buildings
(INCLUDING TRANSFER OF FUNDS)
The bill provides $24,081,000 for the Repair, Restoration
and Renovation of Buildings account and includes funds for the
design and construction of an off-site art storage facility in
partnership with the Smithsonian Institution.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The bill provides $27,000,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $13,440,000 for the Capital Repair and
Restoration account.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The bill provides $15,000,000 for the Woodrow Wilson
International Center for Scholars to continue the Federal
commitment and support operations.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The bill provides $180,000,000 for the National Endowment
for the Arts (NEA) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement. The agreement
continues the Senate direction contained in Senate Report 116-
123 supporting the Creative Forces NEA Military Healing Arts
Network.
The Committees continue the direction regarding the
collaborative relationship among NEA and the States,
priorities, and allocation to State arts agencies contained in
the explanatory statement accompanying the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94).
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The bill provides $180,000,000 for the National Endowment
for the Humanities (NEH) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement.
The Committees continue the direction regarding the ``We
the People'' initiative contained in the explanatory statement
accompanying the Consolidated Appropriations Act, 2021 (Public
Law 116-260).
Further, the Committees encourage NEH to provide support
for projects that illustrate the transformative role of women
in American history, such as Katherine Johnson and Amelia
Earhart, to educate and inspire the next generation of women
leaders and professionals in fields such as aviation, advanced
computer technologies and the STEM (Science, Technology,
Engineering, and Math) disciplines.
Commission of Fine Arts
SALARIES AND EXPENSES
The bill provides $3,328,000 for the Commission of Fine
Arts.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
The bill provides $5,000,000 for the National Capital Arts
and Cultural Affairs program. The agreement provides bill
language regarding eligibility for grants. Grant funds shall be
distributed consistent with the established formula and
eligibility requirements used in fiscal year 2021.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The bill provides $8,255,000 for the Advisory Council on
Historic Preservation.
National Capital Planning Commission
SALARIES AND EXPENSES
The bill provides $8,750,000 for the National Capital
Planning Commission, including funding for lease costs.
United States Holocaust Memorial Museum
Holocaust Memorial Museum
The bill provides $62,616,000 for the United States
Holocaust Memorial Museum.
Presidio Trust
The bill provides $40,000,000 in loan authority for the
Presidio Trust.
World War I Centennial Commission
SALARIES AND EXPENSES
The bill provides $1,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission.
United States Semiquincentennial Commission
SALARIES AND EXPENSES
The bill provides $8,000,000 for the necessary expenses of
the United States Semiquincentennial Commission.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
The bill provides $200,000 for necessary expenses of the
Commission. The Commission is directed to conduct a
comprehensive study of Federal, State, local, and Tribal
programs that serve Native children. Section 118 of the House
bill is not included, as the provision was enacted into law as
Public Law 117-41.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions in Title
IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2022.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision which prohibits no-bid
contracts.
Section 411 continues a provision which requires public
disclosure of certain reports.
Section 412 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 413 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 414 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of appropriations.
Section 415 extends certain authorities through fiscal year
2022 allowing the Forest Service to renew grazing permits.
Section 416 prohibits the use of funds to maintain or
establish a computer network unless such network is designed to
block access to pornography websites.
Section 417 addresses the humane transfer and treatment of
excess wild horses and burros.
Section 418 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 419 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 420 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 421 provides a one-year extension of the Federal
Lands Recreation Enhancement Act.
Section 422 incorporates Reprogramming Guidelines into the
Act.
Section 423 continues a provision through fiscal year 2022
authorizing the Secretary of the Interior and the Secretary of
Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 424 extends the authority for the Shasta-Trinity
Marina fee for one year.
Section 425 extends the authority for the Interpretive
Association for one year.
Section 426 extends the authority for Puerto Rico Schooling
for one year.
Section 427 extends the authority for Forest Botanical
Products fee collection for one year.
Section 428 includes certain limitations on oil and gas
development near Chaco Culture National Historical Park.
Section 429 requires 105(l) Tribal lease payments to begin
no earlier than the date the lease proposal is submitted and
for the Federal agencies to consult with Tribes on lease
requirements.
Section 430 extends the authority for the Forest Ecosystem
Health and Recovery Fund by one year.
Section 431 requires the allocation of funds from the
National Parks and Public Land Legacy Restoration Fund and Land
and Water Conservation Fund.
Section 432 addresses carbon emissions from forest biomass.
Section 433 addresses the use of small remote incinerators
in the State of Alaska.
Section 434 addresses timber sales involving Alaska western
red and yellow cedar.
Section 435 provides transfer authority to the Federal
Highway Administration for the National Parks and Public Land
Legacy Restoration Fund.
Section 436 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 437 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 438 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 439 provides for the designation of Lewis Peak.
Section 440 provides for wildland fire administrative
funding.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2022
----------------------------------------------------------------------------------------------------------------
State(s) Station or Unit Name Project or Activity Funding Amount
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT
----------------------------------------------------------------------------------------------------------------
AK..................................... Fairbanks District........ White Mountains National $10,400,000
Recreation Area Access
Repairs.
AZ..................................... Gila Box Riparian National Gila Box Recreation Sites $5,400,000
Conservation Area. and Access Roadway
Reconstruction and
Repairs.
AZ..................................... Colorado River District... La Posa Wastewater Septic/ $5,140,000
Lagoon Replacement
(Phase 3 of 3) and Site
Road Repairs.
CA..................................... Central California and Combined California $4,210,000
Northern California Historic Rehabilitation
Districts. Project.
CO..................................... Grand Junction Air Center. Grand Junction Air Center $5,630,000
Tanker Base Repairs,
Phase 1.
FL..................................... South Eastern District.... Jupiter Inlet Lighthouse $6,140,000
Building and Site Repair.
ID..................................... National Interagency Fire 100-Administration $6,400,000
Center. Repair, Access, and
Abatement.
ID..................................... Boise District, Coeur Idaho Statewide $4,824,000
d'Alene District, Idaho Recreation Site Repairs.
Falls District, Twin
Falls District.
MT, SD................................. Eastern Montana Dakotas Montana/Dakotas $6,140,000
District, North Central Recreation, Roads, and
District, Western Montana Dam Repairs.
District.
NM..................................... Las Cruces District....... Starvation Draw Detention $3,033,000
Dams Decommissioning
(Phase 2 of 2).
NV..................................... Winnemucca and Southern Nevada Recreation Safety $2,476,000
Nevada Districts. and Access Repairs.
OR..................................... Medford and NW Districts.. Oregon Bridge $7,999,000
Rehabilitation.
UT..................................... Color Country and Paria Color Country and Paria $4,500,000
River Districts. River District
Recreation Site Repairs.
WY..................................... High Desert District/High Wyoming BLM Dam Safety $2,795,000
Plains District. Repairs and Maintenance
Projects.
Contingency Fund......... $11,826,000
Program Administration $2,688,000
(Indirect Costs).
Project Funding Available $89,601,000
to Program (Less
Sequester).
Sequester................ $5,415,000
--------------------------------------------
Total Bureau of Land $95,016,000
Management.
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE
----------------------------------------------------------------------------------------------------------------
AK..................................... Izembek NWR............... Modernize Facilities and $6,650,000
Repair Seismic Issues,
Phase II--Construction.
AK..................................... Kenai NWR................. Modernize Outdoor $13,540,000
Recreational Facilities
and Address Public
Safety Issues.
AR..................................... Dale Bumpers White River Modernize Multiple $780,000
NWR. Outdoor Recreational
Access Facilities and
Transportation Assets,
Phase (I)--Design.
AR..................................... Dale Bumpers White River Modernize Multiple $7,120,000
NWR. Outdoor Recreational
Access Facilities and
Transportation Assets,
Phase II--Construction.
CA..................................... San Luis NWR.............. Modernize Infrastructure $4,000,000
to Improve Waterfowl
Hunting Areas and
Improve Recreational
Access.
DE..................................... Coastal Delaware NWR Eliminate DM Backlog at $5,080,000
Complex. Prime Hook NWR and
Bombay Hook NWR.
ID..................................... Camas NWR................. Modernize Infrastructure $1,000,000
to Improve Waterfowl
Hunting Areas and
Improve Recreational
Access.
MI..................................... Seney NWR................. Consolidate and Modernize $2,095,000
Public Use Facilities
and Improve Recreational
Access.
Multiple............................... National Wildlife Refuges. Salary Funding for $2,000,000
Supplemental
Conservation Workforce,
Year 1.
Multiple............................... National Wildlife Refuges. Salary Funding for $4,000,000
National Maintenance
Action Team (MAT) Strike
Forces, Year 2.
NM..................................... Bosque del Apache NWR..... Consolidate and Modernize $19,376,000
Public Use Facilities
and Improve Recreational
Access.
NY..................................... Montezuma NWR............. Consolidate and Modernize $5,471,000
Public Use Facilities
and Improve Recreational
Access.
OK..................................... Wichita Mountains WR...... Consolidate and Modernize $2,535,000
Public Use Facilities
and Improve Recreational
Access.
SD..................................... Lake Andes NWR............ Improve Resilience and $9,750,000
Modernize Flood Damaged
Buildings & Recreational
Assets.
TX..................................... Attwater Prairie Chicken Consolidate and Modernize $1,584,000
NWR. Habitat and Public Use
Facilities.
Contingency Fund......... $1,932,000
Program Administration $2,688,000
(Indirect Costs).
Project Funding Available $89,601,000
to Program (Less
Sequester).
Sequester................ $5,415,000
--------------------------------------------
Total U.S. Fish and $95,016,000
Wildlife Service.
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
AZ..................................... Organ Pipe Cactus National Rehabilitate Primary Park $9,887,000
Historic Site. Water Systems.
AZ..................................... Grand Canyon National Park Replace Wastewater Plant $40,456,000
at South Rim Village.
CA..................................... Yosemite National Park.... Rehabilitate Ahwahnee $19,407,000
Hotel and Correct
Critical Safety Hazards.
CA..................................... Sequoia and Kings Canyon Rehabilitate Park $9,563,000
National Park. Wastewater Treatment
Facilities.
CA..................................... Golden Gate National Stabilize Alcatraz Wharf. $36,577,000
Recreation Area.
CO..................................... Mesa Verde National Park.. Replace Morefield and $22,969,000
Wetherill Water Lines.
KY..................................... Mammoth Cave National Park Rehabilitate Cave Trails: $10,128,000
New Entrance to Frozen
Niagara.
MA..................................... Cape Cod National Seashore Demolish Excess $12,572,000
Structures to Improve
Safety, Operations, and
Promote Financial
Sustainability.
MA..................................... Minute Man National Rehabilitate and Repair $27,352,000
Historic Park. Structures and
Landscapes.
MD..................................... Chesapeake and Ohio Canal Restore Canal Prism and $7,125,000
National Historical Park. Historic Dry Stone Wall.
ME..................................... Acadia National Park...... Rehabilitate Schoodic $7,624,000
Point Water and
Wastewater Systems.
MS..................................... Natchez Trace Parkway..... Rehabilitate Sections of $61,246,000
the Natchez Trace
Parkway, Phase 1.
MT..................................... Glacier National Park..... Replace Headquarters $10,921,000
Wastewater System.
MT..................................... Glacier National Park..... Replace Swiftcurrent $15,726,000
Water Distribution
System.
NC..................................... Blue Ridge Parkway........ Rehabilitate sections of $26,789,000
Blue Ridge Parkway in
North Carolina.
NC, TN................................. Great Smoky Mountains Rehabilitate Park Roads $25,410,000
National Park. and Road Structures.
NJ..................................... Gateway National Rehabilitate Fort Hancock $11,621,000
Recreation Area. Potable Water and
Wastewater System.
NM..................................... Bandelier National Rehabilitate Underground $29,089,000
Monument. Utilities.
NV..................................... Lake Mead National Demolish Outdated $21,963,000
Recreation Area. Infrastructure to
Enhance Scenic Features
and Visitor Experience.
NY..................................... Gateway National Rehabilitate Floyd $7,673,000
Recreation Area. Bennett Field Wastewater
Collection System at
Jamaica Bay.
OH..................................... Perry's Victory and Rehabilitate Failing $25,077,000
International Peace Upper Plaza at Perry's
Memorial. Victory & International
Peace Memorial.
OH..................................... Cuyahoga Valley National Stabilize Riverbank at $24,897,000
Park. High Priority Areas
along Towpath Trail and
Valley Railway.
OR..................................... Crater Lake National Park. Rehabilitate Sections of $45,200,000
the East Rim Drive.
TX..................................... Big Bend National Park.... Rehabilitate or Replace $22,630,000
the Chisos Mountains
Lodge.
TX..................................... Big Bend National Park.... Rehabilitate Park Water $54,357,000
Systems.
TX..................................... Lyndon B Johnson National Rehabilitate Texas White $9,119,000
Historic Park. House.
UT..................................... Zion National Park........ Rehabilitate South $11,253,000
Campground.
VA..................................... Blue Ridge Parkway........ Rehabilitate Sections of $32,834,000
Blue Ridge Parkway in
Virginia.
VA..................................... Colonial National Rehabilitate Sections of $128,674,000
Historical Park. the Colonial Parkway.
WA..................................... Olympic National Park..... Rehabilitate Hurricane $7,029,000
Ridge Day Lodge.
WY..................................... Yellowstone National Park. Rehabilitate and Improve $20,112,000
Old Faithful Water
Treatment System and
Demolish Abandoned
Wastewater Treatment
Plant.
WY..................................... Yellowstone National Park. Rehabilitate /Replace $52,588,000
Canyon & Grant Village
Wastewater Collection
and Treatment Systems.
WY..................................... Yellowstone National Park. Replace Mammoth $9,327,000
Wastewater Collection
System.
WY..................................... Yellowstone National Park. Replace the Yellowstone $71,200,000
River Bridge.
Contingency Fund......... $130,000,000
Project Planning & $114,316,038
Compliance.
Project Management....... $44,078,000
Program Administration $37,626,000
(Indirect Costs).
Project Funding Available $1,254,415,038
to Program (Less
Sequester).
Sequester................ $75,810,000
--------------------------------------------
Total National Park $1,330,225,038
Service.
----------------------------------------------------------------------------------------------------------------
BUREAU OF INDIAN EDUCATION
----------------------------------------------------------------------------------------------------------------
AZ..................................... Shonto Preparatory School. Shonto Preparatory $18,875,000
School--Replacement.
AZ..................................... Many Farms High School.... Many Farms High School... $4,742,000
SD..................................... Wounded Knee District Wounded Knee District $9,660,000
School. School--Quarters.
SD..................................... Wounded Knee District Wounded Knee District $43,540,000
School. School--Replacement.
Contingency Fund......... $10,096,000
Program Administration $2,688,000
(Indirect Costs).
Project Funding Available $89,601,000
to Program (Less
Sequester).
Sequester................ $5,415,000
--------------------------------------------
Total Bureau of Indian $95,016,000
Education.
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
Updated Project Estimates:
OR..................................... Northwest, Medford, and Western Oregon District $9,523,000
Roseburg Districts. Projects.
Other Projects/Activities $85,226,000
Without Changes.
Unallocated.............. $0
Contingency.............. $251,000
Deferred or Terminated 2021 Projects:
UT..................................... Color Country District St. George Field Office, $0
Red Reef Shelter
maintenance and repairs.
WA..................................... Spokane District Umtanum Bridge Repairs $0
(Phase 3 of 3).
Total Bureau of Land $95,000,000
Management.
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
Other Projects/Activities $94,998,000
Without Changes.
Unallocated.............. $0
Contingency.............. $2,000
Total U.S. Fish and $95,000,000
Wildlife Service.
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
DC..................................... National Mall & Memorial Rehabilitate Historic $4,327,000
Parks. Belmont Paul House.
NC..................................... Blue Ridge Parkway........ Replace Laurel Fork $35,314,000
Bridge.
WY..................................... Yellowstone National Park. Lewis River Bridge....... $37,225,000
Other Projects/Activities $1,131,695,000
Without Changes.
Program Administration $25,975,000
(Indirect Costs).
Project Planning & $86,760,000
Compliance.
Unallocated.............. $0
Contingency.............. $8,704,000
Deferred or Terminated 2021 Projects:
TN..................................... Great Smoky Mountains Replace Sugarlands $0
National Park. Maintenance Facilities.
WY..................................... Yellowstone National Park. Purchase and Install 8 $0
Modular Housing Units to
Replace Deteriorated
Housing Units Parkwide.
Total National Park $1,330,000,000
Service.
----------------------------------------------------------------------------------------------------------------
BUREAU OF INDIAN EDUCATION--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
AZ..................................... Navajo Region............. Many Farms High School-- $70,858,000
Major FI&R.
AZ..................................... Shonto Preparatory School. Shonto Preparatory $2,543,000
School--Replacement.
AZ..................................... Western Region............ Western--Education $304,000
Demolition Project.
AZ, NM................................. Navajo Region............. Navajo--Education $4,056,000
Demolition Project a.
AZ, NM................................. Navajo Region............. Navajo--Education $7,112,000
Demolition Project c.
AZ, UT, NM............................. Navajo Region............. Navajo--Education $4,375,000
Demolition Project b.
ND, SD................................. Great Plains Region....... Great Plains--Education $301,000
Demolition Project.
NM..................................... Southwest Region.......... Southwest--Education $201,000
Demolition Project.
Other Projects/Activities $5,250,000
Without Changes.
Unallocated.............. $0
Total Bureau of Indian $95,000,000
Education.
----------------------------------------------------------------------------------------------------------------
U.S.D.A. FOREST SERVICE--FISCAL YEAR 2022
----------------------------------------------------------------------------------------------------------------
State Unit Project or Activity Funding Amount
----------------------------------------------------------------------------------------------------------------
PA...................................... Grey Towers National Grey Towers National $675,000
Historic Site. Historic Site Deferred
Maintenance.
AK, AZ, CA, ID, OR, PR, SC, WI.......... Research and Development Research and Development $7,968,860
Stations. Deferred Maintenance.
MT...................................... Beaverhead-Deerlodge...... Beaverhead-Deerlodge $415,000
National Forest Deferred
Maintenance.
ID, MT.................................. Bitterroot................ Bitterroot National Forest $2,756,207
Deferred Maintenance.
MT...................................... Custer Gallatin........... Custer Gallatin National $1,450,730
Forest Deferred
Maintenance.
ND, SD.................................. Dakota Prairie Grasslands. Dakota Prairie Grasslands $471,000
Deferred Maintenance.
MT...................................... Flathead.................. Flathead National Forest $1,845,000
Deferred Maintenance.
MT...................................... Helena-Lewis and Clark.... Helena-Lewis and Clark $3,380,000
National Forest Deferred
Maintenance.
ID...................................... Idaho Panhandle........... Idaho Panhandle National $3,679,000
Forest Deferred
Maintenance.
MT...................................... Kootenai.................. Kootenai National Forest $1,515,000
Deferred Maintenance.
MT...................................... Lolo...................... Lolo National Forest $4,615,000
Deferred Maintenance.
ID...................................... Nez Perce-Clearwater...... Nez Perce-Clearwater $2,566,057
National Forests Deferred
Maintenance.
MT...................................... Northern Region........... Northern Region Deferred $150,000
Maintenance.
CO...................................... Arapaho-Roosevelt......... Arapaho-Roosevelt National $3,245,295
Forests Deferred
Maintenance.
WY...................................... Bighorn................... Bighorn National Forest $610,000
Deferred Maintenance.
SD, WY.................................. Black Hills............... Black Hills National $1,871,300
Forest Deferred
Maintenance.
CO...................................... Grand Mesa, Uncompahgre, Grand Mesa, Uncompahgre, $8,611,000
and Gunnison. and Gunnison National
Forests Deferred
Maintenance.
CO, WY.................................. Medicine Bow-Routt........ Medicine Bow-Routt $1,128,360
National Forests Deferred
Maintenance.
NE, SD.................................. Nebraska.................. Nebraska National Forest $1,465,000
Deferred Maintenance.
CO...................................... Pike-San Isabel........... Pike-San Isabel National $2,171,444
Forests Deferred
Maintenance.
CO...................................... Rocky Mountain Region..... Rocky Mountain Region $680,000
Deferred Maintenance.
CO...................................... Rio Grande................ Rio Grande National Forest $564,825
Deferred Maintenance.
CO...................................... San Juan.................. San Juan National Forest $3,218,257
Deferred Maintenance.
WY...................................... Shoshone.................. Shoshone National Forest $1,738,931
Deferred Maintenance.
CO...................................... White River............... White River National $1,658,183
Forest Deferred
Maintenance.
AZ...................................... Apache-Sitgreaves......... Apache-Sitgreaves National $1,092,496
Forests Deferred
Maintenance.
NM...................................... Carson.................... Carson National Forest $490,000
Deferred Maintenance.
NM...................................... Cibola.................... Cibola National Forest $2,948,781
Deferred Maintenance.
AZ...................................... Coconino.................. Coconino National Forest $387,000
Deferred Maintenance.
AZ...................................... Coronado.................. Coronado National Forest $1,271,750
Deferred Maintenance.
NM...................................... Gila...................... Gila National Forest $4,863,530
Deferred Maintenance.
NM...................................... Lincoln................... Lincoln National Forest $60,000
Deferred Maintenance.
AZ...................................... Prescott.................. Prescott National Forest $956,000
Deferred Maintenance.
NM...................................... Santa Fe.................. Santa Fe National Forest $2,728,000
Deferred Maintenance.
AZ...................................... Southwestern Region....... Southwestern Region $310,000
Deferred Maintenance.
AZ...................................... Tonto..................... Tonto National Forest $1,650,000
Deferred Maintenance.
UT...................................... Ashley.................... Ashley National Forest $1,645,000
Deferred Maintenance.
ID...................................... Boise..................... Boise National Forest $2,811,432
Deferred Maintenance.
WY...................................... Bridger-Teton............. Bridger-Teton National $1,755,000
Forest Deferred
Maintenance.
ID, UT, WY.............................. Caribou-Targhee........... Caribou-Targhee National $450,000
Forest Deferred
Maintenance.
UT...................................... Dixie..................... Dixie National Forest $447,178
Deferred Maintenance.
UT...................................... Fishlake.................. Fishlake National Forest $1,972,807
Deferred Maintenance.
CA, NV.................................. Humboldt-Toiyabe.......... Humboldt-Toiyabe National $983,580
Forest Deferred
Maintenance.
UT...................................... Manti-LaSal............... Manti-La Sal National $898,520
Forest Deferred
Maintenance.
ID...................................... Payette................... Payette National Forest $2,085,450
Deferred Maintenance.
ID...................................... Intermountain Region...... Intermountain Region $422,814
Deferred Maintenance.
ID...................................... Salmon-Challis............ Salmon-Challis National $253,500
Forest Deferred
Maintenance.
ID...................................... Sawtooth.................. Sawtooth National Forest $3,873,000
Deferred Maintenance.
UT...................................... Uinta-Wasatch-Cache....... Uinta-Wasatch-Cache $7,488,568
National Forest Deferred
Maintenance.
CA...................................... Angeles................... Angeles National Forest $650,000
Deferred Maintenance.
CA...................................... Cleveland................. Cleveland National Forest $485,000
Deferred Maintenance.
CA...................................... Eldorado.................. Eldorado National Forest $1,470,000
Deferred Maintenance.
CA...................................... Inyo...................... Inyo National Forest $4,869,700
Deferred Maintenance.
CA...................................... Lake Tahoe Basin Mgt Unit. Lake Tahoe Basin $750,000
Management Unit Deferred
Maintenance.
CA...................................... Lassen.................... Lassen National Forest $1,630,000
Deferred Maintenance.
CA...................................... Los Padres................ Los Padres National Forest $712,500
Deferred Maintenance.
CA...................................... Mendocino................. Mendocino National Forest $385,000
Deferred Maintenance.
CA...................................... Modoc..................... Modoc National Forest $550,000
Deferred Maintenance.
CA...................................... Pacific Southwest Region.. Pacific Southwest Region $7,213,000
Deferred Maintenance.
CA...................................... Plumas.................... Plumas National Forest $1,236,000
Deferred Maintenance.
CA...................................... San Bernardino............ San Bernardino National $1,647,000
Forest Deferred
Maintenance.
CA...................................... Sequoia................... Sequoia National Forest $3,641,000
Deferred Maintenance.
CA...................................... Sierra.................... Sierra National Forest $5,470,370
Deferred Maintenance.
CA...................................... Tahoe..................... Tahoe National Forest $2,200,000
Deferred Maintenance.
OR, WA.................................. Columbia River Gorge Columbia River Gorge $565,000
National Scenic Area. National Scenic Area
Deferred Maintenance.
WA...................................... Colville.................. Colville National Forest $1,075,000
Deferred Maintenance.
OR...................................... Deschutes................. Deschutes National Forest $181,500
Deferred Maintenance.
OR...................................... Fremont-Winema............ Fremont-Winema National $25,000
Forest Deferred
Maintenance.
WA...................................... Gifford Pinchot........... Gifford Pinchot National $2,290,000
Forest Deferred
Maintenance.
OR...................................... Malheur................... Malheur National Forest $2,969,548
Deferred Maintenance.
WA...................................... Mt. Baker-Snoqualmie...... Mt. Baker-Snoqualmie $3,123,000
National Forest Deferred
Maintenance.
OR...................................... Mt. Hood.................. Mt. Hood National Forest $4,850,000
Deferred Maintenance.
OR...................................... Ochoco.................... Ochoco National Forest $2,720,000
Deferred Maintenance.
WA...................................... Okanogan-Wenatchee........ Okanogan-Wenatchee $780,000
National Forest Deferred
Maintenance.
OR, WA.................................. Pacific Northwest Region.. Pacific Northwest Region $8,767,707
Deferred Maintenance.
WA...................................... Olympic................... Olympic National Forest $200,000
Deferred Maintenance.
OR...................................... Rogue River-Siskiyou...... Rogue River-Siskiyou $75,000
National Forest Deferred
Maintenance.
OR...................................... Siuslaw................... Siuslaw National Forest $1,850,000
Deferred Maintenance.
OR...................................... Umatilla.................. Umatilla National Forest $946,000
Deferred Maintenance.
OR...................................... Umpqua.................... Umpqua National Forest $1,135,000
Deferred Maintenance.
ID, OR.................................. Wallowa Whitman........... Wallowa Whitman National $391,985
Forest Deferred
Maintenance.
OR...................................... Willamette................ Willamette National Forest $250,000
Deferred Maintenance.
GA...................................... Chattahoochee-Oconee...... Chattahoochee-Oconee $2,075,000
National Forests Deferred
Maintenance.
TN...................................... Cherokee.................. Cherokee National Forest $5,919,330
Deferred Maintenance.
KY...................................... Daniel Boone.............. Daniel Boone National $539,970
Forest Deferred
Maintenance.
PR...................................... El Yunque................. El Yunque National Forest $96,266
Deferred Maintenance.
SC...................................... Francis Marion-Sumter..... Francis Marion-Sumter $2,050,000
National Forests Deferred
Maintenance.
VA...................................... George Washington- George Washington- $574,900
Jefferson. Jefferson National
Forests Deferred
Maintenance.
LA...................................... Kisatchie................. Kisatchie National Forest $80,000
Deferred Maintenance.
KY...................................... Land Between the Lakes Land Between the Lakes $520,000
National Recreation Area. National Recreation Area
Deferred Maintenance.
AL...................................... NFs in Alabama............ National Forests in $191,700
Alabama Deferred
Maintenance.
FL...................................... NFs in Florida............ National Forests in $195,000
Florida Deferred
Maintenance.
MS...................................... NFs in Mississippi........ National Forests in $240,509
Mississippi Deferred
Maintenance.
NC...................................... NFs in North Carolina..... National Forests in North $3,060,000
Carolina Deferred
Maintenance.
TX...................................... NFs in Texas.............. National Forests in Texas $1,650,000
Deferred Maintenance.
AR...................................... Ouachita.................. Ouachita National Forest $100,000
Deferred Maintenance.
AR...................................... Ozark-St Francis.......... Ozark-St Francis National $16,132,700
Forests Deferred
Maintenance.
PA...................................... Allegheny................. Allegheny National Forest $6,950,074
Deferred Maintenance.
WI...................................... Chequamegon-Nicolet....... Chequamegon-Nicolet $1,625,509
National Forest Deferred
Maintenance.
MN...................................... Chippewa.................. Chippewa National Forest $124,000
Deferred Maintenance.
NY, VT.................................. Green Mountain-Finger Green Mountain-Finger $373,375
Lakes. Lakes National Forests
Deferred Maintenance.
MI...................................... Hiawatha.................. Hiawatha National Forest $1,748,000
Deferred Maintenance.
IN...................................... Hoosier................... Hoosier National Forest $320,000
Deferred Maintenance.
MI...................................... Huron-Manistee............ Huron-Manistee National $590,000
Forests Deferred
Maintenance.
MO...................................... Mark Twain................ Mark Twain National Forest $3,960,000
Deferred Maintenance.
IL...................................... Midewin National Tallgrass Midewin National Tallgrass $247,000
Prairie. Prairie Deferred
Maintenance.
WV...................................... Monongahela............... Monongahela National $6,128,370
Forest Deferred
Maintenance.
IL...................................... Shawnee................... Shawnee National Forest $2,144,000
Deferred Maintenance.
MN...................................... Superior.................. Superior National Forest $353,584
Deferred Maintenance.
OH...................................... Wayne..................... Wayne National Forest $140,000
Deferred Maintenance.
NH...................................... White Mountain............ White Mountain National $702,000
Forest Deferred
Maintenance.
AK...................................... Chugach................... Chugach National Forest $2,732,251
Deferred Maintenance.
AK...................................... Tongass................... Tongass National Forest $7,107,934
Deferred Maintenance.
Total Project Funding..... .......................... $234,069,636
Mission Support........... .......................... $20,000,000
Sequestration............. .......................... $16,247,749
Reserve Fund.............. .......................... $14,730,838
Total, Forest Service... .......................... $285,048,223
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2022
----------------------------------------------------------------------------------------------------------------
State Agency--Account--Activity--Project Amount
----------------------------------------------------------------------------------------------------------------
OFFICE OF THE SECRETARY--Departmental Operations
----------------------------------------------------------------------------------------------------------------
Appraisal and Valuation Services--Federal Lands... 19,000,000
TOTAL, OFFICE OF THE SECRETARY.................. 19,000,000
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT--Land Acquisition
----------------------------------------------------------------------------------------------------------------
Acquisition Management............................ 7,500,000
Recreational Access............................... 20,500,000
Inholdings, Emergencies & Hardships............... 7,500,000
AZ.......................................... Arizona National Scenic Trail (Coke Ovens)........ 600,000
CO.......................................... Dominguez-Escalante National Conservation Area.... 600,000
ID.......................................... Sands Desert Habitat Management Area.............. 3,000,000
ID.......................................... Upper Snake/South Fork River Special Recreation 9,000,000
Management Area and Tex Creek Wildlife Management
Area.
MT.......................................... Big Snowy Mountains Access........................ 6,700,000
MT.......................................... High Divide....................................... 5,400,000
NM.......................................... Rio Grande del Norte National Monument............ 4,000,000
OR.......................................... John Day National Wild and Scenic River........... 800,000
Unallocated (5.7% sequestration for Acquisitions). 1,819,406
Subtotal, Acquisitions.......................... 31,919,406
TOTAL, BUREAU OF LAND MANAGEMENT.............. 67,419,406
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE--Land Acquisition
----------------------------------------------------------------------------------------------------------------
Highlands Conservation Act (Public Law 108-421)... 10,000,000
Land Acquisition Management....................... 17,000,000
Sportsmen and Recreational Access................. 15,500,000
Inholding/Emergencies and Hardships............... 10,000,000
Exchanges......................................... 1,000,000
Land Protection Planning.......................... 465,000
AR.......................................... Cache River National Wildlife Refuge.............. 1,000,000
AR.......................................... Felsenthal National Wildlife Refuge............... 4,500,000
CA.......................................... Sacramento River National Wildlife Refuge......... 1,000,000
CA.......................................... San Joaquin River National Wildlife Refuge........ 2,500,000
FL.......................................... St. Marks National Wildlife Refuge................ 2,000,000
IN.......................................... Patoka River National Wildlife Refuge............. 1,000,000
MO.......................................... Big Muddy National Fish and Wildlife Refuge....... 1,000,000
MT.......................................... Montana Conservation Areas and National Wildlife 6,050,000
Refuges.
NH.......................................... Silvio O. Conte National Fish and Wildlife Refuge-- 3,700,000
Mascoma River Unit.
OR.......................................... Ankeny National Wildlife Refuge................... 1,500,000
OR.......................................... William L. Finley National Wildlife Refuge........ 1,000,000
TX.......................................... Attwater Prairie Chicken National Wildlife Refuge. 3,000,000
TX.......................................... Laguna Atascosa National Wildlife Refuge.......... 4,000,000
TX.......................................... Lower Rio Grande National Wildlife Refuge......... 1,000,000
VT.......................................... Silvio O. Conte National Fish and Wildlife Refuge. 8,500,000
VA.......................................... Rappahannock River Valley National Wildlife Refuge 2,000,000
Mult........................................ Silvio O. Conte National Fish and Wildlife Refuge 5,000,000
(CT/MA/NH/VT).
Mult........................................ Great Thicket National Wildlife Refuge (CT/MA/ME/ 2,500,000
NH/NY/RI).
Mult........................................ Upper Mississippi River National Wildlife and Fish 1,500,000
Refuge (IA/IL/MN/WI).
Mult........................................ Northern Tallgrass Prairie National Wildlife 500,000
Refuge (IA/MN).
Mult........................................ Bear River Watershed Conservation Area (ID/UT/WY). 2,316,000
Mult........................................ Middle Mississippi National Wildlife Refuge (IL/ 1,000,000
MO).
Mult........................................ Hackmatack National Wildlife Refuge (IL/WI)....... 1,250,000
Unallocated (5.7% sequestration for Acquisitions). 3,494,711
Subtotal, Acquisitions.......................... 61,310,711
Total, Land Acquisition....................... 115,275,711
Cooperative Endangered Species Conservation
Fund:
Species Recovery Land Acquisition................. 11,162,000
Habitat Conservation Plan Acquisition............. 21,638,000
Total, Cooperative Endangered Species 32,800,000
Conservation Fund.
TOTAL, U.S. FISH AND WILDLIFE SERVICE......... 148,075,711
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE--Land Acquisition and State Assistance
----------------------------------------------------------------------------------------------------------------
State Conservation Grants......................... 208,000,000
LWCF Outdoor Recreation Legacy Grants............. 110,000,000
State Conservation Grants Administration.......... 12,000,000
Subtotal, State Assistance...................... 330,000,000
Use of unobligated balances, fiscal year 2018 [30,000,000]
and prior (non-add).
American Battlefield Protection Program (Public 20,000,000
Law 113-287).
Acquisition Management............................ 14,500,000
Recreational Access............................... 14,500,000
Emergencies, Hardships, Relocations, and 2,500,000
Deficiencies.
Inholding, Donations, and Exchanges............... 7,000,000
AK.......................................... Denali National Park and Preserve................. 150,000
AK.......................................... Katmai National Park and Preserve................. 275,000
AL.......................................... Little River Canyon National Preserve............. 1,150,000
AZ.......................................... Petrified Forest National Park.................... 12,000,000
AZ.......................................... Saguaro National Park--Rincon Creek Valley........ 4,124,500
CA.......................................... Death Valley National Park........................ 750,000
CA.......................................... Joshua Tree National Park......................... 2,500,000
CO.......................................... Sand Creek Massacre National Historic Site........ 4,100,000
DC.......................................... Rock Creek Park................................... 100,000
GA.......................................... Cumberland Island National Seashore............... 2,800,000
GA.......................................... Ocmulgee Mounds National Historical Park.......... 1,575,000
GU.......................................... War in the Pacific National Historical Park....... 825,000
HI.......................................... Haleakala National Park........................... 6,125,000
HI.......................................... Pu'uhonua o Honaunau National Historical Park..... 150,000
ID.......................................... City of Rocks National Reserve.................... 850,000
MA.......................................... Cape Cod National Seashore........................ 200,000
MA.......................................... Minute Man National Historical Park............... 250,000
MD.......................................... Chesapeake and Ohio Canal National Historical Park 465,000
MD.......................................... Monocacy National Battlefield..................... 900,000
ME.......................................... Acadia National Park.............................. 200,000
MO.......................................... Gateway Arch National Park........................ 2,600,000
MO.......................................... Wilson's Creek National Battlefield............... 1,000,000
MS.......................................... Natchez National Historical Park.................. 540,000
NC.......................................... Guilford Courthouse National Military Park........ 200,000
NM.......................................... Carlsbad Caverns National Park.................... 375,000
PA.......................................... Gettysburg National Military Park................. 275,000
PA.......................................... Upper Delaware Scenic and Recreation River........ 200,000
SD.......................................... Badlands National Park............................ 575,000
TN.......................................... Obed Wild and Scenic River........................ 150,000
TN.......................................... Shiloh National Military Park..................... 1,965,000
UT.......................................... Zion National Park................................ 1,950,000
VA.......................................... Petersburg National Battlefield................... 1,475,000
VA.......................................... Richmond National Battlefield Park................ 775,000
WI.......................................... Ice Age National Scenic Trail..................... 1,900,000
WV.......................................... Gauley River National Recreation Area............. 975,000
Mult........................................ Big South Fork National River and Recreation Area 1,000,000
(KY/TN).
Unallocated (5.7% sequestration for Acquisitions). 3,351,364
Subtotal, Acquisitions.......................... 58,795,864
Subtotal, Land Acquisition...................... 97,295,864
Total, NATIONAL PARK SERVICE.................. 447,295,864
----------------------------------------------------------------------------------------------------------------
U.S. FOREST SERVICE--Land Acquisition
----------------------------------------------------------------------------------------------------------------
Acquisition Management............................ 12,000,000
Recreational Access............................... 17,000,000
Critical Inholdings/Wilderness.................... 5,500,000
Cash Equalization................................. 250,000
CA.......................................... Plumas National Forest............................ 2,000,000
CA.......................................... Shasta-Trinity National Forest.................... 7,000,000
CA.......................................... Tahoe National Forest: Lake Tahoe Basin Management 9,000,000
Unit.
FL.......................................... National Forests in Florida--Longleaf Pine 19,000,000
Restoration Initiative.
GA.......................................... Chattahoochee-Oconee National Forests............. 2,625,000
MN.......................................... Superior National Forest--School Trust............ 25,000,000
MT.......................................... Lolo National Forest.............................. 10,300,000
NC.......................................... National Forests in North Carolina................ 3,827,000
SC.......................................... Francis Marion and Sumter National Forests........ 5,900,000
VT.......................................... Green Mountain and Finger Lakes National Forests.. 2,100,000
WA.......................................... Okanogan-Wenatchee National Forest................ 2,437,000
Unallocated (5.7% sequestration for Acquisitions). 5,391,064
Subtotal, Acquisitions.......................... 94,580,064
Total, Land Acquisition....................... 129,330,064
Forest Legacy Program:
Administrative Funds.............................. 7,500,000
MT.......................................... Montana Great Outdoors Conservation Project....... 20,000,000
ME.......................................... Quill Hill to Perham Stream....................... 8,045,000
HI.......................................... East Maui Rainforest.............................. 1,900,000
OR.......................................... Spence Mountain Forest............................ 2,100,000
WY.......................................... Munger Mountain Corridor Initiative............... 10,000,000
NH.......................................... Androscoggin Valley Corridor...................... 1,665,000
ME.......................................... Chadbourne Tree Farm.............................. 7,990,000
MI.......................................... Black River Ranch................................. 10,665,000
VT.......................................... Chateauguay Forest Project........................ 465,000
CA.......................................... Shackleford Forest................................ 3,000,000
GA.......................................... Dugdown Mountain Corridor......................... 1,705,000
AR.......................................... Hot Springs Forest................................ 3,190,000
VA.......................................... Roanoke River Forest.............................. 2,820,000
SC.......................................... Southern Coastal Biodiversity Project............. 9,457,000
Use of unobligated balances, fiscal year 2018 and -6,640,133
prior.
Unallocated (5.7% sequestration for Projects)..... 5,017,088
Subtotal, Forest Legacy Projects.................. 81,378,955
Total, Forest Legacy Program.................... 88,878,955
TOTAL, U.S. FOREST SERVICE.................... 218,209,019
TOTAL, LAND AND WATER CONSERVATION FUND....... 900,000,000
----------------------------------------------------------------------------------------------------------------
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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2022
(H.R. 2471; P.L. 117-103)
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
=======================================================================
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $3,912,338,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,879,332,000 as follows:
(A) $870,649,000 for adult employment and
training activities, of which $158,649,000
shall be available for the period July 1, 2022
through June 30, 2023, and of which
$712,000,000 shall be available for the period
October 1, 2022 through June 30, 2023;
(B) $933,130,000 for youth activities, which
shall be available for the period April 1, 2022
through June 30, 2023; and
(C) $1,075,553,000 for dislocated worker
employment and training activities, of which
$215,553,000 shall be available for the period
July 1, 2022 through June 30, 2023, and of
which $860,000,000 shall be available for the
period October 1, 2022 through June 30, 2023:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of
the WIOA shall not be subject to the requirements of
section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $1,033,006,000 as follows:
(A) $300,859,000 for the dislocated workers
assistance national reserve, of which
$100,859,000 shall be available for the period
July 1, 2022 through September 30, 2023, and of
which $200,000,000 shall be available for the
period October 1, 2022 through September 30,
2023: Provided, That funds provided to carry
out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for
statewide or local use in order to address
cases where there have been worker dislocations
across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan
with emerging economic development needs; and
train such eligible dislocated workers:
Provided further, That funds provided to carry
out sections 168(b) and 169(c) of the WIOA may
be used for technical assistance and
demonstration projects, respectively, that
provide assistance to new entrants in the
workforce and incumbent workers: Provided
further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this
subparagraph, the Secretary of Labor (referred
to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to
provide technical assistance and carry out
additional activities related to the transition
to the WIOA: Provided further, That of the
funds provided under this subparagraph,
$95,000,000 shall be for training and
employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent
limitation in such section) and 170 of the WIOA
as follows:
(i) $45,000,000 shall be for workers
in the Appalachian region, as defined
by 40 U.S.C. 14102(a)(1), workers in
the Lower Mississippi, as defined in
section 4(2) of the Delta Development
Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2)), and workers
in the region served by the Northern
Border Regional Commission, as defined
by 40 U.S.C. 15733; and
(ii) $50,000,000 shall be for the
purpose of developing, offering, or
improving educational or career
training programs at community
colleges, defined as public
institutions of higher education, as
described in section 101(a) of the
Higher Education Act of 1965 and at
which the associate's degree is
primarily the highest degree awarded,
with other eligible institutions of
higher education, as defined in section
101(a) of the Higher Education Act of
1965, eligible to participate through
consortia, with community colleges as
the lead grantee: Provided, That the
Secretary shall follow the requirements
for the program in House Report 116-62:
Provided further, That any grant funds
used for apprenticeships shall be used
to support only apprenticeship programs
registered under the National
Apprenticeship Act and as referred to
in section 3(7)(B) of the WIOA;
(B) $57,000,000 for Native American programs
under section 166 of the WIOA, which shall be
available for the period July 1, 2022 through
June 30, 2023;
(C) $95,396,000 for migrant and seasonal
farmworker programs under section 167 of the
WIOA, including $88,283,000 for formula grants
(of which not less than 70 percent shall be for
employment and training services), $6,456,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $657,000 for other discretionary
purposes, which shall be available for the
period April 1, 2022 through June 30, 2023:
Provided, That notwithstanding any other
provision of law or related regulation, the
Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance
services or discouraging grantees from
providing such services: Provided further,
That notwithstanding the definition of
``eligible seasonal farmworker'' in section
167(i)(3)(A) of the WIOA relating to an
individual being ``low-income'', an individual
is eligible for migrant and seasonal farmworker
programs under section 167 of the WIOA under
that definition if, in addition to meeting the
requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a
family with a total family income equal to or
less than 150 percent of the poverty line;
(D) $99,034,000 for YouthBuild activities as
described in section 171 of the WIOA, which
shall be available for the period April 1, 2022
through June 30, 2023;
(E) $102,079,000 for ex-offender activities,
under the authority of section 169 of the WIOA,
which shall be available for the period April
1, 2022 through June 30, 2023: Provided, That
of this amount, $25,000,000 shall be for
competitive grants to national and regional
intermediaries for activities that prepare for
employment young adults with criminal legal
histories, young adults who have been justice
system-involved, or young adults who have
dropped out of school or other educational
programs, with a priority for projects serving
high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169
of the WIOA, which shall be available for the
period July 1, 2022 through June 30, 2023;
(G) $235,000,000 to expand opportunities
through apprenticeships only registered under
the National Apprenticeship Act and as referred
to in section 3(7)(B) of the WIOA, to be
available to the Secretary to carry out
activities through grants, cooperative
agreements, contracts and other arrangements,
with States and other appropriate entities,
including equity intermediaries and business
and labor industry partner intermediaries,
which shall be available for the period July 1,
2022 through June 30, 2023; and
(H) $137,638,000 for carrying out
Demonstration and Pilot projects under section
169(c) of the WIOA, which shall be available
for the period April 1, 2022 through June 30,
2023, in addition to funds available for such
activities under subparagraph (A) for the
projects, and in the amounts, specified in the
table titled ``Community Project Funding/
Congressionally Directed Spending'' included
for this division in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act):
Provided, That such funds may be used for
projects that are related to the employment and
training needs of dislocated workers, other
adults, or youth: Provided further, That the
10 percent funding limitation under such
section shall not apply to such funds:
Provided further, That section 169(b)(6)(C) of
the WIOA shall not apply to such funds:
Provided further, That sections 102 and 107 of
this Act shall not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIOA,
$1,748,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which
shall be available for the period July 1, 2022 through
June 30, 2023;
(2) $113,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be
available for the period July 1, 2022 through June 30,
2025, and which may include the acquisition,
maintenance, and repair of major items of equipment:
Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of
such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant
to the preceding provision shall not be available for
obligation after June 30, 2022: Provided further, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps,
which shall be available for obligation for the period
October 1, 2021 through September 30, 2022:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $405,000,000, which shall
be available for the period April 1, 2022 through June 30,
2023, and may be recaptured and reobligated in accordance with
section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2022 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and including
benefit payments, allowances, training, employment and case
management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, sections 405(a) and 406 of the Trade
Preferences Extension Act of 2015, and section 285(a)(2) of the
Trade Act of 1974 (as amended by section 406(a)(7) of the Trade
Preferences Extension Act of 2015), $540,000,000 together with
such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent
to September 15, 2022: Provided, That notwithstanding section
502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000, together
with not to exceed $3,627,265,000 which may be expended from
the Employment Security Administration Account in the
Unemployment Trust Fund (``the Trust Fund''), of which--
(1) $2,850,816,000 from the Trust Fund is for grants
to States for the administration of State unemployment
insurance laws as authorized under title III of the
Social Security Act (including not less than
$250,000,000 to carry out reemployment services and
eligibility assessments under section 306 of such Act,
any claimants of regular compensation, as defined in
such section, including those who are profiled as most
likely to exhaust their benefits, may be eligible for
such services and assessments: Provided, That of such
amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided
to meet the terms of section 4004(b)(4)(B) and section
4005(d)(2) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year
2022, and $133,000,000 is additional new budget
authority specified for purposes of section 4004(b)(4)
and section 4005(d) of such resolution; and $9,000,000
for continued support of the Unemployment Insurance
Integrity Center of Excellence), the administration of
unemployment insurance for Federal employees and for
ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the
Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011, sections
405(a) and 406 of the Trade Preferences Extension Act
of 2015, and section 285(a)(2) of the Trade Act of 1974
(as amended by section 406(a)(7) of the Trade
Preferences Extension Act of 2015), and shall be
available for obligation by the States through December
31, 2022, except that funds used for automation shall
be available for Federal obligation through December
31, 2022, and for State obligation through September
30, 2024, or, if the automation is being carried out
through consortia of States, for State obligation
through September 30, 2028, and for expenditure through
September 30, 2029, and funds for competitive grants
awarded to States for improved operations and to
conduct in-person reemployment and eligibility
assessments and unemployment insurance improper payment
reviews and provide reemployment services and referrals
to training, as appropriate, shall be available for
Federal obligation through December 31, 2022 (except
that funds for outcome payments pursuant to section
306(f)(2) of the Social Security Act shall be available
for Federal obligation through March 31, 2023), and for
obligation by the States through September 30, 2024,
and funds for the Unemployment Insurance Integrity
Center of Excellence shall be available for obligation
by the State through September 30, 2023, and funds used
for unemployment insurance workloads experienced
through September 30, 2022 shall be available for
Federal obligation through December 31, 2022;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2022 through
June 30, 2023;
(4) $25,000,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986
(including assisting States in adopting or modernizing
information technology for use in the processing of
certification requests), and the provision of technical
assistance and staff training under the Wagner-Peyser
Act;
(5) $79,810,000 from the Trust Fund is for the
administration of foreign labor certifications and
related activities under the Immigration and
Nationality Act and related laws, of which $58,528,000
shall be available for the Federal administration of
such activities, and $21,282,000 shall be available for
grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and shall be available for Federal obligation for the
period July 1, 2022 through June 30, 2023, of which up
to $9,800,000 may be used to carry out research and
demonstration projects related to testing effective
ways to promote greater labor force participation of
people with disabilities: Provided, That the Secretary
may transfer amounts made available for research and
demonstration projects under this paragraph to the
``Office of Disability Employment Policy'' account for
such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2022 is projected by
the Department of Labor to exceed 2,208,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided
further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to
make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated
for grants to States under title III of the Social Security Act
to make payments on behalf of States to the entity operating
the State Information Data Exchange System: Provided further,
That funds appropriated in this Act which are used to establish
a national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance, employment service, or immigration
programs, may be obligated in contracts, grants, or agreements
with States and non-State entities: Provided further, That
States awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards'' at part 200 of title 2, Code of Federal
Regulations: Provided further, That the Secretary, at the
request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in
the consortium or to the entity operating the Unemployment
Insurance Information Technology Support Center in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the
costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public
and private institutions of higher education, and nonprofit
organizations and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, for the National Agricultural
Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such
entities, which shall be credited to this appropriation and
shall remain available until September 30, 2023, for such
purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1986; and
for nonrepayable advances to the revolving fund established by
section 901(e) of the Social Security Act, to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the ``Federal
Unemployment Benefits and Allowances'' account, such sums as
may be necessary, which shall be available for obligation
through September 30, 2023.
program administration
For expenses of administering employment and training
programs, $112,934,000, together with not to exceed $51,481,000
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $185,500,000, of which up to $3,000,000 shall
be made available through September 30, 2023, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, as may be necessary in carrying out the program,
including associated administrative expenses, through September
30, 2022, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2022 shall
be available for obligations for administrative expenses in
excess of $472,955,000: Provided further, That to the extent
that the number of new plan participants in plans terminated by
the Corporation exceeds 100,000 in fiscal year 2022, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2026, for obligations for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts
provided for administrative expenses in this paragraph may be
incurred and shall be available through September 30, 2026 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That an additional amount shall be available for obligation
through September 30, 2026 to the extent the Corporation's
costs exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$251,000,000.
Office of Labor-management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $45,937,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $108,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $117,924,000, together with $2,205,000
which may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses not otherwise authorized)
accruing during the current or any prior fiscal year authorized
by 5 U.S.C. 81; continuation of benefits as provided for under
the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War
Claims Act (50 U.S.C. App. 2012); obligations incurred under
the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and
50 percent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $244,000,000, together with such amounts as
may be necessary to be charged to the subsequent year
appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year, for deposit into and to assume the attributes of the
Employees' Compensation Fund established under 5 U.S.C.
8147(a): Provided, That amounts appropriated may be used under
5 U.S.C. 8104 by the Secretary to reimburse an employer, who is
not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided
further, That balances of reimbursements unobligated on
September 30, 2021, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other
corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the
cost of administration for employees of such fair share
entities through September 30, 2022: Provided further, That of
those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $80,920,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications
systems, $27,445,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake,
and medical bill processing, $25,859,000;
(3) For periodic roll disability management and
medical review, $25,860,000;
(4) For program integrity, $1,756,000; and
(5) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$32,970,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs
incurred in the current fiscal year, such amounts as may be
necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2023, $11,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $63,428,000, to
remain available until expended: Provided, That the Secretary
may require that any person filing a claim for benefits under
the Act provide as part of such claim such identifying
information (including Social Security account number) as may
be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ``Fund''), to remain available until expended,
for payment of all benefits authorized by section 9501(d)(1),
(2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as
authorized by section 9501(d)(4) of that Act. In addition, the
following amounts may be expended from the Fund for fiscal year
2022 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $41,464,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$37,598,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $342,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $612,015,000, including not to exceed
$113,000,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year
of training institute course tuition and fees, otherwise
authorized by law to be collected, and may utilize such sums
for occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2022,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'')
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $11,787,000 shall be
available for Susan Harwood training grants, of which not more
than $6,500,000 is for Susan Harwood Training Capacity Building
Developmental grants, for program activities starting not later
than September 30, 2022 and lasting for a period of 12 months:
Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $383,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health education
and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters
or in the national organization: Provided further, That any
funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major
disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$619,952,000, together with not to exceed $68,000,000 which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
Within this amount, $28,470,000 for costs associated with the
physical move of the Bureau of Labor Statistics' headquarters,
including replication of space, furniture, fixtures, equipment,
and related costs shall remain available until September 30,
2026.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $40,500,000, of which not less than
$9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor
force participation of people with disabilities: Provided,
That the Secretary may transfer amounts made available under
this heading for research and demonstration projects to the
``State Unemployment Insurance and Employment Service
Operations'' account for such purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including
the hire of three passenger motor vehicles, $367,389,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $74,525,000 for the
Bureau of International Labor Affairs shall be available for
obligation through December 31, 2022: Provided further, That
funds available to the Bureau of International Labor Affairs
may be used to administer or operate international labor
activities, bilateral and multilateral technical assistance,
and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That not
less than $30,175,000 shall be for programs to combat
exploitative child labor internationally and not less than
$30,175,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further,
That $8,281,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2023:
Provided further, That funds available for program evaluation
may be used to administer grants for the purpose of evaluation:
Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of
the amounts made available to the Women's Bureau, not less than
$2,500,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $264,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund
to carry out the provisions of chapters 41, 42, and 43 of title
38, United States Code, of which--
(1) $183,000,000 is for Jobs for Veterans State
grants under 38 U.S.C. 4102A(b)(5) to support disabled
veterans' outreach program specialists under section
4103A of such title and local veterans' employment
representatives under section 4104(b) of such title,
and for the expenses described in section
4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2024,
and not to exceed 3 percent for the necessary Federal
expenditures for data systems and contract support to
allow for the tracking of participant and performance
information: Provided, That, in addition, such funds
may be used to support such specialists and
representatives in the provision of services to
transitioning members of the Armed Forces who have
participated in the Transition Assistance Program and
have been identified as in need of intensive services,
to members of the Armed Forces who are wounded, ill, or
injured and receiving treatment in military treatment
facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded,
ill, or injured members;
(2) $32,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C.
1144;
(3) $46,048,000 is for Federal administration of
chapters 41, 42, and 43 of title 38, and sections 2021,
2021A and 2023 of title 38, United States Code:
Provided, That, up to $500,000 may be used to carry out
the Hire VETS Act (division O of Public Law 115-31);
and
(4) $3,414,000 is for the National Veterans'
Employment and Training Services Institute under 38
U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4) above
an amount not to exceed 3 percent of the appropriation from
which such reallocation is made.
In addition, from the General Fund of the Treasury,
$60,500,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2022, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless veterans
described in section 2002(a)(1), services to veterans who were
homeless at some point within the 60 days prior to program
entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness: Provided further, That notwithstanding paragraph
(3) under this heading, funds appropriated in this paragraph
may be used for data systems and contract support to allow for
the tracking of participant and performance information:
Provided further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
to carry out the HIRE Vets Medallion Award Program, as
authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to any
other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note ) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $28,269,000, which shall be
available through September 30, 2023.
office of inspector general
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $85,187,000, together with not to exceed $5,660,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred
between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority
granted by this section shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order 13126, none of
the funds appropriated or otherwise made available pursuant to
this Act shall be obligated or expended for the procurement of
goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child
labor in industries and host countries already identified by
the United States Department of Labor prior to enactment of
this Act.
Sec. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for
grants under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used
for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not
currently enrolled in school within a local educational agency
in the occupations and industries for which employers are using
H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under
the heading ``Employment and Training Administration'' shall be
used by a recipient or subrecipient of such funds to pay the
salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of Executive Level II. This
limitation shall not apply to vendors providing goods and
services as defined in Office of Management and Budget Circular
A-133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable
State or local government employees, and the size of the
organizations that administer Federal programs involved
including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-
aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration by
this Act to ``Program Administration'' in order to carry out
program integrity activities relating to any of the programs or
activities that are funded under any such discretionary
appropriations: Provided, That notwithstanding section 102 and
the preceding proviso, the Secretary may transfer not more than
0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such
account to carry out program integrity activities related to
the Job Corps program: Provided further, That funds
transferred under this subsection shall be available to the
Secretary to carry out program integrity activities directly or
through grants, cooperative agreements, contracts and other
arrangements with States and other appropriate entities:
Provided further, That funds transferred under the authority
provided by this subsection shall be available for obligation
through September 30, 2023.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out evaluations
of any of the programs or activities that are funded under such
accounts. Any funds reserved under this section shall be
transferred to ``Departmental Management'' for use by the
Office of the Chief Evaluation Officer within the Department of
Labor, and shall be available for obligation through September
30, 2023: Provided, That such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be
carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office of
Labor Management Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made
available to the ``Bureau of International Labor Affairs'' and
``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans' Employment and
Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to
any employee--
``(A) employed to adjust or evaluate claims
resulting from or relating to such major
disaster, by an employer not engaged, directly
or through an affiliate, in underwriting,
selling, or marketing property, casualty, or
liability insurance policies or contracts;
``(B) who receives from such employer on
average weekly compensation of not less than
$591.00 per week or any minimum weekly amount
established by the Secretary, whichever is
greater, for the number of weeks such employee
is engaged in any of the activities described
in subparagraph (C); and
``(C) whose duties include any of the
following:
``(i) interviewing insured
individuals, individuals who suffered
injuries or other damages or losses
arising from or relating to a disaster,
witnesses, or physicians;
``(ii) inspecting property damage or
reviewing factual information to
prepare damage estimates;
``(iii) evaluating and making
recommendations regarding coverage or
compensability of claims or determining
liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations
regarding litigation.
``(2) The exemption in this subsection shall not
affect the exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any
disaster or catastrophe declared or designated
by any State or Federal agency or department;
``(B) the term `employee employed to adjust
or evaluate claims resulting from or relating
to such major disaster' means an individual who
timely secured or secures a license required by
applicable law to engage in and perform the
activities described in clauses (i) through (v)
of paragraph (1)(C) relating to a major
disaster, and is employed by an employer that
maintains worker compensation insurance
coverage or protection for its employees, if
required by applicable law, and withholds
applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any
benefits of such employees; and
``(C) the term `affiliate' means a company
that, by reason of ownership or control of 25
percent or more of the outstanding shares of
any class of voting securities of one or more
companies, directly or indirectly, controls, is
controlled by, or is under common control with,
another company.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-
2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a
petition for H-2B nonimmigrants filed by an employer in
the seafood industry is granted, the employer may bring
the nonimmigrants described in the petition into the
United States at any time during the 120-day period
beginning on the start date for which the employer is
seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An
employer in the seafood industry may not bring H-2B
nonimmigrants into the United States after the date
that is 90 days after the start date for which the
employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local
labor market by--
(i) listing job orders in local
newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on
the appropriate Department of Labor
Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time
and place of need.
(3) Exemption from rules with respect to
staggering.--The Secretary of Labor shall not consider
an employer in the seafood industry who brings H-2B
nonimmigrants into the United States during the 120-day
period specified in paragraph (1) to be staggering the
date of need in violation of section 655.20(d) of title
20, Code of Federal Regulations, or any other
applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees with
similar experience and qualifications for such position in the
same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic
area in which the H-2B nonimmigrant will be employed, based on
the best information available at the time of filing the
petition. In the determination of prevailing wage for the
purposes of the H-2B program, the Secretary shall accept
private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the
Secretary determines that the methodology and data in the
provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H-2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training apprentices
in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part
of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor
during the workday of the Secretary and during any
activity that is preliminary or postliminary to the
performance of official duties by the Secretary;
``(2) provide protection, incidental to the
protection provided to the Secretary, to a member of
the immediate family of the Secretary who is
participating in an activity or event relating to the
official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph
(1)) and to the members of the immediate family of the
Secretary if there is a unique and articulable threat
of physical harm, in accordance with guidelines
established by the Secretary; and
``(4) provide protection to the Deputy Secretary of
Labor or another senior officer representing the
Secretary of Labor at a public event if there is a
unique and articulable threat of physical harm, in
accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of
such officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and
conducting advance work to review security matters
relating to sites and events;
``(4) coordinate with local law enforcement agencies;
and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the
Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer
or special agent employed under subsection (a) shall exercise
any authority provided under this section in accordance with
any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of
Labor.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of any
Federal law or regulation relating to the disposition of
Federal real property, including but not limited to subchapter
III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States
Code. The net proceeds of such a sale shall be transferred to
the Secretary, which shall be available until expended to carry
out the Job Corps Program on Treasure Island.
Sec. 115. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement
between the United States Department of Labor and the
United States Department of Agriculture; or
(2) close any of the Civilian Conservation Centers,
except if such closure is necessary to prevent the
endangerment of the health and safety of the students,
the capacity of the program is retained, and the
requirements of section 159(j) of the WIOA are met.
Sec. 116. The paragraph under the heading ``Working Capital
Fund'' in the Department of Labor Appropriations Act, 1958,
Public Law 85-67, 71 Stat. 210, as amended, is further amended
by striking the third proviso and inserting in lieu thereof
``That the Secretary of Labor may transfer to the Working
Capital Fund, to remain available for obligation for five
fiscal years after the fiscal year of such transfer, annually
an amount not to exceed $9,000,000 from unobligated balances in
the Department's salaries and expenses accounts made available
in Public Laws 115-245, 116-94, or 116-260, and annually an
amount not to exceed $9,000,000 from unobligated balances in
the Department's discretionary grants accounts made available
in Public Laws 115-245, 116-94, 116-260, for the acquisition of
capital equipment and the improvement of financial management,
information technology, infrastructure technology investment
activities related to support systems and modernization, and
other support systems: Provided further, That the Secretary of
Labor may transfer to the Working Capital Fund, to remain
available for obligation for five fiscal years after the fiscal
year of such transfer, annually an amount not to exceed
$18,000,000 from unobligated balances in the Department's
salaries and expenses accounts made available in this Act and
hereafter, and $18,000,000 from unobligated balances in the
Department's discretionary grants accounts made available in
this Act and hereafter for the acquisition of capital equipment
and the improvement of financial management, information
technology, infrastructure technology investment activities
related to support systems and modernization, and other support
systems:''.
Sec. 117. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $72,000,000 are hereby permanently rescinded.
This title may be cited as the ``Department of Labor
Appropriations Act, 2022''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,748,772,000: Provided, That no more than
$1,000,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided
further, That no more than $120,000,000 shall be available
until expended for carrying out subsections (g) through (n) and
(q) of section 224 of the PHS Act, and for expenses incurred by
the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made
under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,295,742,000: Provided, That section
751(j)(2) of the PHS Act and the proportional funding amounts
in paragraphs (1) through (4) of section 756(f) of the PHS Act
shall not apply to funds made available under this heading:
Provided further, That for any program operating under section
751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act
for the full project period of a grant under such section:
Provided further, That no funds shall be available for section
340G-1 of the PHS Act: Provided further, That fees collected
for the disclosure of information under section 427(b) of the
Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until
expended for the National Practitioner Data Bank: Provided
further, That funds transferred to this account to carry out
section 846 and subpart 3 of part D of title III of the PHS Act
may be used to make prior year adjustments to awards made under
such section and subpart: Provided further, That $121,600,000
shall remain available until expended for the purposes of
providing primary health services, assigning National Health
Service Corps (``NHSC'') members to expand the delivery of
substance use disorder treatment services, notwithstanding the
assignment priorities and limitations under sections
333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and
making payments under the NHSC Loan Repayment Program under
section 338B of such Act: Provided further, That, within the
amount made available in the previous proviso, $15,600,000
shall remain available until expended for the purposes of
making payments under the NHSC Loan Repayment Program under
section 338B of the PHS Act to individuals participating in
such program who provide primary health services in Indian
Health Service facilities, Tribally-Operated 638 Health
Programs, and Urban Indian Health Programs (as those terms are
defined by the Secretary), notwithstanding the assignment
priorities and limitations under section 333(b) of such Act:
Provided further, That for purposes of the previous two
provisos, section 331(a)(3)(D) of the PHS Act shall be applied
as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those
provided by masters level, licensed substance use disorder
treatment counselors: Provided further, That of the funds made
available under this heading, $6,000,000 shall be available to
make grants to establish, expand, or maintain optional
community-based nurse practitioner fellowship programs that are
accredited or in the accreditation process, with a preference
for those in Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or behavioral
health: Provided further, That of the funds made available
under this heading, $5,000,000 shall remain available until
expended for activities under section 775 of the PHS Act:
Provided further, That the United States may recover liquidated
damages in an amount determined by the formula under section
338E(c)(1) of the PHS Act if an individual either fails to
begin or complete the service obligated by a contract under
section 775(b) of the PHS Act: Provided further, That for
purposes of section 775(c)(1) of the PHS Act, the Secretary may
include other mental and behavioral health disciplines as the
Secretary deems appropriate: Provided further, That the
Secretary may terminate a contract entered into under section
775 of the PHS Act in the same manner articulated in Section
206 of this title for fiscal year 2022 contracts entered into
under section 338B of the PHS Act.
Of the funds made available under this heading, $55,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support graduate
education for physicians provided by such institutions,
including funding for infrastructure development, maintenance,
equipment, and minor renovations or alterations: Provided,
That, in awarding such grants, the Secretary shall give
priority to public institutions of higher education located in
States with a projected primary care provider shortage in 2025,
as determined by the Secretary: Provided further, That grants
so awarded are limited to such public institutions of higher
education in States in the top quintile of States with a
projected primary care provider shortage in 2025, as determined
by the Secretary: Provided further, That the minimum amount of
a grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, That such a grant
may be awarded for a period not to exceed 5 years: Provided
further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement
of non-Federal funds in an amount that is not less than 10
percent of the total amount of Federal funds provided in the
grant to such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health and title V of the
Social Security Act, $1,018,624,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $169,116,000 shall be available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in
subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,494,776,000, of which
$2,014,698,000 shall remain available to the Secretary through
September 30, 2024, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act; and of which $125,000,000, to
remain available until expended, shall be available to the
Secretary for carrying out a program of grants and contracts
under title XXVI or section 311(c) of such Act focused on
ending the nationwide HIV/AIDS epidemic, with any grants issued
under such section 311(c) administered in conjunction with
title XXVI of the PHS Act, including the limitation on
administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $133,093,000, of which $122,000 shall
be available until expended for facilities-related expenses of
the National Hansen's Disease Program.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $366,112,000, of which $62,277,000
from general revenues, notwithstanding section 1820(j) of the
Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program: Provided,
That of the funds made available under this heading for
Medicare rural hospital flexibility grants, $20,942,000 shall
be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health
information technology, up to $5,000,000 shall be available to
establish by grant to public or non-profit private entities the
Rural Emergency Hospital Technical Assistance Program, and up
to $1,000,000 shall be to carry out section 1820(g)(6) of the
Social Security Act, with funds provided for grants under
section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to
coordinate rural veterans care between rural providers and the
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the
PHS Act, $12,500,000 shall be available for State Offices of
Rural Health: Provided further, That $10,500,000 shall remain
available through September 30, 2024, to support the Rural
Residency Development Program: Provided further, That
$135,000,000 shall be for the Rural Communities Opioids
Response Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $1,213,196,000: Provided, That funds made
available under this heading may be used to supplement program
support funding provided under the headings ``Primary Health
Care'', ``Health Workforce'', ``Maternal and Child Health'',
``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and
``Rural Health'': Provided further, That of the amount made
available under this heading, $1,057,896,000 shall be used for
the projects financing the construction and renovation
(including equipment) of health care and other facilities, and
for the projects financing one-time grants that support health-
related activities, including training and information
technology, and in the amounts specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the funds
made available in the preceding proviso, up to $4,000,000 may
be used for related agency administrative expenses: Provided
further, That none of the funds made available for projects
described in the two preceding provisos shall be subject to
section 241 of the PHS Act or section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the PHS Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $13,200,000 shall be
available from the Trust Fund to the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $5,000,000,
to remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $448,805,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,345,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $641,272,000: Provided, That of the
amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or State
quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $1,083,714,000: Provided, That funds made available
under this heading may be available for making grants under
section 1509 of the PHS Act for not less than 21 States,
tribes, or tribal organizations: Provided further, That of the
funds made available under this heading, $15,000,000 shall be
available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the
highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the
PHS Act shall not apply to funds made available under this
heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities,
disabilities and health, $177,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics,
and workforce development, $651,997,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $209,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $714,879,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $351,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount
shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B, title
I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $646,843,000, of which: (1)
$128,921,000 shall remain available through September 30, 2023
for international HIV/AIDS; and (2) $253,200,000 shall remain
available through September 30, 2024 for global public health
protection: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering
potential biological, nuclear, radiological, and chemical
threats to civilian populations, $862,200,000: Provided, That
the Director of the Centers for Disease Control and Prevention
(referred to in this title as ``CDC'') or the Administrator of
the Agency for Toxic Substances and Disease Registry may detail
staff without reimbursement to support an activation of the CDC
Emergency Operations Center, so long as the Director or
Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives
and the Senate within 15 days of the use of this authority, a
full report within 30 days after use of this authority which
includes the number of staff and funding level broken down by
the originating center and number of days detailed, and an
update of such report every 180 days until staff are no longer
on detail without reimbursement to the CDC Emergency Operations
Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$30,000,000, which shall remain available until September 30,
2026: Provided, That funds made available to this account in
this or any prior Act that are available for the acquisition of
real property or for construction or improvement of facilities
shall be available to make improvements on non-federally owned
property, provided that any improvements that are not adjacent
to federally owned property do not exceed $2,500,000, and that
the primary benefit of such improvements accrues to CDC:
Provided further, That funds previously set-aside by CDC for
repair and upgrade of the Lake Lynn Experimental Mine and
Laboratory shall be used to acquire a replacement mine safety
research facility: Provided further, That funds made available
to this account in this or any prior Act that are available for
the acquisition of real property or for construction or
improvement of facilities in conjunction with the new
replacement mine safety research facility shall be available to
make improvements on non-federally owned property, provided
that any improvements that are not adjacent to federally owned
property do not exceed $5,000,000: Provided further, That in
addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available
for Individual Learning Accounts shall be credited to and
merged with the amounts made available under this heading to
support the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $333,570,000, of which $200,000,000 shall remain
available through September 30, 2024, for public health
infrastructure and capacity: Provided, That paragraphs (1)
through (3) of subsection (b) of section 2821 of the PHS Act
shall not apply to funds appropriated under this heading and in
all other accounts of the CDC: Provided further, That of the
amounts made available under this heading, $20,000,000, to
remain available until expended, shall be available to the
Director of the CDC for deposit in the Infectious Diseases
Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245: Provided further, That funds
appropriated under this heading may be used to support a
contract for the operation and maintenance of an aircraft in
direct support of activities throughout CDC to ensure the
agency is prepared to address public health preparedness
emergencies: Provided further, That employees of CDC or the
Public Health Service, both civilian and commissioned officers,
detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated to CDC
in this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided further,
That with respect to the previous proviso, authorized user fees
from the Vessel Sanitation Program and the Respirator
Certification Program shall be available through September 30,
2023.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,718,522,000, of which up to $30,000,000
may be used for facilities repairs and improvements at the
National Cancer Institute--Frederick Federally Funded Research
and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,808,494,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $501,231,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease,
$2,203,926,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,535,370,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,322,728,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,092,373,000, of which
$1,309,313,000 shall be from funds available under section 241
of the PHS Act: Provided, That not less than $409,957,000 is
provided for the Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,683,009,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $863,918,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $842,169,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,219,936,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$655,699,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders,
$514,885,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $180,862,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $573,651,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,595,474,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,140,976,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $639,062,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$424,590,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $159,365,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$459,056,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the PHS Act), $86,880,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $479,439,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until
September 30, 2023: Provided further, That in fiscal year
2022, the National Library of Medicine may enter into personal
services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $882,265,000: Provided,
That up to $60,000,000 shall be available to implement section
480 of the PHS Act, relating to the Cures Acceleration Network:
Provided further, That at least $606,646,000 is provided to
the Clinical and Translational Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,616,520,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That all
funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000 shall
be for the Environmental Influences on Child Health Outcomes
study: Provided further, That $657,401,000 shall be available
for the Common Fund established under section 402A(c)(1) of the
PHS Act: Provided further, That of the funds provided, $10,000
shall be for official reception and representation expenses
when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to
make grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $70,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical
and behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the
appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH,
including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in
addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous
proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the Inspector General shall consult with
the Committees on Appropriations of the House of
Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2022 and 2023 no
later than 30 days after the date of enactment of this Act:
Provided further, That amounts made available under this
heading are also available to establish, operate, and support
the Research Policy Board authorized by section 2034(f) of the
21st Century Cures Act: Provided further, That the funds made
available under this heading for the Office of Research on
Women's Health shall also be available for making grants to
serve and promote the interests of women in research, and the
Director of such Office may, in making such grants, use the
authorities available to NIH Institutes and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund for the purpose of carrying
out section 402(b)(7)(B)(ii) of the PHS Act (relating to
pediatric research), as authorized in the Gabriella Miller Kids
First Research Act, of which $3,000,000 shall be derived from
the 10-year Pediatric Research Initiative Fund described in
section 9008 of the Internal Revenue Code of 1986 (26 U.S.C.
9008).
buildings and facilities
For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by
NIH, including the acquisition of real property, $250,000,000,
to remain available through September 30, 2026.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes in the appropriations
provided to the NIH in this Act, $496,000,000, to remain
available until expended: Provided, That such amounts are
appropriated pursuant to section 1001(b)(3) of such Act, are to
be derived from amounts transferred under section 1001(b)(2)(A)
of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the
Director that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the Account: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, the Protection and Advocacy for
Individuals with Mental Illness Act, and the SUPPORT for
Patients and Communities Act, $2,048,090,000: Provided, That
of the funds made available under this heading, $81,887,000
shall be for the National Child Traumatic Stress Initiative:
Provided further, That notwithstanding section 520A(f)(2) of
the PHS Act, no funds appropriated for carrying out section
520A shall be available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts
provided herein, $21,039,000 shall be available under section
241 of the PHS Act to carry out subpart I of part B of title
XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this Act
for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That of the funds made available under this
heading for subpart I of part B of title XIX of the PHS Act, at
least 5 percent shall be available to support evidence-based
crisis systems: Provided further, That up to 10 percent of the
amounts made available to carry out the Children's Mental
Health Services program may be used to carry out demonstration
grants or contracts for early interventions with persons not
more than 25 years of age at clinical high risk of developing a
first episode of psychosis: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2022: Provided further, That
States shall expend at least 10 percent of the amount each
receives for carrying out section 1911 of the PHS Act to
support evidence-based programs that address the needs of
individuals with early serious mental illness, including
psychotic disorders, regardless of the age of the individual at
onset: Provided further, That $315,000,000 shall be available
until September 30, 2024 for grants to communities and
community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a)
of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds
made available under this heading, $21,420,000 shall be to
carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with
respect to substance abuse treatment and prevention, and the
SUPPORT for Patients and Communities Act, $3,873,396,000:
Provided, That $1,525,000,000 shall be for State Opioid
Response Grants for carrying out activities pertaining to
opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention
and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided
further, That of such amount $55,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for
the States with the highest mortality rate related to opioid
use disorders: Provided further, That of the amounts provided
for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training,
technical assistance, and evaluation: Provided further, That
of the amount not reserved by the previous three provisos, the
Secretary shall make allocations to States, territories, and
the District of Columbia according to a formula using national
survey results that the Secretary determines are the most
objective and reliable measure of drug use and drug-related
deaths: Provided further, That the Secretary shall submit the
formula methodology to the Committees on Appropriations of the
House of Representatives and the Senate not less than 21 days
prior to publishing a Funding Opportunity Announcement:
Provided further, That prevention and treatment activities
funded through such grants may include education, treatment
(including the provision of medication), behavioral health
services for individuals in treatment programs, referral to
treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each
State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, That in addition to
amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to
carry out subpart II of part B of title XIX of the PHS Act to
fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided further,
That none of the funds provided for section 1921 of the PHS Act
or State Opioid Response Grants shall be subject to section 241
of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $218,219,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention'' in carrying out titles III, V, and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental
Illness Act in the Substance Abuse and Mental Health Services
Administration, $260,230,000: Provided, That of the amount
made available under this heading, $127,535,000 shall be used
for the projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in the
preceding proviso shall be subject to section 241 of the PHS
Act or section 205 of this Act: Provided further, That in
addition to amounts provided herein, $31,428,000 shall be
available under section 241 of the PHS Act to supplement funds
available to carry out national surveys on drug abuse and
mental health, to collect and analyze program data, and to
conduct public awareness and technical assistance activities:
Provided further, That, in addition, fees may be collected for
the costs of publications, data, data tabulations, and data
analysis completed under title V of the PHS Act and provided to
a public or private entity upon request, which shall be
credited to this appropriation and shall remain available until
expended for such purposes: Provided further, That amounts
made available in this Act for carrying out section 501(o) of
the PHS Act shall remain available through September 30, 2023:
Provided further, That funds made available under this heading
(other than amounts specified in the first proviso under this
heading) may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of
title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $350,400,000: Provided, That section 947(c) of the
PHS Act shall not apply in fiscal year 2022: Provided further,
That in addition, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale
of data shall be credited to this appropriation and shall
remain available until September 30, 2023.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $368,666,106,000, to remain
available until expended.
In addition, for carrying out such titles after May 31, 2022,
for the last quarter of fiscal year 2022 for unanticipated
costs incurred for the current fiscal year, such sums as may be
necessary, to remain available until expended.
In addition, for carrying out such titles for the first
quarter of fiscal year 2023, $165,722,018,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and
the Federal Supplementary Medical Insurance Trust Fund, as
provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $487,862,000,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D-16 of the Social
Security Act that were not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed $3,669,744,000
to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to
section 1893(h) of the Social Security Act, and such sums as
may be collected from authorized user fees and the sale of
data, which shall be credited to this account and remain
available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect
fees in fiscal year 2022 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and
from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of
that Act: Provided further, That of the amount made available
under this heading, $397,334,000 shall remain available until
September 30, 2023, and shall be available for the Survey and
Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social
Security Act) shall not exceed the amount specifically provided
for such purpose under this heading in division H of the
Consolidated Appropriations Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $873,000,000, to remain
available through September 30, 2023, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$658,648,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $102,145,000
shall be for the Department of Health and Human Services Office
of Inspector General to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act, and of which
$112,207,000 shall be for the Department of Justice to carry
out fraud and abuse activities authorized by section 1817(k)(3)
of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2022
shall include measures of the operational efficiency and impact
on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP
programs for the funds provided by this appropriation:
Provided further, That of the amount provided under this
heading, $317,000,000 is provided to meet the terms of section
4004(b)(3)(B) and section 4005(c)(2) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022, and $556,000,000 is additional new budget authority
specified for purposes of section 4004(b)(3) and section
4005(c) of such resolution: Provided further, That the
Secretary shall provide not less than $30,000,000 from amounts
made available under this heading and amounts made available
for fiscal year 2022 under section 1817(k)(3)(A) of the Social
Security Act for the Senior Medicare Patrol program to combat
health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $2,795,000,000, to remain available until
expended; and for such purposes for the first quarter of fiscal
year 2023, $1,300,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960, for
the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), $3,800,304,000: Provided, That
notwithstanding section 2609A(a) of such Act, not more than
$4,600,000 may be reserved by the Secretary for technical
assistance, training, and monitoring of program activities for
compliance with internal controls, policies and procedures, and
to supplement funding otherwise available for necessary
administrative expenses to carry out such Act, and the
Secretary may, in addition to the authorities provided in
section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit
organizations: Provided further, That all but $785,000,000 of
the amount appropriated under this heading shall be allocated
as though the total appropriation for such payments for fiscal
year 2022 was less than $1,975,000,000: Provided further,
That, after applying all applicable provisions of section 2604
of such Act and the previous proviso, each State or territory
that would otherwise receive an allocation that is less than 97
percent of the amount that it received under this heading for
fiscal year 2021 from amounts appropriated in Public Law 116-
260 shall have its allocation increased to that 97 percent
level, with the portions of other States' and territories'
allocations that would exceed 100 percent of the amounts they
respectively received in such fashion for fiscal year 2021
being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$4,825,214,000, of which $4,777,459,000 shall remain available
through September 30, 2024 for carrying out such sections 414,
501, 462, and 235: Provided, That amounts available under this
heading to carry out the TVPA shall also be available for
research and evaluation with respect to activities under such
Act: Provided further, That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall
apply to transfers to appropriations under this heading by
substituting ``15 percent'' for ``3 percent'': Provided
further, That the contribution of funds requirement under
section 235(c)(6)(C)(iii) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
shall not apply to funds made available under this heading.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $6,165,330,000 shall be used to
supplement, not supplant State general revenue funds for child
care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements: Provided
further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the
CCDBG Act: Provided further, That in addition to the amounts
required to be reserved by the Secretary under section
658O(a)(2)(A) of such Act, $184,960,000 shall be for Indian
tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-A
of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of title
IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the
Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); and for necessary administrative expenses to
carry out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the
Social Security Act, the Act of July 5, 1960, the Low-Income
Home Energy Assistance Act of 1981, and the Child Care and
Development Block Grant Act of 1990, $13,438,343,000, of which
$75,000,000, to remain available through September 30, 2023,
shall be for grants to States for adoption and legal
guardianship incentive payments, as defined by section 473A of
the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2022: Provided,
That $11,036,820,000 shall be for making payments under the
Head Start Act, including for Early Head Start-Child Care
Partnerships, and, of which, notwithstanding section 640 of
such Act:
(1) $234,000,000 shall be available for a cost of
living adjustment, and with respect to any continuing
appropriations act, funding available for a cost of
living adjustment shall not be construed as an
authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by
the Secretary to supplement activities described in
paragraphs (7)(B) and (9) of section 641(c) of the Head
Start Act under the Designation Renewal System,
established under the authority of sections 641(c)(7),
645A(b)(12), and 645A(d) of such Act, and such funds
shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act;
(3) $52,000,000 shall be available for quality
improvement consistent with section 640(a)(5) of such
Act except that any amount of the funds may be used on
any of the activities in such section, of which not
less than $2,600,000 shall be available to migrant and
seasonal Head Start programs for such activities, in
addition to funds made available for migrant and
seasonal Head Start programs under any other provision
of section 640(a) of such Act;
(4) $6,000,000 shall be available for the Tribal
Colleges and Universities Head Start Partnership
Program consistent with section 648(g) of such Act; and
(5) $21,000,000 shall be available to supplement
funding otherwise available for research, evaluation,
and Federal administrative costs:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act in
lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $290,000,000 shall be available until
December 31, 2022 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further, That
$787,383,000 shall be for making payments under the CSBG Act:
Provided further, That for services furnished under the CSBG
Act with funds made available for such purpose in this fiscal
year and in fiscal year 2021, States may apply the last
sentence of section 673(2) of the CSBG Act by substituting
``200 percent'' for ``125 percent'': Provided further, That
$32,383,000 shall be for section 680 of the CSBG Act, of which
not less than $21,383,000 shall be for section 680(a)(2) and
not less than $11,000,000 shall be for section 680(a)(3)(B) of
such Act: Provided further, That, notwithstanding section
675C(a)(3) of the CSBG Act, to the extent Community Services
Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under such Act, and have not
been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure
by such entity consistent with program purposes: Provided
further, That the Secretary shall establish procedures
regarding the disposition of intangible assets and program
income that permit such assets acquired with, and program
income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and
other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated
for section 680(a)(2) of the CSBG Act shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $200,000,000
shall be for carrying out section 303(a) of the Family Violence
Prevention and Services Act, of which $7,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for
carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child
Abuse Prevention and Treatment Act shall not apply to funds
appropriated under this heading: Provided further, That
$1,864,000 shall be for a human services case management system
for federally declared disasters, to include a comprehensive
national case management contract and Federal costs of
administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness: Provided further, That $26,992,000 shall be
used for the projects, and in the amounts, specified in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act,
$82,515,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent with
subsections (b) through (d) of such section: Provided further,
That of the funds available to carry out section 437, to assist
in meeting the requirements described in section 471(e)(4)(C),
$20,000,000 shall be for grants to each State, territory, and
Indian tribe operating title IV-E plans for developing,
enhancing, or evaluating kinship navigator programs, as
described in section 427(a)(1) of such Act and $2,750,000, in
addition to funds otherwise appropriated in section 476 for
such purposes, shall be for the Family First Clearinghouse and
to support evaluation and technical assistance relating to the
evaluation of child and family services: Provided further,
That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3
percent'', and notwithstanding section 436(b)(1), such reserved
amounts may be used for identifying, establishing, and
disseminating practices to meet the criteria specified in
section 471(e)(4)(C): Provided further, That the reservation
in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso:
Provided further, That the minimum grant award for kinship
navigator programs in the case of States and territories shall
be $200,000, and, in the case of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, $6,963,000,000.
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, for the first quarter of fiscal year
2023, $3,200,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of the
Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act, sections
1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B
of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with
respect to such titles) of the Rehabilitation Act of 1973, and
for Department-wide coordination of policy and program
activities that assist individuals with disabilities,
$2,264,927,000, together with $53,115,000 to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990:
Provided, That amounts appropriated under this heading may be
used for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and activities
which have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That of
amounts made available under this heading to carry out sections
311, 331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in
accordance with such section: Provided further, That
$2,000,000 shall be for competitive grants to support
alternative financing programs that provide for the purchase of
assistive technology devices, such as a low-interest loan fund;
an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and control:
Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete:
Provided further, That none of the funds made available under
this heading may be used by an eligible system (as defined in
section 102 of the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority by
the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which informs
such individuals (or such legal guardians) of their legal
rights and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent to
consent nor has a legal guardian, nor shall the proviso apply
in the case of individuals who are a ward of the State or
subject to public guardianship: Provided further, That of the
amount made available under this heading, $13,871,000 shall be
used for the projects, and in the amounts, specified in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and
section 229 of the PHS Act, the United States-Mexico Border
Health Commission Act, and research studies under section 1110
of the Social Security Act, $506,294,000, together with
$64,828,000 from the amounts available under section 241 of the
PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount,
$56,900,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available
under this heading, $101,000,000 shall be for making
competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not more than 10 percent of the available funds shall be
for training and technical assistance, evaluation, outreach,
and additional program support activities, and of the remaining
amount 75 percent shall be for replicating programs that have
been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for
making competitive grants which exclusively implement education
in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That
funding for such competitive grants for sexual risk avoidance
shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental,
or health organizations; implement an evidence-based approach
integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the
intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion,
dating violence, and other youth risk behaviors such as
underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10
percent of the funding for such competitive grants for sexual
risk avoidance shall be available for technical assistance and
administrative costs of such programs: Provided further, That
funds provided in this Act for embryo adoption activities may
be used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with
42 CFR 59.5(a)(4): Provided further, That of the funds made
available under this heading, $5,000,000 shall be for carrying
out prize competitions sponsored by the Office of the Secretary
to accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $196,000,000 shall remain
available until September 30, 2023, to be transferred in
appropriate part from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health information
technology, $64,238,000 shall be from amounts made available
under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $82,400,000: Provided, That of such
amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228: Provided further, That of
the amount appropriated under this heading, necessary sums
shall be available for carrying out activities authorized under
section 3022 of the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, and for medical care of dependents
and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,274,678,000, of
which $745,005,000 shall remain available through September 30,
2023, for expenses necessary to support advanced research and
development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under
this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds
available for such purpose: Provided further, That products
purchased with funds provided under this heading may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2024.
For expenses necessary for procuring security countermeasures
(as defined in section 319F-2(c)(1)(B) of the PHS Act),
$780,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the
PHS Act, $845,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $300,000,000; of which
$265,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance
tools: Provided, That notwithstanding section 496(b) of the
PHS Act, funds may be used for the construction or renovation
of privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds
such construction or renovation necessary to secure sufficient
supplies of such vaccines or biologics.
advanced research projects agency for health
(including transfer of funds)
For carrying out section 301 and title IV of the PHS Act with
respect to advanced research projects for health,
$1,000,000,000, to remain available through September 30, 2024:
Provided, That the President shall appoint in the Department
of Health and Human Services a director of advanced research
projects for health (Director): Provided further, That funds
may be used to make or rescind appointments of scientific,
medical, and professional personnel without regard to any
provision in title 5 governing appointments under the civil
service laws: Provided further, That funds may be used to fix
the compensation of such personnel at a rate to be determined
by the Director, up to the amount of annual compensation
(excluding expenses) specified in section 102 of title 3,
United States Code: Provided further, That the Director may
use funds made available under this heading to make awards in
the form of grants, contracts, cooperative agreements, and cash
prizes, and enter into other transactions (as defined in
section 319L(a)(3) of the PHS Act): Provided further, That
activities supported with funds provided under this heading
shall not be subject to the requirements of sections
406(a)(3)(A)(ii) or 492 of the PHS Act: Provided further, That
the Secretary may transfer the Advanced Research Projects
Agency for Health, including the functions, personnel,
missions, activities, authorities, and funds, within 30 days of
enactment of this Act to any agency or office of the Department
of Health and Human Services, including the National Institutes
of Health: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
shall be notified at least 15 days in advance of any transfer
pursuant to the preceding proviso.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive
Level II: Provided, That none of the funds appropriated in
this title shall be used to prevent the NIH from paying up to
100 percent of the salary of an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps
and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That the transfer
authority granted by this section shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2022 under section 338B of such
Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. None of the funds appropriated in this Act may be
made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay
for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health activities
abroad during fiscal year 2022:
(1) The Secretary may exercise authority equivalent
to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956. The Secretary shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds
by advance or reimbursement to the Secretary of State
as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of
facilities outside of the United States for the use of
HHS. The Department of State shall cooperate fully with
the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable
regulation governing location, setback, and other
facilities requirements and serve the purposes
established by this Act. The Secretary is authorized,
in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to
public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries
as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to
personnel appointed or assigned by the Secretary to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the
Secretary. The Secretary is further authorized to
provide locality-based comparability payments (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304
of title 5, United States Code if such personnel's
official duty station were in the District of Columbia.
Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision
of law, the Director of NIH (``Director'') may use funds
authorized under section 402(b)(12) of the PHS Act to enter
into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make
NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts
under sections 736, 739, or 747 of the PHS Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or
for the first fiscal year in which the contract
is in effect; and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year
contract will serve the best interests of the Federal
Government by encouraging full and open competition or
promoting economy in administration, performance, and
operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described
by subsection (c) of section 3903 of title 41, United
States Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year
2023 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by that
Act, in the proposed fiscal year and each fiscal year since the
enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such
Act under which such funds were appropriated, a
statement indicating the program, project, or activity
receiving such funds, the Federal operating division or
office that administers such program, and the amount of
funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-
time equivalent employees or contracted employees
assigned to each authorized and funded provision
detailed in accordance with paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in
laws other than the ACA and work on programs that
existed prior to the passage of the ACA;
(2) spend less than 50 percent of their time on
activities funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price
contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal
year 2023 budget of the President submitted under section
1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare
& Medicaid Services specifically for Health Insurance Exchanges
for each fiscal year since the enactment of the ACA and the
proposed uses for such funds for fiscal year 2023. Such
information shall include, for each such fiscal year, the
amount of funds used for each activity specified under the
heading ``Health Insurance Exchange Transparency'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred from
other accounts funded by this Act to the ``Centers for Medicare
& Medicaid Services--Program Management'' account, may be used
for payments under section 1342(b)(1) of Public Law 111-148
(relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ``Prevention
and Public Health Fund'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on November
1, 2015 and ending January 1, 2024, any provision of law that
refers (including through cross-reference to another provision
of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer
screening, mammography, and prevention shall be administered by
the Secretary involved as if--
(1) such reference to such current recommendations
were a reference to the recommendations of such Task
Force with respect to breast cancer screening,
mammography, and prevention last issued before 2009;
and
(2) such recommendations last issued before 2009
applied to any screening mammography modality under
section 1861(jj) of the Social Security Act (42 U.S.C.
1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to
apply to the National Institutes of Health to the same extent
and in the same manner as such provisions were applied in the
third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made available
to the Department of Health and Human Services or to any
department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect
of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction,
pain management, and addiction treatment to other Institutes
and Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations of the House
of Representatives and the Senate: Provided, That the transfer
authority provided in the previous proviso is in addition to
any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and
Affordable Care Act of 2010 pertaining to enrollments
during the open enrollment period; and
(2) Notification of any new or competitive grant
awards, including supplements, authorized under section
330 of the Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any
public release of enrollment information or the award of such
grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $355,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to
support any provision of Public Law 111-148 or Public Law 111-
152 (or any amendment made by either such Public Law) or to
supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Department of
Health and Human Services shall also be available to pay travel
and related expenses of such an employee or of a member of his
or her family, when such employee is assigned to duty, in the
United States or in a U.S. territory, during a period and in a
location that are the subject of a determination of a public
health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an
illness, injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, or the Trust Territory of the
Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of Refugee
Resettlement of the Administration for Children and Families,
including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys,
clothing, and any other items intended to promote the wellbeing
of such children.
Sec. 231. None of the funds made available in this Act under
the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the
operations of any such facility that remains in
operation for more than six consecutive months shall
require compliance with--
(A) the same requirements as licensed
placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth
Care Worker for every eight (8) children or
youth during waking hours, one (1) on-duty
Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and
clinician ratios to children (including mental
health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph
(1) if the Secretary certifies and provides a report to
Congress on the contractor's or grantee's good-faith
efforts and progress towards compliance;
(3) not more than four consecutive waivers under
paragraph (2) may be granted to a contractor or grantee
with respect to a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies
and Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for
more than three consecutive months, ORR shall conduct a
minimum of one comprehensive monitoring visit during
the first three months of operation, with quarterly
monitoring visits thereafter; and
(6) not later than 60 days after the date of
enactment of this Act, ORR shall brief the Committees
on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in
paragraph (1)(A) that the Secretary has determined are
not applicable to non-State licensed facilities.
Sec. 232. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely outcome
is that unaccompanied alien children will remain in the custody
of the Department of Homeland Security for longer than 72 hours
or that unaccompanied alien children will be otherwise placed
in danger. Within 60 days of bringing such a facility online,
and monthly thereafter, the Secretary shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report detailing the total number of children
in care at the facility, the average length of stay and average
length of care of children at the facility, and, for any child
that has been at the facility for more than 60 days, their
length of stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the operations
(including child welfare and child safety operations) of such
facility.
Sec. 234. Not later than 14 days after the date of enactment
of this Act, and monthly thereafter, the Secretary shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate, and make publicly available
online, a report with respect to children who were separated
from their parents or legal guardians by the Department of
Homeland Security (DHS) (regardless of whether or not such
separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as
unaccompanied alien children, and transferred to the care and
custody of ORR during the previous month. Each report shall
contain the following information:
(1) the number and ages of children so separated
subsequent to apprehension at or between ports of
entry, to be reported by sector where separation
occurred; and
(2) the documented cause of separation, as reported
by DHS when each child was referred.
Sec. 235. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Centers for
Disease Control and Prevention shall also be available for the
primary and secondary schooling of eligible dependents of
personnel stationed in a U.S. territory as defined in section
229 of this Act at costs not in excess of those paid for or
reimbursed by the Department of Defense.
(rescission)
Sec. 236. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of
Public Law 110-161, $650,000,000 are hereby rescinded not later
than September 30, 2022.
Sec. 237. The unobligated balances of amounts appropriated
or transferred to the Centers for Disease Control and
Prevention under the heading ``Buildings and Facilities'' in
title II of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141) for a biosafety level 4 laboratory
shall also be available for the acquisition of real property,
equipment, construction, demolition, renovation of facilities,
and installation expenses, including moving expenses, related
to such laboratory: Provided, That not later than September
30, 2022, the remaining unobligated balances of such funds are
hereby rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the same
purposes as such unobligated balances, in addition to any other
amounts available for such purposes.
Sec. 238. The Secretary of Health and Human Services may
waive penalties and administrative requirements in title XXVI
of the Public Health Service Act for awards under such title
from amounts provided under the heading ``Department of Health
and Human Services--Health Resources and Services
Administration'' in this or any other appropriations Act for
this fiscal year, including amounts made available to such
heading by transfer.
Sec. 239. The Director of the National Institutes of Health
shall hereafter require institutions that receive funds through
a grant or cooperative agreement during fiscal year 2022 and in
future years to notify the Director when individuals identified
as a principal investigator or as key personnel in an NIH
notice of award are removed from their position or are
otherwise disciplined due to concerns about harassment,
bullying, retaliation, or hostile working conditions. The
Director may issue regulations consistent with this section.
Sec. 240. The CDC Undergraduate Public Health Scholars
Program is hereby renamed as the John R. Lewis CDC
Undergraduate Public Health Scholars Program.
Sec. 241. The Center for Alzheimer's Disease and Related
Dementias Building (Building T-44) at the National Institutes
of Health is hereby renamed as the Roy Blunt Center for
Alzheimer's Disease and Related Dementias Research Building.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2022''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ``ESEA'') and section 418A of the Higher
Education Act of 1965 (referred to in this Act as ``HEA''),
$18,229,790,000, of which $7,306,490,000 shall become available
on July 1, 2022, and shall remain available through September
30, 2023, and of which $10,841,177,000 shall become available
on October 1, 2022, and shall remain available through
September 30, 2023, for academic year 2022-2023: Provided,
That $6,459,401,000 shall be for basic grants under section
1124 of the ESEA: Provided further, That up to $5,000,000 of
these funds shall be available to the Secretary of Education
(referred to in this title as ``Secretary'') on October 1,
2021, to obtain annually updated local educational agency-level
census poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration grants
under section 1124A of the ESEA: Provided further, That
$4,857,550,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $4,857,550,000 shall be
for education finance incentive grants under section 1125A of
the ESEA: Provided further, That $221,000,000 shall be for
carrying out subpart 2 of part B of title II: Provided
further, That $48,123,000 shall be for carrying out section
418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the ESEA,
$1,557,112,000, of which $1,409,242,000 shall be for basic
support payments under section 7003(b), $48,316,000 shall be
for payments for children with disabilities under section
7003(d), $17,406,000 shall be for construction under section
7007(a), $77,313,000 shall be for Federal property payments
under section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section
7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section
7003(a) for school year 2021-2022, children enrolled in a
school of such agency that would otherwise be eligible for
payment under section 7003(a)(1)(B) of such Act, but due to the
deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on
active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible
students under such section, provided such students remain in
average daily attendance at a school in the same local
educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of
title IV, part B of title IV, part B of title V, and parts B
and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,595,835,000, of which $3,757,312,000 shall become available
on July 1, 2022, and remain available through September 30,
2023, and of which $1,681,441,000 shall become available on
October 1, 2022, and shall remain available through September
30, 2023, for academic year 2022-2023: Provided, That
$390,000,000 shall be for part B of title I: Provided further,
That $1,289,673,000 shall be for part B of title IV: Provided
further, That $38,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and
modernization of any public elementary school, secondary
school, or structure related to a public elementary school or
secondary school that serves a predominantly Native Hawaiian
student body, and that the 5 percent limitation in section
6205(b) of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $37,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be
used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $54,000,000 shall be available to carry
out section 203 of the Educational Technical Assistance Act of
2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of Indian
Education has access to services provided under this section:
Provided further, That $19,657,000 shall be available to carry
out the Supplemental Education Grants program for the Federated
States of Micronesia and the Republic of the Marshall Islands:
Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these
grants: Provided further, That $195,000,000 shall be for part
B of title V: Provided further, That $1,280,000,000 shall be
available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA, $189,246,000,
of which $70,000,000 shall be for subpart 2 of part A of title
VI and $9,365,000 shall be for subpart 3 of part A of title VI:
Provided, That the 5 percent limitation in sections 6115(d),
6121(e), and 6133(g) of the ESEA on the use of funds for
administrative purposes shall apply only to direct
administrative costs: Provided further, That grants awarded
under sections 6132 and 6133 of the ESEA with funds provided
under this heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4
of part B of title II, and parts C, D, and E and subparts 1 and
4 of part F of title IV of the ESEA, $1,160,250,000: Provided,
That $265,750,000 shall be for subparts 1, 3 and 4 of part B of
title II and shall be made available without regard to sections
2201, 2231(b) and 2241: Provided further, That $660,500,000
shall be for parts C, D, and E and subpart 4 of part F of title
IV, and shall be made available without regard to sections
4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available
for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use
$60,000,000 to carry out section 4304, of which not more than
$10,000,000 shall be available to carry out section 4304(k),
$140,000,000, to remain available through March 31, 2023, to
carry out section 4305(b), and not more than $15,000,000 to
carry out the activities in section 4305(a)(3): Provided
further, That notwithstanding section 4601(b), $234,000,000
shall be available through December 31, 2022 for subpart 1 of
part F of title IV: Provided further, That of the funds
available for subpart 4 of part F of title IV, $6,000,000 shall
be for an award to a national nonprofit organization selected
in the 2018 arts in education national program competition for
activities authorized under section 4642(a)(1)(C), including
costs incurred prior to the award date, and not less than
$8,000,000 shall be used to carry out a separate competition
for eligible national nonprofit organizations, as described in
the Applications for New Awards; Assistance for Arts Education
Program--Arts in Education National Program published in the
Federal Register on May 7, 2018, for activities described under
section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of
part F of title IV of the ESEA, $361,000,000, to remain
available through December 31, 2022: Provided, That
$201,000,000 shall be available for section 4631, of which up
to $5,000,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence (Project
SERV) program: Provided further, That $75,000,000 shall be
available for section 4625: Provided further, That $85,000,000
shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$831,400,000, which shall become available on July 1, 2022, and
shall remain available through September 30, 2023, except that
6.5 percent of such amount shall be available on October 1,
2021, and shall remain available through September 30, 2023, to
carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment Act
of 2004, $14,519,119,000, of which $4,966,176,000 shall become
available on July 1, 2022, and shall remain available through
September 30, 2023, and of which $9,283,383,000 shall become
available on October 1, 2022, and shall remain available
through September 30, 2023, for academic year 2022-2023:
Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that
activity during fiscal year 2021, increased by the amount of
inflation as specified in section 619(d)(2)(B) of the IDEA, or
the percent change in the funds appropriated under section
611(i) of the IDEA, but not less than the amount for that
activity during fiscal year 2021: Provided further, That the
Secretary shall, without regard to section 611(d) of the IDEA,
distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by
which a State's allocation under section 611, from funds
appropriated under this heading, is reduced under section
612(a)(18)(B), according to the following: 85 percent on the
basis of the States' relative populations of children aged 3
through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a
free appropriate public education under this part, and 15
percent to States on the basis of the States' relative
populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any
funds under the previous proviso to any State whose reduction
in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further,
That the States shall allocate such funds distributed under the
second proviso to local educational agencies in accordance with
section 611(f): Provided further, That the amount by which a
State's allocation under section 611(d) of the IDEA is reduced
under section 612(a)(18)(B) and the amounts distributed to
States under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed 5, until the entire
reduction is applied: Provided further, That the Secretary
may, in any fiscal year in which a State's allocation under
section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under
section 611(e)(1) by an amount that bears the same relation to
the maximum amount described in that paragraph as the reduction
under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section
611(d) in the absence of the reduction: Provided further, That
the Secretary shall either reduce the allocation of funds under
section 611 for any fiscal year following the fiscal year for
which the State fails to comply with the requirement of section
612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek
to recover funds under section 452 of the General Education
Provisions Act (20 U.S.C. 1234a): Provided further, That the
funds reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the
States to meet the data collection requirements of sections 616
and 618 and to administer and carry out other services and
activities to improve data collection, coordination, quality,
and use under parts B and C of the IDEA: Provided further,
That the Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1 of
IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for other
State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies,
institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities
authorized by those sections: Provided further, That,
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer
States apply for grants pursuant to section 643(e) of such Act,
the Secretary shall provide a grant to each State in an amount
equal to the maximum amount described in section 643(e)(2)(B)
of such Act: Provided further, That if more than 5 States
apply for grants pursuant to section 643(e) of the IDEA, the
Secretary shall award funds to those States on the basis of the
States' relative populations of infants and toddlers except
that no such State shall receive a grant in excess of the
amount described in section 643(e)(2)(B) of such Act: Provided
further, That States may use funds allotted under section
643(c) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by section 638 of IDEA: Provided
further, That, notwithstanding section 638 of the IDEA, a State
may use funds it receives under section 633 of the IDEA to
offer continued early intervention services to a child who
previously received services under part C of the IDEA from age
3 until the beginning of the school year following the child's
third birthday with parental consent and without regard to the
procedures in section 635(c) of the IDEA.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,862,645,000, of which $3,719,121,000 shall be for
grants for vocational rehabilitation services under title I of
the Rehabilitation Act: Provided, That the Secretary may use
amounts provided in this Act that remain available subsequent
to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities
aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other
individuals with disabilities: Provided further, That up to 15
percent of the amounts available for innovative activities
described in the preceding proviso from funds provided under
this paragraph in this Act and title III of the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2021 (division H of Public Law
116-260), may be used for evaluation and technical assistance
related to such activities: Provided further, That States may
award subgrants for a portion of the funds to other public and
private, nonprofit entities: Provided further, That any funds
provided in this Act and made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2023: Provided further, That of
the amounts made available under this heading, $2,325,000 shall
be used for the projects, and in the amounts, specified in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section
302 of this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $40,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$88,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $146,361,000: Provided, That from the
total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $2,091,436,000, of which $1,300,436,000 shall
become available on July 1, 2022, and shall remain available
through September 30, 2023, and of which $791,000,000 shall
become available on October 1, 2022, and shall remain available
through September 30, 2023: Provided, That of the amounts made
available for AEFLA, $13,712,000 shall be for national
leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C
of title IV of the HEA, $24,580,352,000 which shall remain
available through September 30, 2023.
The maximum Pell Grant for which a student shall be eligible
during award year 2022-2023 shall be $5,835.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A of
title VII of the Public Health Service Act, $2,033,943,000, to
remain available through September 30, 2023: Provided, That
the Secretary shall allocate new student loan borrower accounts
to eligible student loan servicers on the basis of their past
performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of
each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to
October 1, 2017, the Secretary shall allow student loan
borrowers who are consolidating Federal student loans to select
from any student loan servicer to service their new
consolidated student loan: Provided further, That in order to
promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student
Aid (FSA) Next Generation Processing and Servicing Environment,
unless such an environment provides for the participation of
multiple student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student
loan servicers based on performance: Provided further, That
the Department shall re-allocate accounts from servicers for
recurring non-compliance with FSA guidelines, contractual
requirements, and applicable laws, including for failure to
sufficiently inform borrowers of available repayment options:
Provided further, That such servicers shall be evaluated based
on their ability to meet contract requirements (including an
understanding of Federal and State law), future performance on
the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the
extent FSA permits student loan servicing subcontracting, FSA
shall hold prime contractors accountable for meeting the
requirements of the contract, and the performance and
expectations of subcontractors shall be accounted for in the
prime contract and in the overall performance of the prime
contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any
new Federal loan servicing environment, incentivize more
support to borrowers at risk of delinquency or default:
Provided further, That FSA shall ensure that in such
environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held
accountable for and have a history of compliance with
applicable consumer protection laws; and have relevant
experience and demonstrated effectiveness: Provided further,
That the Secretary shall provide quarterly briefings to the
Committees on Appropriations and Education and Labor of the
House of Representatives and the Committees on Appropriations
and Health, Education, Labor, and Pensions of the Senate on
general progress related to solicitations for Federal student
loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of
aggregate data on student loan and servicer performance:
Provided further, That not later than 60 days after enactment
of this Act, FSA shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed spend plan of anticipated uses of funds made available
in this account for fiscal year 2022 and provide quarterly
updates on this plan (including contracts awarded, change
orders, bonuses paid to staff, reorganization costs, and any
other activity carried out using amounts provided under this
heading for fiscal year 2022): Provided further, That the FSA
Next Generation Processing and Servicing Environment, or any
new Federal student loan servicing environment, shall include
accountability measures that account for the performance of the
portfolio and contractor compliance with FSA guidelines.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section 117
of the Perkins Act, $2,994,111,000, of which $76,000,000 shall
remain available through December 31, 2022: Provided, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart
2 of part A of title IV of the HEA may be used for evaluation:
Provided further, That section 313(d) of the HEA shall not
apply to an institution of higher education that is eligible to
receive funding under section 318 of the HEA: Provided
further, That amounts made available for carrying out section
419N of the HEA may be awarded notwithstanding the limitations
in section 419N(b)(2) of the HEA: Provided further, That of
the amounts made available under this heading, $249,400,000
shall be used for the projects, and in the amounts, specified
in the table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section
302 of this Act.
Howard University
For partial support of Howard University, $344,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2023: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $274,149,000: Provided further, That these funds
may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the
limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education
Sciences as authorized by section 208 of the Department of
Education Organization Act and carrying out activities
authorized by the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $737,021,000, which shall remain
available through September 30, 2023: Provided, That funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used to link Statewide elementary and
secondary data systems with early childhood, postsecondary, and
workforce data systems, or to further develop such systems:
Provided further, That up to $6,000,000 of the funds available
to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and
national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $394,907,000, of which up to
$7,000,000, to remain available until expended, shall be
available for relocation expenses, and for the renovation and
repair of leased buildings: Provided, That, notwithstanding
any other provision of law, none of the funds provided by this
Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or expenditure
in the current fiscal year may be used for any activity
relating to implementing a reorganization that decentralizes,
reduces the staffing level, or alters the responsibilities,
structure, authority, or functionality of the Budget Service of
the Department of Education, relative to the organization and
operation of the Budget Service as in effect on January 1,
2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $135,500,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $64,000,000, of which $2,000,000 shall remain
available until expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of
Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2022, through September 30, 2023.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2022 may use the
income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V
of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
shall be applied by substituting ``2022'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a))
shall be applied by substituting ``2022'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans under
part E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the unobligated balances available under the
heading ``Student Financial Assistance'' for carrying out
subpart 1 of part A of title IV of the HEA, $1,050,000,000 are
hereby rescinded.
(rescission)
Sec. 309. Of the amounts appropriated under section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2022,
$85,000,000 are hereby rescinded.
Sec. 310. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct outreach
to borrowers of loans made under part D of title IV of the
Higher Education Act of 1965 who may intend to qualify for loan
cancellation under section 455(m) of such Act (20 U.S.C.
1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist
borrowers who would qualify for loan cancellation under section
455(m) of such Act except that the borrower has made some, or
all, of the 120 required payments under a repayment plan that
is not described under section 455(m)(A) of such Act, to
encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section
455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information
such as outbound calls, electronic communications, ensuring
prominent access to program requirements and benefits on each
servicer's website, and creating an option for all borrowers to
complete the entire payment certification process
electronically and on a centralized website.
Sec. 311. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$25,000,000, to remain available until expended, shall be for
the cost, as defined under section 502 of the Congressional
Budget Act of 1974, of the Secretary of Education providing
loan cancellation in the same manner as under section 455(m) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for
borrowers of loans made under part D of title IV of such Act
who would qualify for loan cancellation under section 455(m)
except some, or all, of the 120 required payments under section
455(m)(1)(A) do not qualify for purposes of the program because
they were monthly payments made in accordance with graduated or
extended repayment plans as described under subparagraph (B) or
(C) of section 455(d)(1) or the corresponding repayment plan
for a consolidation loan made under section 455(g) and that
were less than the amount calculated under section
455(d)(1)(A), based on a 10-year repayment period: Provided,
That the monthly payment made 12 months before the borrower
applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or
income-contingent repayment plans, with exception for a
borrower who would have otherwise been eligible under this
section but demonstrates an unusual fluctuation of income over
the past 5 years: Provided further, That the total loan
volume, including outstanding principal, fees, capitalized
interest, or accrued interest, at application that is eligible
for such loan cancellation by such borrowers shall not exceed
$75,000,000: Provided further, That the Secretary shall
develop and make available a simple method for borrowers to
apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the Secretary
shall provide loan cancellation under this section to eligible
borrowers on a first-come, first-serve basis, based on the date
of application and subject to both the limitation on total loan
volume at application for such loan cancellation specified in
the second proviso and the availability of appropriations under
this section: Provided further, That no borrower may, for the
same service, receive a reduction of loan obligations under
both this section and section 428J, 428K, 428L, or 460 of such
Act.
Sec. 312. The Secretary may reserve not more than 0.5
percent from any amount made available in this Act for an HEA
program, except for any amounts made available for subpart 1 of
part A of title IV of the HEA, to carry out rigorous and
independent evaluations and to collect and analyze outcome data
for any program authorized by the HEA: Provided, That no funds
made available in this Act for the ``Student Aid
Administration'' account shall be subject to the reservation
under this section: Provided further, That any funds reserved
under this section shall be available through September 30,
2024: Provided further, That if, under any other provision of
law, funds are authorized to be reserved or used for evaluation
activities with respect to a program or project, the Secretary
may also reserve funds for such program or project for the
purposes described in this section so long as the total
reservation of funds for such program or project does not
exceed any statutory limits on such reservations: Provided
further, That not later than 30 days prior to the initial
obligation of funds reserved under this section, the Secretary
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Health,
Education, Labor and Pensions of the Senate, and the Committee
on Education and Labor of the House of Representatives a plan
that identifies the source and amount of funds reserved under
this section, the impact on program grantees if funds are
withheld for the purposes of this section, and the activities
to be carried out with such funds.
Sec. 313. In addition to amounts otherwise appropriated by
this Act under the heading ``Innovation and Improvement'' for
purposes authorized by the Elementary and Secondary Education
Act of 1965, there are hereby appropriated an additional
$140,480,000 which shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That none of the funds made available for such
projects shall be subject to section 302 of this Act.
Sec. 314. (a) In General.--For the purpose of carrying out
section 435(a)(2) of the HEA (20 U.S.C. 1085(a)(2)) or 34 CFR
668.206(a)(1), the Secretary of Education may waive the
requirements under sections 435(a)(5)(A)(i) and
435(a)(5)(A)(ii) of the HEA (20 U.S.C. 1085(a)(5)(A)(i) and 20
U.S.C. 1085(a)(5)(A)(ii)) or 34 CFR 668.213(b)(1) for an
institution of higher education that offers an associate
degree, is a public institution, and is located in an
economically distressed county, defined as a county with a
poverty rate of at least 25 percent based on the U.S. Census
Bureau's Small Area Income and Poverty Estimate program data
for 2017 that was impacted by Hurricane Matthew.
(b) Applicability.--Subsection (a) shall apply to an
institution of higher education that otherwise would be
ineligible to participate in a program under part D of title IV
of the Higher Education Act of 1965 on or after the date of
enactment of this Act due to the application of section
435(a)(2) of the HEA (20 U.S.C. 1085(a)(2)) or 34 CFR
668.206(a)(1).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
(rescission)
Sec. 315. Any remaining unobligated balances from amounts
made available in the second and third paragraphs under the
heading ``Historically Black College and University Capital
Financing Program Account'' in title III of division H of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) are
hereby permanently rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2022''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ``the Committee'') established under section 8502 of
title 41, United States Code, $11,000,000: Provided, That in
order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform requirements of the Committee as prescribed under
section 51-3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such
central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41,
United States Code: Provided further, That such agreement
shall include the elements listed under the heading ``Committee
For Purchase From People Who Are Blind or Severely Disabled--
Written Agreement Elements'' in the explanatory statement
described in section 4 of Public Law 114-113 (in the matter
preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge
a fee under section 51-3.5 of title 41, Code of Federal
Regulations, prior to executing a written agreement with the
Committee: Provided further, That no less than $2,650,000
shall be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973 (referred
to in this title as ``1973 Act'') and the National and
Community Service Act of 1990 (referred to in this title as
``1990 Act''), $865,409,000 , notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990
Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be used
to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $19,094,000 shall be
available to provide assistance to State commissions on
national and community service, under section 126(a) of the
1990 Act and notwithstanding section 501(a)(5)(B) of the 1990
Act; (3) $34,505,000 shall be available to carry out subtitle E
of the 1990 Act; and (4) $6,558,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act,
which, notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further, That
for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a
determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $190,550,000, to remain
available until expended: Provided, That CNCS may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without
regard to the requirement to apportion funds under 31 U.S.C.
1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $88,082,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public
notice and comment rulemaking. For fiscal year 2022, during any
grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person
other than an officer or employee of CNCS that is authorized by
CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or E
of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals
who are veterans as defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such
section shall be considered ``qualified entities''
under section 3 of the National Child Protection Act of
1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community
Service established pursuant to section 178 of the 1990
Act, are authorized to receive criminal history record
information, consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education
award having a value of 70 percent of the value of a national
service education award determined under section 147(a) of the
Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be
applied by substituting ``an approved national service
position'' for ``a national service program that receives
grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2024, $525,000,000: Provided,
That none of the funds made available to CPB by this Act shall
be used to pay for receptions, parties, or similar forms of
entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this
Act shall be available or used to aid or support any program or
activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That none of the funds made available to CPB by this Act shall
be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel
action with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure and
efficiencies within the public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$50,058,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall
be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for
arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,539,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996
and the National Museum of African American History and Culture
Act, $268,000,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $9,043,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $13,292,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,500,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $274,224,000: Provided,
That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5,
1935, and as amended by the Labor-Management Relations Act,
1947, and as defined in section 3(f) of the Act of June 25,
1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit
basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.
administrative provision
Sec. 408. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations
Board may be used to issue any new administrative directive or
regulation that would provide employees any means of voting
through any electronic means in an election to determine a
representative for the purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $14,729,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,622,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized
under section 15(d) of the Railroad Retirement Act of 1974,
$11,000,000, which shall include amounts becoming available in
fiscal year 2022 pursuant to section 224(c)(1)(B) of Public Law
98-76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to
the amount by which the product of recipients and the average
benefit received exceeds the amount available for payment of
vested dual benefits: Provided, That the total amount provided
herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2023, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $124,000,000, to
be derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund: Provided,
That notwithstanding section 7(b)(9) of the Railroad Retirement
Act this limitation may be used to hire attorneys only through
the excepted service: Provided further, That the previous
proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act,
this limitation may be used to hire students attending
qualifying educational institutions or individuals who have
recently completed qualifying educational programs using
current excepted hiring authorities established by the Office
of Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$12,650,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social
Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $45,913,823,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $86,000,000
shall be available for research and demonstrations under
sections 1110, 1115, and 1144 of the Social Security Act, and
remain available through September 30, 2024.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2023,
$15,600,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for
official reception and representation expenses, not more than
$13,202,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,600,000 shall be for the Social Security
Advisory Board: Provided further, That $55,000,000 shall
remain available through September 30, 2023, for activities to
address the disability hearings backlog within the Office of
Hearings Operations: Provided further, That unobligated
balances of funds provided under this paragraph at the end of
fiscal year 2022 not needed for fiscal year 2022 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommunications
hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That the Commissioner of
Social Security shall notify the Committees on Appropriations
of the House of Representatives and the Senate prior to making
unobligated balances available under the authority in the
previous proviso: Provided further, That reimbursement to the
trust funds under this heading for expenditures for official
time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are
made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,708,000,000, to remain
available through March 31, 2023, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of
the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of section 4004(b)(1)(B)(i) and
section 4005(a)(2)(A) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
$1,435,000,000 is additional new budget authority specified for
purposes of section 4004(b)(1) and section 4005(a) of such
resolution: Provided further, That, of the additional new
budget authority described in the preceding proviso, up to
$12,100,000 may be transferred to the ``Office of Inspector
General'', Social Security Administration, for the cost of
jointly operated co-operative disability investigation units:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by law: Provided
further, That the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the
reports that were required by section 103(d)(2) of Public Law
104-121 for fiscal years 1996 through 2002.
In addition, $138,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal year
2022 exceed $138,000,000, the amounts shall be available in
fiscal year 2023 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $30,900,000, together with not to exceed $77,765,000, to
be transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund: Provided, That $2,000,000 shall remain
available until expended for information technology
modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111-
148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or any
State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State or
local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence the enactment of
legislation, appropriations, regulation, administrative action,
or Executive order proposed or pending before the Congress or
any State government, State legislature or local legislature or
legislative body, other than for normal and recognized
executive-legislative relationships or participation by an
agency or officer of a State, local or tribal government in
policymaking and administrative processes within the executive
branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or
future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal
consumer product, including its sale or marketing, including
but not limited to the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses'';
and the Chairman of the National Mediation Board is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly
state--
(1) the percentage of the total costs of the program
or project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that
includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape
or incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness,
including a life-endangering physical condition caused
by or arising from the pregnancy itself, that would, as
certified by a physician, place the woman in danger of
death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care
entity'' includes an individual physician or other
health care professional, a hospital, a provider-
sponsored organization, a health maintenance
organization, a health insurance plan, or any other
kind of health care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing
for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer
or a health care provider), until legislation is enacted
specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in 38
U.S.C. 4212(d) regarding submission of an annual report
to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2022, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2022, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction
in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee
involved.
(b) None of the funds made available in this Act may be used
to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program, project,
and activity level any funding allocations for fiscal year 2022
that are different than those specified in this Act, the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) or the fiscal
year 2022 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of contracts,
grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department
on a non-competitive basis during each quarter of fiscal year
2022, but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a
non-competitive basis. Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for
which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit
payments under title II of the Social Security Act, to process
any claim for credit for a quarter of coverage based on work
performed under a social security account number that is not
the claimant's number and the performance of such work under
such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the
Social Security Act.
Sec. 519. None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of
the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization arrangements
between the social security system established by title II of
the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such
agreement.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12 dated
May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be
considered independent agencies; and
(2) attendance at and support for scientific
conferences shall be tabulated separately from and not
included in agency totals.
Sec. 522. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at United States
taxpayer expense. The funds used by a Federal agency to carry
out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
Sec. 523. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to 10
Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law
113-76, except that in carrying out such Pilots section 526
shall be applied by substituting ``Fiscal Year 2022'' for
``Fiscal Year 2014'' in the title of subsection (b) and by
substituting ``September 30, 2026'' for ``September 30, 2018''
each place it appears: Provided, That such pilots shall
include communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public Law
114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524 of
division A of Public Law 116-94, and section 524 of division H
of Public Law 116-260.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such authorities.
Sec. 524. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal year
2022 the Departments of Labor, Health and Human Services and
Education and the Social Security Administration shall provide
the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 525. The Departments of Labor, Health and Human
Services, and Education shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
comprehensive list of any new or competitive grant award
notifications, including supplements, issued at the discretion
of such Departments not less than 3 full business days before
any entity selected to receive a grant award is announced by
the Department or its offices (other than emergency response
grants at any time of the year or for grant awards made during
the last 10 business days of the fiscal year, or if applicable,
of the program year).
Sec. 526. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of any
illegal drug: Provided, That such limitation does not apply to
the use of funds for elements of a program other than making
such purchases if the relevant State or local health
department, in consultation with the Centers for Disease
Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk
for, a significant increase in hepatitis infections or an HIV
outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
Sec. 527. Each department and related agency funded through
this Act shall provide answers to questions submitted for the
record by members of the Committee within 45 business days
after receipt.
Sec. 528. Of amounts deposited in the Child Enrollment
Contingency Fund under section 2104(n)(2) of the Social
Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act,
$12,679,000,000 shall not be available for obligation in this
fiscal year.
Sec. 529. (a) This section applies to: (1) the Administration
for Children and Families in the Department of Health and Human
Services; and (2) The Chief Evaluation Office and the
statistical-related cooperative and interagency agreements and
contracting activities of the Bureau of Labor Statistics in the
Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in
subsection (a) for research, evaluation, or statistical
purposes shall be available for obligation through September
30, 2026: Provided, That when an office referenced in
subsection (a) receives research and evaluation funding from
multiple appropriations, such offices may use a single Treasury
account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement may be deobligated and shall immediately become
available and may be reobligated in that fiscal year or the
subsequent fiscal year for the research, evaluation, or
statistical purposes for which such amounts are available.
Sec. 530. (a) An institution of higher education that
received funds under paragraph (2) of section 18004(a) of the
CARES Act (20 U.S.C. 3401 note; 134 Stat. 567), paragraph (2)
of section 314(a) of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (division M of Public Law
116-260; 134 Stat. 1932), or section 2003 of the American
Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 23) to the
extent such funds are allocated (in accordance with such
section) under paragraph (2) of section 314(a) of the
Coronavirus Response and Relief Supplemental Appropriations
Act, 2021 (134 Stat. 1932) may use such funds for the
acquisition of real property or construction directly related
to preventing, preparing for, and responding to coronavirus,
provided that such use meets all other applicable requirements
and limitations specified in such Acts appropriating such
funds.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2022''
[Clerk's note.--Reproduced below is the material relating
to division H 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 H2668 of
Book IV.
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DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
The explanatory statement accompanying this division is
approved and indicates Congressional intent. Unless otherwise
noted, the language set forth in House Report 117-96 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 providing the operating plan required by section 516 of
this Act, the departments and agencies funded in this Act are
directed to include all programs, projects, and activities,
including those in House Report 117--96 and this explanatory
statement accompanying this Act. All such programs, projects,
and activities are subject to the provisions of this Act.
In cases where House Report 117-96 or this explanatory
statement directs the submission of a report, that report is to
be submitted to the Committees on Appropriations of the House
of Representatives and the Senate. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House of Representatives Subcommittee on Labor, Health and
Human Services, Education, and Related Agencies and the Senate
Subcommittee on Labor, Health and Human Services, Education,
and Related Agencies.
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. Funds for
individual programs and activities are displayed in the
detailed table at the end of the explanatory statement
accompanying this Act. Funding levels that are not displayed in
the detailed table are identified within this explanatory
statement. Any action to eliminate or consolidate programs,
projects, and activities should be pursued through a proposal
in the President's Budget so it can be considered by the
Committees on Appropriations.
Congressional Reports.--Each department and agency is
directed to provide the Committees on Appropriations, within 30
days from the date of enactment of this Act and quarterly
thereafter, a summary describing each requested report to the
Committees on Appropriations along with its status.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration (ETA)
TRAINING AND EMPLOYMENT SERVICES
National Programs
Advanced Robotics Manufacturing.--The agreement encourages
the Department to appropriately address the need for workforce
training and certificate programs targeting collective robotics
and additive manufacturing, with an emphasis on programs that
re-skill incumbent manufacturing workers.
Occupational Licensing.--The agreement directs the
Department to provide a report, within 180 days of enactment of
this Act, on best practices learned and future resources needed
for continued implementation of the Department's occupational
licensing initiative.
Public Libraries.--The agreement urges the Department to
develop a plan to build and strengthen partnerships between the
one-stop system and public libraries and ensure that public
libraries have the resources necessary to provide these
workforce development services. The agreement requests a
briefing within 120 days of enactment of this Act on the
Department's work with the Institute of Museum and Library
Services and public libraries.
Water and Wastewater Operators.--The agreement is concerned
by the nationwide shortage of water and wastewater operators,
particularly in rural areas, and encourages the Secretary to
make funding available through workforce development and
apprenticeship activities consistent with National Guideline
Standards of Apprenticeship for Water and Wastewater System
Operations Specialists and the Workforce Innovation and
Opportunity Act system.
Wireless Infrastructure.--The agreement encourages the
Department to continue investments in the development of the
wireless infrastructure workforce, including apprenticeships in
the wireless sector.
Dislocated Worker National Reserve
Career Pathways for Youth Grants.--The agreement includes
$15,000,000 for grants to support national out-of-school time
organizations that serve youth and teens and place an emphasis
on age-appropriate workforce readiness programming to expand
job training and workforce pathways for youth and disconnected
youth.
Strengthening Community College Training Grants (SCCTG).--
The agreement provides $50,000,000 for the SCCTG program.
Workforce Opportunity for Rural Communities.--The agreement
provides $45,000,000 for the Workforce Opportunity for Rural
Communities program, to provide enhanced worker training in the
Appalachian, Delta, and Northern Border regions. The Department
is strongly encouraged to develop funding opportunity
announcements and make grant awards in coordination with the
Appalachian Regional Commission (ARC), Delta Regional Authority
(DRA), and Northern Border Regional Commission (NBRC), and each
award shall not exceed $1,500,000. Within the total, the
agreement includes $20,000,000 for grants in areas served by
the ARC; $20,000,000 for areas served by the DRA, and
$5,000,000 for areas served by the NBRC.
YouthBuild
The Department is encouraged to ensure YouthBuild grants
serve geographically diverse areas, including rural areas.
Apprenticeship Grant Program
The agreement provides $235,000,000 to support registered
apprenticeships.
The agreement notes that funding under this program should
be prioritized to support State, regional, and local
apprenticeship efforts, as well as efforts by intermediaries,
to expand registered apprenticeships into new industries and
for underserved or underrepresented populations.
The agreement strongly encourages the Department to
collaborate with the Northern Border Regional Commission to
develop a targeted apprenticeship program to meet the needs of
the rural communities in the region.
Community Project Funding/Congressionally Directed Spending
The agreement includes $137,638,000 for the projects, and
in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included in
this explanatory statement accompanying this division.
JOB CORPS
Gainesville Job Corps Center.--The Department is encouraged
to increase the capacity for Job Corps services or job training
opportunities in North Central Florida.
Gulfport Job Corps Center.--The agreement requests
quarterly updates regarding the Gulfport Job Corps Center
project.
Job Corps Rural Training Sites.--The agreement encourages
the Department to enhance opportunities for students in
underserved rural or remote communities through partnerships
between high quality center operators and existing rural
training sites.
Rhode Island Job Corps Center.--The agreement requests a
briefing within 120 days of enactment of this Act detailing the
progress of discussions between the City of Pawtucket and the
Exeter, Rhode Island Job Corps Center about increasing the
offering of training services through a satellite center.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
Unemployment Insurance Compensation
The agreement includes $2,850,816,000 for Unemployment
Insurance Compensation activities, an increase of $285,000,000,
for additional resources for States to increase staffing
capacity and to accommodate sustained increases in workload.
Employment Service
National Activities.--The agreement includes an increase of
$1,000,000 to continue efforts to reduce the processing backlog
for the work opportunity tax credit program and for assisting
States to modernize information technology for processing of
certification requests, which may include training and
technical assistance.
Foreign Labor Certification
The agreement recognizes the importance of the H-2B program
and urges the Department to take all necessary and appropriate
steps to ensure prompt processing of H-2B visa applications.
Wage and Hour Division
The Wage and Hour Division shall collect data at the
beginning of each fiscal year and submit in an electronic
format yearly reports to the Committees on Health, Education,
Labor, and Pensions and Appropriations of the Senate and the
Committees on Education and Labor and Appropriations of the
House of Representatives. The report shall include the
following:
--The name and address of each employer holding a
certificate under 29 USC 214(c);
--The starting date and ending date of each certificate for
each employer under 29 USC 214(c);
--Information about the certificate for each employer under
29 USC 214(c) including if the certificate is an initial
certificate or renewal and if the certificate is issued or
pending; and
--The current number of workers employed by the employer
holding the certificate under 29 USC 214(c) at the time of the
data collected.
Bureau of Labor Statistics (BLS)
The agreement is supportive of the BLS work plan and
directives included in House Report 117-96. The agreement
includes $28,470,000 to complete the relocation of the BLS
headquarters, which was initiated in fiscal year 2020.
Departmental Management
Bureau of International Labor Affairs.--The agreement
requests the amount spent in the prior fiscal year on technical
assistance grants to combat exploitative child labor and for
worker rights issues be included in future Congressional
Justifications. Not later than 60 days after enactment of this
Act, the Bureau is directed to brief the Committees on its
planned allocation of fiscal year 2022 resources.
Evaluation Authority.-- The agreement continues authority
to use up to 0.75 percent of certain Department appropriations
for evaluation activities identified by the Chief Evaluation
Officer. The agreement expects to be notified of the planned
uses of funds derived from this authority.
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.
Study on the Impacts of Hours Worked.--The Government
Accountability Office (GAO) is directed to conduct a study on
the short- and long-term trends in the labor market of the
number of hours worked by American workers, and the correlation
with these trends.
Worker Access to Retirement plans and other Benefits.-- The
agreement recognizes that a growing segment of workers do not
have access to employer-based retirement plans, and other
benefits typically provided through full-time employment. The
portability of benefits is an important feature of retirement
savings, workers compensation, health insurance, income
security and other work-related benefits. The agreement directs
the Chief Evaluation Officer of the Department of Labor, in
conjunction with Employee Benefits Security Administration and
other relevant DOL offices, to submit a report to Congress
within 6 months of enactment that provides a detailed and
specific analysis of why some workers do not have access to
these benefits and evidence-based recommendations for pilot
programs or other initiatives to design, implement, and
evaluate new and existing models and approaches to providing
high-quality benefits to workers who currently do not have
access to them. This proposal should ensure that the various
models are evaluated for their ability to accommodate
contributions from multiple employers for an individual worker,
as well as their scalability at the national level.
IT Modernization
The Department is directed to continue to submit a report
to the Committees not later than 90 days after enactment of
this Act that provides an update on projects to be funded,
planned activities and associated timelines, expected benefits,
and planned expenditures. The report should also include
completed activities, remaining activities and associated
timelines, actual and remaining expenditures, explanation of
any cost overruns and delays, and corrective actions, as
necessary, to keep the project on track and within budget.
The agreement includes a new provision which modifies
authority for the Department's Working Capital Fund (WCF), by
increasing the authority to transfer up to $36,000,000 in
future unobligated balances of appropriations provided in this
and future Department of Labor Appropriations acts into the
WCF. The Department is directed to continue to comply with the
plan requirements established by Public Law 115-245.
General Provisions
The agreement modifies a provision related to program
integrity activities.
The agreement includes a new provision related to the
Working Capital Fund.
The agreement modifies a provision related to H-1B fees.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration (HRSA)
PRIMARY HEALTH CARE
Alcee L. Hastings Program for Advanced Cancer Screening in
Underserved Communities.--Within the total for Health Centers,
the agreement includes $5,000,000 to fund Health Centers to
increase access and address barriers to cancer screening,
including patient education, case management, outreach, and
other enabling services, as described in House Report 117-96.
Ending the HIV Epidemic.--The agreement includes
$122,250,000 within the Health Centers program for the Ending
the HIV Epidemic Initiative.
HRSA Strategy to Address Intimate Partner Violence and
Project Catalyst.--The agreement includes no less than
$2,000,000 for the HRSA Strategy to Address Intimate Partner
Violence as described in House Report 117-96.
Native Hawaiian Health Care.--The agreement includes no
less than $22,000,000 for the Native Hawaiian Health Care
Program.
Partnerships with Home Visiting Programs.--The agreement
directs HRSA to provide written guidance to health centers on
partnering with home visiting programs.
School-Based Health Centers.--The agreement includes
$30,000,000 for school-based health centers funded under
section 330 of the Public Health Service (PHS) Act, as directed
in P.L. 116-260.
Technical Assistance.--The agreement provides no less than
$2,000,000 within the amount provided for Health Centers to
enhance technical assistance and training activities, further
quality improvement initiatives, and continue the development
of and support for health center-controlled networks so that
new and existing centers can improve patient access to quality
health services.
HEALTH WORKFORCE
Maternity Care Target Areas (MCTAs).--The agreement
includes $1,000,000 within the National Health Service Corps
(NHSC) to implement requirements contained in the Improving
Access to Maternity Care Act, including establishing criteria
for and identifying MCTAs and collecting and publishing data on
the availability and need for maternity care health services in
health professional shortage areas.
Midwife Training.--Within the total funding for
Scholarships for Disadvantaged Students, the agreement includes
$3,500,000 to educate midwives to address the national shortage
of maternity care providers and the lack of diversity in the
maternity care workforce.
Primary Care Training and Enhancement.--The agreement does
not include dedicated funding to support trainings for primary
care health professionals to screen, briefly intervene, and
refer patients to treatment for the severe mental illness of
eating disorders.
Oral Health Training.--The agreement includes not less than
$12,000,000 each for General and Pediatric Dentistry.
Area Health Education Centers.--The agreement provides
$3,000,000, an increase of $1,000,000, to expand competitive
grants for experiential learning opportunities through
simulation labs as directed in P.L. 116-260.
Graduate Psychology Education (GPE).--Within the total for
Mental and Behavioral Health, the agreement includes
$20,000,000 for GPE.
Peer Support.--Within the total for Behavioral Health
Workforce Education and Training (BHWET), the agreement
includes no less than $14,000,000 for community-based
experiential training for students preparing to become peer
support specialists and other types of behavioral health-
related paraprofessionals, as described in House Report 117-96.
Mental and Substance Use Disorder Workforce Training
Demonstration.--Within the total for BHWET, the agreement
includes $31,700,000 for this program. The agreement continues
support for grants to expand the number of nurse practitioners,
physician assistants, health service psychologists, and social
workers trained to provide mental and substance use disorder
services in underserved community-based settings as authorized
under section 760 of the PHS Act.
Substance Use Disorder Treatment and Recovery (STAR) Loan
Repayment Program.--Within the total for BHWET, the agreement
includes $24,000,000 for this program.
Sexual Assault Nurse Examiners Program.--The agreement
includes $13,000,000, an increase of $4,000,000, within the
total for Advanced Education Nursing to expand training and
certification of Registered Nurses, Advanced Practice
Registered Nurses, and Forensic Nurses to practice as sexual
assault nurse examiners.
Registered Nurse (RN) Shortage.--The agreement includes
$4,750,000 within Nurse Education, Practice, Quality and
Retention to address the shortage of RNs. The agreement directs
HRSA to give priority in new funding announcements to public
entities for training of additional RNs, specifically for acute
care settings. In addition, the agreement directs HRSA to give
priority to applicants in States listed in the HRSA publication
``Supply and Demand Projections of the Nursing Workforce 2014-
2030'' as having the greatest shortages.
Experiential Learning Opportunities.--Within the total for
Nurse Education, Practice, Quality, and Retention, the
agreement includes $5,750,000, an increase of $2,750,000, to
expand competitive grants to enhance nurse education through
the expansion of experiential learning opportunities as
directed in P.L. 116-260.
Nurse Practitioner Optional Fellowship Program.--The
agreement provides $6,000,000 for this program, as described in
House Report 117-96.
Impact of COVID-19 on the Rural Nursing Workforce.--The
agreement directs HRSA to submit a report within one year of
enactment of this Act on the impact of the current public
health emergency on the nursing workforce, especially in rural
areas, and summarize strategies to mitigate and address these
impacts.
MATERNAL AND CHILD HEALTH
Maternal and Child Health Block Grant Special Projects of Regional and
National Significance (SPRANS)
Alliance for Maternal Health Safety Bundles.--The agreement
includes $12,000,000 for this activity, as described in House
Report 117-96.
Children's Health and Development.--The agreement
recognizes the work to improve child health through a Statewide
system of early childhood developmental screenings and
interventions started in fiscal year 2017. The agreement
encourages HRSA to build upon this work in States with high
levels of or disparities in childhood poverty.
Early Childhood Education Expert Grants.--The agreement
includes $5,000,000 to place early childhood development
experts in pediatrician offices that serve a population with a
high percentage of Medicaid and CHIP patients.
Hemophilia.--The agreement includes sufficient funding for
the Regional Hemophilia Network Program.
Hereditary Hemorrhagic Telangiectasia (HHT) Centers of
Excellence.--The agreement includes $2,000,000 to establish a
new competitive grant program for HHT Centers of Excellence, as
described in House Report 117-96.
Infant-Toddler Court Teams.--The agreement includes
$13,000,000 for Infant-Toddler Court Teams, as described in
House Report 117-96.
Maternal Mental Health Hotline.--The agreement includes
$4,000,000 for this activity.
National Fetal Infant and Child Death Review (FICDR).--The
agreement includes $2,100,000, an increase of $1,000,000 above
the fiscal year 2021 enacted level, for the national FICDR
program to expand support and technical assistance to States
and tribal communities and improve the availability of data on
sudden unexpected infant deaths.
Regional Pediatric Pandemic Network.--The agreement
provides $18,000,000 for the regional pediatric pandemic
network to significantly expand the capacity of the network by
increasing the number of grants to award a new meritorious
applicant from the original Regional Pediatric Pandemic Network
competition to form a coordinated network with the existing
grantee. Priority should be given to children's hospitals as
defined by section 340E of the PHS Act (42 U.S.C. 256e) and
their affiliated university pediatric partners. HRSA shall
provide national leadership and coordination across the funded
entities to ensure national dissemination of best practices to
the broader pediatric care community. The agreement continues
funding for the current grantee at no less than the fiscal year
2021 level.
State Maternal Health Innovation Grants.--The agreement
includes $29,000,000 for this activity.
Set-asides within SPRANS.--The agreement includes the
following set-asides within SPRANS. Within the set-aside for
Oral Health, $250,000 is provided for activities described in
House Report 117-96.
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Set-aside for Oral Health............................... $5,250,000
Set-aside for Epilepsy.................................. 3,642,000
Set-aside for Sickle Cell Disease....................... 6,000,000
Set-aside for Fetal Alcohol Syndrome.................... 1,000,000
------------------------------------------------------------------------
Maternal and Child Health Programs
Autism and Other Developmental Disorders.--The agreement
includes not less than $37,245,000 for the Leadership Education
in Neurodevelopmental and Related Disabilities program.
Severe Combined Immune Deficiency (SCID).--Within the total
funding level for Heritable Disorders, the agreement includes
$4,000,000 to support newborn screening and follow-up for SCID
and other newborn screening disorders.
RYAN WHITE HIV/AIDS PROGRAM
Ending the HIV Epidemic.--The agreement includes
$125,000,000 within the Ryan White program for the Ending the
HIV Epidemic initiative.
HEALTH CARE SYSTEMS
Reimbursement of Travel and Subsistence Expenses Toward
Living Organ Donation Program.--Within the total for Organ
Transplantation, the agreement includes no less than $7,000,000
for the Living Organ Donation Program, as described in House
Report 117-96.
Organ Allocation Policy.--HRSA and the Organ Procurement
and Transplantation Network are encouraged to ensure the
process for changing organ allocation policies is transparent,
thorough, and accommodates the recommendations of
transplantation and organ donation professionals.
Poison Control Centers (PCCs).--The agreement directs HRSA
to provide increased funds directly to the PCCs and requests a
spend plan for the funds within 30 days of enactment of this
Act.
Cell Transplantation Program.--The agreement requests a
spend plan within 30 days of enactment of this Act for this
program.
RURAL HEALTH
Rural Health Outreach.--The agreement provides no less than
$2,000,000 for HRSA's collaboration with the Northern Border
Regional Commission (NBRC) to provide direct support to member
States to help underserved rural communities identify and
better address their health care needs and to help small rural
hospitals improve their financial and operational performance.
The agreement provides not less than $25,000,000 for the Delta
States Rural Development Network Grant Program, including
$13,000,000 to support HRSA's collaboration with the Delta
Regional Authority, as described under this heading in
Conference Report 115-952.
Rural Maternity and Obstetrics Management Strategies
(RMOMS).--The agreement includes $6,000,000 for RMOMS, which
supports grants to improve access to and continuity of maternal
and obstetrics care in rural communities by increasing the
delivery of and access to preconception, pregnancy, labor and
delivery, and postpartum services, as well as developing
sustainable financing models for the provision of maternal and
obstetrics care.
Rural Emergency Hospital Technical Assistance Program.--The
agreement includes $5,000,000 within the total for Rural
Hospital Flexibility Grants to establish the Rural Emergency
Hospital Technical Assistance Program. This program will
provide technical assistance from existing State Flexibility
Programs and other stakeholders to assist facilities in the
implementation of the new Rural Emergency Hospital model.
Telehealth Centers of Excellence (COE).--The agreement
includes $7,500,000 for the Telehealth COE awarded sites.
Rural Communities Opioids Response (RCORP).--The agreement
includes $135,000,000 to continue RCORP. Within the funding
provided, the agreement includes $10,000,000 to continue the
three Rural Centers of Excellence (Centers), as established by
P.L. 115-245 and continued through P.L. 116-260. In addition to
the conditions set forth in Conference Report 115-952, the
Centers are encouraged to develop interdisciplinary, dual-track
fellowships to train psychiatrists in rural addiction
psychiatry. Within this total, the agreement also includes
$2,500,000 of the funds available for career and workforce
training services for NBRC to assist individuals affected by an
opioid abuse disorder.
FAMILY PLANNING
The Family Planning program administers Title X of the PHS
Act. This program supports preventive and primary healthcare
services at clinics nationwide. The agreement does not include
language proposed by the House.
PROGRAM MANAGEMENT
Oral Health Literacy.--The agreement includes $300,000 for
the activity described under this heading in House Report 117-
96.
Targeted Investments in Impoverished Areas.--The agreement
directs HRSA to develop and implement measures to increase the
share of investments made in persistent poverty counties, high-
poverty areas, and any other impoverished communities that HRSA
determines to be appropriate areas to target. The agreement
directs HRSA to provide an update to the Committees within 180
days of enactment of this Act on how HRSA is carrying out this
directive.
Community Projects/Congressionally Directed Spending.--
Within the funds included in this account, $1,053,896,000 shall
be for the Community Project Funding/Congressionally Directed
Spending projects, and in the amounts, as specified in the
table included in this explanatory statement accompanying this
division.
CENTERS FOR DISEASE CONTROL AND PREVENTION
The agreement provides $8,457,204,000 in total program
level funding for the Centers for Disease Control and
Prevention (CDC), which includes $7,498,546,000 in budget
authority and $903,300,000 in transfers from the Prevention and
Public Health (PPH) Fund.
IMMUNIZATION AND RESPIRATORY DISEASES
The agreement provides a total of $868,155,000 for
Immunization and Respiratory Diseases, which includes
$448,805,000 in discretionary appropriations and $419,350,000
in transfers from the PPH Fund. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Section 317 Immunization Program........................ $650,797,000
Acute Flaccid Myelitis.................................. 6,000,000
Influenza Planning and Response......................... 211,358,000
------------------------------------------------------------------------
Enhancing Section 317 Immunization Program.--The agreement
includes an increase to enhance adult immunization as directed
in House Report 117-96.
Improving Immunization Information Systems Infrastructure
and Data.--The agreement directs CDC to provide an update to
the Committees within 180 days of enactment of this Act on
compliance with interoperability standards.
Influenza Planning and Response.--The agreement includes an
increase to enhance CDC's influenza activities.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The agreement provides $1,345,056,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............... $986,712,000
HIV Initiative........................................ 195,000,000
School Health-HIV..................................... 36,081,000
Viral Hepatitis......................................... 41,000,000
Sexually Transmitted Infections......................... 164,310,000
Tuberculosis............................................ 135,034,000
Infectious Diseases and the Opioid Epidemic............. 18,000,000
------------------------------------------------------------------------
Congenital Syphilis.--The agreement urges prioritization as
outlined in House Report 117-96.
Ending the HIV Epidemic Initiative.--The agreement includes
an increase to reduce new HIV infections.
Infectious Diseases and the Opioid Epidemic.--The agreement
includes an increase to strengthen efforts to address
infectious diseases associated with substance use. CDC is
directed to prioritize jurisdictions with the highest age-
adjusted mortality rate related to substance use disorders and
acute hepatitis C infection. CDC is also encouraged to
prioritize jurisdictions that are experiencing outbreaks or
emerging clusters of infectious diseases associated with drug
use, including those not eligible for Ending the HIV Epidemic
funding.
School Health.--The agreement includes an increase for the
investment in school health activities.
Sexually Transmitted Infections (STI).--The agreement
includes an increase for STI prevention and control activities
in public health programs.
Tuberculosis.--The agreement urges CDC to increase staffing
of tuberculosis technicians in tribal areas and increase
efforts to provide technical assistance to health professionals
who service those populations.
Viral Hepatitis.--The agreement includes an increase to
advance efforts to eliminate viral hepatitis.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The agreement provides $693,272,000 for Emerging and
Zoonotic Infectious Diseases, which includes $641,272,000 in
discretionary appropriations and $52,000,000 in transfers from
the PPH Fund. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Antibiotic Resistance Initiative........................ 182,000,000
Vector-Borne Diseases................................... 54,603,000
Lyme Disease............................................ 20,500,000
Prion Disease........................................... 6,500,000
Chronic Fatigue Syndrome................................ 5,400,000
Emerging Infectious Diseases............................ 194,997,000
Harmful Algal Blooms.................................... 2,500,000
Food Safety............................................. 68,000,000
National Healthcare Safety Network...................... 21,000,000
Quarantine.............................................. 50,772,000
Advanced Molecular Detection............................ 35,000,000
Epidemiology and Lab Capacity........................... 40,000,000
Healthcare-Associated Infections........................ 12,000,000
------------------------------------------------------------------------
Advanced Molecular Detection.--The agreement includes an
increase to bolster genomic epidemiology expertise and
capacity. The agreement directs CDC to provide an update on the
capabilities at public health laboratories in the fiscal year
2023 Congressional Justification.
Antimicrobial and Antibiotic Resistance (AMR).--The
agreement includes an increase and directs CDC to improve data
collection and increase support for U.S. health departments to
detect, contain, and prevent AMR infections and increase
collaborative efforts on the national, regional, State, tribal
and local levels to assist with AMR response and prevention
efforts. The agreement encourages CDC to competitively award
research activities that address aspects of AMR related to a
``One Health'' approach to public academic medical centers
including Minority Serving Institutions, veterinary schools,
including those with agricultural extension services, and
public health departments whose proposals are in line with
CDC's strategy for addressing AMR bacteria. Furthermore, the
agreement directs CDC to work with other HHS agencies to
provide the briefing described under the section of the
explanatory statement pertaining to the Office of the
Secretary.
Food Safety.--The agreement includes an increase to help
address critical unmet needs.
Lyme Disease and Related Tick-Borne Illnesses.--The
agreement provides an increase in recognition of the importance
of the prevention and control of Lyme disease and related tick-
borne diseases, and encourages CDC to support surveillance and
prevention of Lyme disease and other high consequence tick-
borne diseases in endemic areas as well as areas not yet
considered endemic. The agreement includes funding for CDC's
vector-borne diseases program to expand the programs authorized
under the Kay Hagan Tick Act (P.L. 116-94) to promote a public
health approach to combat rising cases of tick-borne diseases,
including activities directed in House Report 117-96. CDC is
directed to develop and implement methods to improve
surveillance to more accurately report the disease burden,
including through the development of real time data for
reporting Lyme disease and other tick-borne diseases, as well
as a process for estimating the prevalence of Post-Treatment
Lyme Disease Syndrome. CDC is directed to direct funding to
improve early diagnosis of Lyme and related tick-borne diseases
to prevent the development of late stage disease and more
serious and long-term disability. CDC is encouraged to
coordinate with the National Institutes of Health (NIH), the
National Institute of Mental Health, and the National Institute
of Neurological Disorders and Stroke on publishing reports that
assess diagnostic advancements, methods for prevention, the
state of treatment, and links between tick-borne disease and
psychiatric illnesses. CDC is urged, in coordination with NIH,
to include in their surveillance the long-term effects on
patients suffering from post-treatment Lyme disease syndrome,
or ``chronic Lyme disease.'' Additionally, given the impact of
Lyme disease and the status of ongoing clinical trials, the
agreement requests a report within 180 days of enactment of
this Act on CDC's research to date and recommendations on
actions needed to facilitate a successful Lyme disease vaccine
rollout that will build confidence and encourage uptake should
a vaccine be approved by the FDA.
Mycotic Diseases.--The agreement provides an increase of
$2,000,000 in Emerging Infectious Diseases for mycotic diseases
and directs CDC to fully utilize its clinical trial partners
and the Mycoses Study Group to address the growing threat from
mycological infection in the United States and around the
world.
Surveillance Data on the Chronic Effects of COVID-19.--The
agreement recognizes that successfully addressing the health
care needs of individuals who develop chronic cardiovascular,
renal, and neurological effects of COVID-19 will require long-
term, population level, public health surveillance that
includes granular data related to COVID-19 and any comorbid
medical conditions. The agreement directs CDC to provide,
within 90 days of enactment of this Act, an accounting of the
data on the chronic effects of COVID-19 currently being
collected, the sources of these data, any existing or
anticipated gaps that exist, and to provide a plan for
addressing these surveillance data gaps as they relate to the
chronic effects of COVID-19 infection in both the immediate and
long-term.
Wastewater Surveillance.--The agreement directs CDC to
report on existing National Wastewater Surveillance System
grants and contracts within 90 days of enactment of this Act.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The agreement provides $1,338,664,000 for Chronic Disease
Prevention and Health Promotion, which includes $1,083,714,000
in discretionary appropriations and $254,950,000 in transfers
from the PPH Fund. Within this total, the agreement includes
the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Tobacco................................................. $241,500,000
Nutrition, Physical Activity, and Obesity............... 58,420,000
High Obesity Rate Counties............................ 16,500,000
School Health........................................... 17,400,000
Glaucoma................................................ 4,000,000
Vision and Eye Health................................... 1,500,000
Alzheimer's Disease..................................... 30,500,000
Inflammatory Bowel Disease.............................. 1,000,000
Interstitial Cystitis................................... 1,100,000
Excessive Alcohol Use................................... 5,000,000
Chronic Kidney Disease.................................. 3,500,000
Chronic Disease Education and Awareness................. 3,000,000
Prevention Research Centers............................. 26,961,000
Heart Disease and Stroke................................ 145,105,000
Diabetes................................................ 151,129,000
National Diabetes Prevention Program.................... 33,300,000
Breast and Cervical Cancer.............................. 227,000,000
WISEWOMAN............................................. 30,120,000
Breast Cancer Awareness for Young Women................. 5,960,000
Cancer Registries....................................... 51,440,000
Colorectal Cancer....................................... 43,294,000
Comprehensive Cancer.................................... 20,425,000
Johanna's Law........................................... 10,500,000
Ovarian Cancer.......................................... 12,500,000
Prostate Cancer......................................... 14,205,000
Skin Cancer............................................. 4,000,000
Cancer Survivorship Resource Center..................... 475,000
Oral Health............................................. 19,750,000
Safe Motherhood/Infant Health........................... 83,000,000
Arthritis............................................... 11,000,000
Epilepsy................................................ 10,500,000
National Lupus Registry................................. 9,500,000
Racial and Ethnic Approaches to Community Health (REACH) 65,950,000
Good Health and Wellness in Indian Country............ 22,500,000
Social Determinants of Health........................... 8,000,000
Million Hearts.......................................... 4,000,000
National Early Child Care Collaboratives................ 4,000,000
Hospitals Promoting Breastfeeding....................... 9,750,000
------------------------------------------------------------------------
Alzheimer's Disease.--The agreement provides an increase to
support provisions authorized by the BOLD Infrastructure for
Alzheimer's Act (P.L. 115-406).
Breast Cancer Awareness for Young Women.--The agreement
includes an increase to expand awareness and prevention
efforts.
Chronic Disease Education and Awareness.--The agreement
includes an increase to expand this competitive grant program.
Diabetes.--The agreement includes an increase to enhance
efforts to prevent diabetes and reduce its complications, and
to expand the Diabetes Prevention Program.
Farm-to-School.--The agreement continues $2,000,000 within
Nutrition, Physical Activity, and Obesity for research and
education activities promoting healthy eating habits for
students. The agreement intends that these grants support
multi-agency and multi-organizational State farm to early
childhood programs with priority given to entities with
experience running farm to early childhood programs. The
agreement directs CDC to coordinate farm to early childhood
program efforts with the Office of Community Food Systems at
the Department of Agriculture.
Food Allergies.--The agreement includes $2,000,000 for a
school-based effort to address food allergies and reduce
potentially fatal anaphylactic reactions.
Heart Disease and Stroke Prevention.--The agreement
includes an increase to strengthen and expand evidence-based
heart disease and stroke prevention activities focused on high
risk populations.
High Obesity Rate Counties.--CDC grantees are expected to
work with State and local public health departments and other
partners to support measurable outcomes through community and
population-level evidenced-based obesity intervention and
prevention programs. Funded projects should integrate evidence-
based policy, systems, and environmental approaches to better
understand and address the environmental and societal
implications of obesity. The agreement encourages CDC to
consider including high childhood obesity rates in its
eligibility criteria for the High Obesity Program.
Hospitals Promoting Breastfeeding.--The agreement includes
an increase for evidence-based practice improvements in
hospitals, with an emphasis on physician and care provider
education, with the aim of supporting breastfeeding and
increasing breastfeeding rates.
Johanna's Law.--The agreement includes an increase to raise
awareness about the five main types of gynecological cancer.
Mississippi Delta Health Collaborative (MDHC).--Within the
funds provided for Chronic Disease Prevention and Health
Promotion, the agreement encourages CDC to build on its
longstanding investment in MDHC by working to replicate the
work in additional sites while maintaining the current
strategy. The agreement directs CDC to provide an update on
these activities in the fiscal year 2023 Congressional
Justification.
Oral Health.--The agreement includes an increase for
efforts to reduce oral disease and provide effective
interventions.
Ovarian Cancer.--The agreement provides an increase for
prevention activities.
Safe Motherhood and Infant Health.--The agreement includes
an increase to expand and increase support for Maternal
Mortality Review Committees (MMRCs), Perinatal Quality
Collaboratives (PQCs), and other programs including Sudden
Unexplained Infant Death (SUID) and the Sudden Death in the
Young (SDY) Case Registry. CDC is directed to expand support
for MMRCs and improve data collection at the State level to
create consistency in data collection, analysis and reporting
across State MMRCs. This investment is necessary to provide
accurate national statistics on U.S. maternal mortality rates
and inform data-driven actions to prevent these deaths. The
agreement directs CDC to submit the reports requested under
this heading in House Report 117-96. Furthermore, the agreement
includes funding for the SUID and SDY Registry to expand the
number of States and jurisdictions participating in monitoring
and surveillance and urges CDC to facilitate data collection
and analysis to improve SUID prevention strategies.
Skin Cancer Education and Prevention.--The agreement notes
concern with the growing number of people diagnosed with
preventable forms of skin cancer. The agreement continues to
provide funding for skin cancer education and prevention and
encourages CDC to increase its collaboration and partnership
with local governments, business, health, education, community,
non-profit, and faith-based sectors.
Social Determinants of Health.--The agreement provides an
increase for the program of planning grants started in fiscal
year 2021 (P.L. 116-260).
Racial and Ethnic Approaches to Community Health (REACH).--
The agreement provides an increase to address racial and ethnic
health disparities, including the Good Health and Wellness in
Indian Country program.
Tobacco.--The agreement provides an increase to reduce
deaths and prevent chronic diseases, including addressing the
youth use of e-cigarettes.
Vision and Eye Health.--The agreement includes an increase
and directs CDC to improve surveillance efforts, which may
include updating national prevalence estimates on vision
impairment and eye disease through the use of the National
Health Nutrition Examination Survey and improving existing
surveillance of social, economic, and environmental contexts as
related to eye healthcare disparities.
WISEWOMAN.--The agreement includes an increase to provide
uninsured and under-insured, low-income women with lifesaving
preventive services.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The agreement provides $177,060,000 for Birth Defects and
Developmental Disabilities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Child Health and Development............................ $65,800,000
Birth Defects......................................... 19,000,000
Fetal Death........................................... 900,000
Fetal Alcohol Syndrome................................ 11,000,000
Folic Acid............................................ 3,150,000
Infant Health......................................... 8,650,000
Autism................................................ 23,100,000
Health and Development for People with Disabilities..... 76,910,000
Disability & Health................................... 39,000,000
Tourette Syndrome..................................... 2,000,000
Early Hearing Detection and Intervention.............. 10,760,000
Muscular Dystrophy.................................... 6,500,000
Attention Deficit Hyperactivity Disorder.............. 1,900,000
Fragile X............................................. 2,000,000
Spina Bifida.......................................... 7,500,000
Congenital Heart...................................... 7,250,000
Public Health Approach to Blood Disorders............... 7,400,000
Hemophilia CDC Activities............................... 3,500,000
Hemophilia Treatment Centers............................ 5,100,000
Thalassemia............................................. 2,100,000
Neonatal Abstinence Syndrome............................ 3,250,000
Surveillance for Emerging Threats to Mothers and Babies. 13,000,000
------------------------------------------------------------------------
Congenital Cytomegalovirus (CMV).--The agreement encourages
CDC to continue its activities to prevent CMV infection, and
directs CDC to provide an update on efforts to develop,
implement, and evaluate CMV prevention strategies in the fiscal
year 2023 Congressional Justification.
Congenital Heart Disease.--The agreement includes an
increase to further implement the screening, surveillance,
research, and awareness activities authorized by the Congenital
Heart Futures Reauthorization Act (P.L. 115-342).
Disability and Health.--The agreement directs CDC to
allocate the increase in the same manner as directed in P.L.
115-245.
Hemophilia Treatment Centers.--The agreement continues to
support CDC's hemophilia programs and encourages CDC to
increase outreach to underserved populations and inclusion in
the Community Counts Hemophilia Data Collection program.
Muscular Dystrophy.--The agreement includes an increase and
directs CDC to submit the report requested under this heading
in House Report 117-96.
Neonatal Abstinence Syndrome (NAS).--The agreement includes
an increase to support efforts to address the rise in NAS
resulting from the overuse of opioids and other related
substances during pregnancy, including research on opioid use
during pregnancy and related adverse outcomes from infancy
through childhood, and to identify best practices for care,
evaluation, and management to help children.
Public Health Approach to Blood Disorders.--The agreement
includes an increase to expand sickle cell data collection
efforts.
Spina Bifida.--The agreement includes an increase to
support efforts to improve the health status of people living
with spina bifida.
Surveillance for Emerging Threats to Mothers and Babies
Network (SET NET).--The agreement includes an increase to
expand CDC's SET NET to additional jurisdictions.
Zika Surveillance.--The agreement supports CDC's continued
collaboration with State, tribal, territorial, and local health
departments to monitor mothers and babies impacted by the Zika
virus during pregnancy in the highest risk jurisdictions. CDC
was provided additional funding in fiscal year 2019 to expand
its Zika surveillance to determine the long-term health impacts
of infants born to mothers infected with the Zika virus.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement provides a total of $651,997,000 for Public
Health Scientific Services. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Health Statistics....................................... $180,397,000
Surveillance, Epidemiology, and Informatics............. 410,600,000
Public Health Data Modernization...................... 100,000,000
Public Health Workforce................................. 61,000,000
------------------------------------------------------------------------
Bereavement.--The agreement urges CDC to include a new
module focused on bereavement to the Behavioral Risk Factor
Surveillance Survey to better understand the scope of
bereavement exposure in the U.S. CDC is also encouraged to
include a special highlight section on its Health, United
States publication.
Improving Accuracy of Diagnosis of Rare Diseases.--The
agreement encourages the National Center for Health Statistics
to work with Federal agency partners, including FDA and NIH, to
establish a pathway for pursuing a specific diagnostic code for
rare diseases that currently lack one. The agreement requests a
report on the feasibility of such a pathway within 180 days of
enactment of this Act.
National Center for Health Statistics.--The agreement
includes an increase to begin to make much-needed investments
in the next generation of surveys and products.
National Neurological Conditions Surveillance System.--The
agreement provides a total of $5,000,000 within Surveillance,
Epidemiology, and Informatics to continue efforts on the two
initial conditions.
Public Health Data Modernization.--The agreement commends
CDC for the progress made to date and includes an increase to
advance efforts toward creating a modern, high-speed, networked
public health infrastructure that will work for all diseases
and conditions. The agreement recognizes that this effort is
not solely about technological upgrades or about short-term
solutions.
ENVIRONMENTAL HEALTH
The agreement provides $228,350,000 for Environmental
Health programs, which includes $211,350,000 in discretionary
appropriations and $17,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Environmental Health Laboratory......................... $68,750,000
Newborn Screening Quality Assurance Program........... 19,000,000
Newborn Screening/Severe Combined Immunodeficiency 1,250,000
Diseases.............................................
Environmental Health Activities......................... 47,600,000
Safe Water............................................ 8,600,000
Amyotrophic Lateral Sclerosis Registry................ 10,000,000
Trevor's Law.......................................... 2,000,000
Climate and Health.................................... 10,000,000
Environmental and Health Outcome Tracking Network....... 34,000,000
Asthma.................................................. 30,500,000
Childhood Lead Poisoning................................ 41,000,000
Lead Exposure Registry.................................. 5,000,000
Vessel Sanitation....................................... 1,500,000
------------------------------------------------------------------------
Asthma.--The agreement includes an increase for the
National Asthma Control Program to expand surveillance.
Childhood Lead Poisoning.--The agreement includes an
increase for this program.
Lead Exposure Registry.--The agreement includes an increase
for the Flint, Michigan Lead Exposure Registry.
Newborn Screening.--The agreement includes an increase to
expand newborn screening efforts.
Vessel Sanitation.--The agreement reflects a one-time
appropriation as provided in section 138 of P.L. 117-43.
INJURY PREVENTION AND CONTROL
The agreement provides $714,879,000 for Injury Prevention
and Control activities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Domestic Violence and Sexual Violence................... 34,700,000
Child Maltreatment.................................... 7,250,000
Child Sexual Abuse Prevention......................... 2,000,000
Youth Violence Prevention............................... 15,100,000
Domestic Violence Community Projects.................... 5,500,000
Rape Prevention......................................... 56,750,000
Suicide Prevention...................................... 20,000,000
Adverse Childhood Experiences........................... 7,000,000
National Violent Death Reporting System................. 24,500,000
Traumatic Brain Injury.................................. 7,250,000
Elderly Falls........................................... 2,050,000
Drowning................................................ 1,000,000
Other Injury Prevention Activities...................... 28,950,000
Opioid Overdose Prevention and Surveillance............. 490,579,000
Injury Control Research Centers......................... 9,000,000
Firearm Injury and Mortality Prevention Research........ 12,500,000
------------------------------------------------------------------------
Adolescent Mental Health.--The agreement urges CDC to
establish a program that leverages existing CDC activities
dedicated to adolescent mental health to develop and implement
national goals and a national strategy to improve adolescent
mental wellbeing and advance equity, with a focus on culturally
responsive prevention and early intervention. CDC is urged to
coordinate with other Federal agencies and departments, as
appropriate.
Adverse Childhood Experiences.--The agreement includes an
increase and directs CDC to submit the report requested under
this heading in House Report 117-96.
Domestic Violence and Sexual Violence.--The agreement notes
recent bipartisan actions to reauthorize the Violence Against
Women Act, and supports efforts to establish an interagency
working group to coordinate domestic violence prevention across
all levels of government and with all relevant stakeholders.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000 to conduct research on firearm
injury and mortality prevention. Given violence and suicide
have a number of causes, the agreement recommends the CDC take
a comprehensive approach to studying these underlying causes
and evidence-based methods of prevention of injury, including
crime prevention. All grantees under this section will be
required to fulfill requirements around open data, open code,
pre-registration of research projects, and open access to
research articles consistent with the National Science
Foundation's open science principles. The Director of CDC is to
report to the Committees within 30 days of enactment on
implementation schedules and procedures for grant awards, which
strive to ensure that such awards support ideologically and
politically unbiased research projects.
Opioid Abuse and Overdose Prevention.--The agreement
includes an increase to enhance efforts, including improvements
in data quality and monitoring, including on substances driving
overdoses. In addition to the directives included in House
Report 117-96, CDC is directed to continue expansion of case-
level syndromic surveillance data, improving interventions that
monitor prescribing and dispensing practices as well as the
timeliness and quality of morbidity and mortality data, and
enhancing efforts with medical examiners and coroner offices.
CDC is urged to improve utilization of state-based Prescription
Drug Monitoring Programs (PDMPs) to assist in clinical
decision-making and surveillance. CDC is further directed to
continue to expand an innovative model to coordinate care for
high-risk patients receiving opioid treatment and encouraged to
work with the Office of the National Coordinator for Health
Information Technology to enhance the integration of PDMPs and
electronic health records.
Opioid Prescribing Guidelines.--The agreement applauds
CDC's February 2022 Updated Clinical Practice Guideline for
Prescribing Opioids for Chronic Pain, for use by primary care
clinicians for chronic pain in outpatient settings outside of
active cancer treatment, palliative care, and end-of-life care.
The agreement directs CDC to continue its work educating
patients and providers, and to encourage uptake and use of the
Guidelines. The agreement urges CDC to continue coordination
with other Federal agencies in implementation and related
updates in safe prescribing practices to ensure consistent,
high-quality care standards across the Federal government.
Public Safety Officer Suicide Reporting System.--The
agreement continues funding for the activities described in the
Helping Emergency Responders Overcome Act of 2020, as directed
in P.L. 116-260.
Suicide Prevention.--The agreement includes an increase and
directs CDC to expand its comprehensive suicide prevention
program to implement and evaluate an evidence-based public
health approach to suicide prevention with attention to high-
risk, vulnerable populations and increase research to
understand how certain factors, including access to mental
health services, contribute to the risk of or protect against
suicidal behaviors in different populations. CDC is also
directed to expand and enhance its emergency department
syndromic surveillance on suicidal behavior and nonfatal
suicide-related outcomes to provide near real-time data on
suicidal ideation and attempts, disaggregated by race and
ethnicity, age, disability status, and sex, in order to inform
community-based suicide prevention efforts. CDC is encouraged
to use this funding to expand research, increase data
collection to inform local responses, and support State health
departments and other stakeholders as they develop and
implement comprehensive suicide prevention plans.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)
The agreement provides a total of $351,800,000 for NIOSH in
discretionary appropriations. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................... $118,000,000
Agriculture, Forestry, and Fishing.................... 27,500,000
Education and Research Centers.......................... 31,000,000
Personal Protective Technology.......................... 22,000,000
Mining Research......................................... 62,500,000
National Mesothelioma Registry and Tissue Bank.......... 1,200,000
Firefighter Cancer Registry............................. 3,000,000
Other Occupational Safety and Health Research........... 114,100,000
------------------------------------------------------------------------
Agriculture, Forestry, and Fishing.--The agreement includes
an increase to expand efforts to protect workers in this
sector.
Analysis of the Impact of COVID-19 in the Workplace.--The
agreement directs CDC to conduct an assessment and provide a
briefing to the Committees within one year of enactment of this
Act on the adequacy of reporting and data collection of COVID-
19 infections, outbreaks, and deaths among workers, and
recommendations and a professional budget justification for
improvements in data collection and reporting by employers,
localities, States and the Federal government for COVID-19 and
future epidemics.
Coal Workers' Health Surveillance Program Mobile Medical
Unit.--The agreement directs CDC to prioritize the maintenance
of mobile medical units and urges CDC to consider the purchase
of an additional mobile medical unit to improve access to
screening for miners, as early screening and detection of black
lung can improve health outcomes and reduce mortality.
Education and Research Centers.--The agreement includes an
increase to support efforts to reduce work-related injuries and
illness.
Firefighter Cancer Registry.--The agreement includes an
increase for this voluntary, anonymous registry system.
Personal Protective Technologies.--The agreement includes
an increase and directs CDC to submit the report requested
under this heading in House Report 117-96.
Total Worker Health.--The agreement provides an increase to
expand the program.
Underground Mine Evacuation Technologies and Human Factors
Research.--The agreement provides an increase for grant
activities as directed in P.L. 116-94.
GLOBAL HEALTH
The agreement provides $646,843,000 for Global Health
activities. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program..................................... $128,921,000
Global Tuberculosis..................................... 9,722,000
Global Immunization Program............................. 228,000,000
Polio Eradication..................................... 178,000,000
Measles and Other Vaccine Preventable Diseases........ 50,000,000
Parasitic Diseases and Malaria.......................... 27,000,000
Global Public Health Protection......................... 253,200,000
------------------------------------------------------------------------
Global AIDS.--The agreement includes an increase to advance
the global fight against HIV/AIDS.
Global Public Health Protection.--The agreement includes an
increase for CDC to lead global health security activities to
prevent, detect, and respond to infectious disease threats and
outbreaks around the globe.
Parasitic Diseases and Malaria.--The agreement includes an
increase to enhance parasitic diseases and malaria activities.
Polio Eradication.--The agreement includes an increase to
support CDC activities related to wild poliovirus and vaccine-
derived polio surveillance, vaccine procurement, and outbreak
response. CDC is urged to continue to provide technical
assistance to countries for polio immunization campaigns,
conduct environmental surveillance of polio viruses to ensure
prompt detection and to prevent potential outbreaks of
paralytic polio disease. CDC is directed to provide a briefing
on its polio eradication activities within 90 days of enactment
of this Act.
Population-based Surveillance Platforms.--The agreement
directs at least $4,000,000 to be used to support existing
longitudinal population-based infectious disease surveillance
platforms that enable comparative analysis between urban and
rural populations in the developing world.
Soil Transmitted Helminth and Related Diseases of
Poverty.--The agreement continues $1,500,000 for surveillance,
source remediation, and clinical care aimed at reducing soil
transmitted helminth to extend the currently funded projects
for another year.
Tuberculosis.--The agreement includes an increase to
advance tuberculosis prevention, diagnosis, and treatment
efforts.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement provides $862,200,000 for public health
preparedness and response activities. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $715,000,000
Agreement..............................................
Academic Centers for Public Health Preparedness......... 8,200,000
All Other CDC Preparedness.............................. 139,000,000
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative
Agreement.--The agreement includes an increase for cooperative
agreement awards.
BUILDINGS AND FACILITIES
The agreement provides $30,000,000 in discretionary budget
authority.
Atlanta-based Buildings and Facilities.--The agreement
includes funding to make progress on CDC's backlog of
maintenance and repairs at its Atlanta campuses. In order to
protect Americans from health threats and to rapidly respond to
public health emergencies, CDC needs a safe, secure, and fully
operational infrastructure in the form of its own laboratories,
buildings, and facilities. The agreement supports the
completion of the Atlanta Masterplan Build Out and recognizes
that CDC has over 9,700 employees in Georgia with over 4,000
staff in Atlanta currently working in leased office space.
Completion of the Atlanta Masterplan Build Out will enable CDC
to vacate leased spaces to owned facilities achieving cost
savings through lease avoidance and gain operational
efficiencies; improve scientific and laboratory collaboration;
and enhance teamwork. Additionally, having CDC staff work in
CDC owned facilities will provide enhanced security and
resiliency for staff, scientific data and other critical public
health resources.
Mine Safety Research Facility.--The agreement notes bill
language and funding to support the design and construction for
a mine safety research facility to replace the Lake Lynn
Experimental Mine and Laboratory were provided in fiscal year
2021. The agreement requests the continuation of quarterly
updates on progress in the construction of the facility, costs
incurred, and unanticipated challenges which may affect
timeline or total costs until completion of the facility.
CDC WIDE ACTIVITIES
The agreement provides $493,570,000 for CDC-wide
activities, which includes $333,570,000 in discretionary
appropriations and $160,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Preventive Health and Health Services Block Grant...... $160,000,000
Public Health Leadership and Support................... 113,570,000
Infectious Disease Rapid Response Reserve Fund......... 20,000,000
Public Health Infrastructure and Capacity.............. 200,000,000
------------------------------------------------------------------------
COVID-19 Testing Failure.--The agreement notes that GAO
examined CDC laboratory quality control deficiencies in its
July 2021 report COVID-19: Continued Attention Needed to
Enhance Federal Preparedness, Response, Service Delivery, and
Program Integrity (GAO-21-551) and made recommendations that
CDC has agreed to pursue. The lack of clearly defined approval
criteria and poor communication of test performance problems
within CDC illustrate there is still a need for an assessment
of what led to the failure. The agreement includes direction in
the Office of the Secretary to establish a Task Force,
including participation from outside stakeholders and subject
matter experts, to evaluate what contributed to the
shortcomings of the first COVID-19 tests, including laboratory
irregularities, and what policies, practices and systems should
be established to address these issues in the future. The Task
Force shall also examine CDC's processes for the development
and deployment of diagnostics and its ongoing operations,
including communications and electronic lab reporting with
clinical, commercial, and State and local public health
laboratories. Based on the conclusions of this effort, CDC
shall develop an agency-wide coordination plan for developing
and deploying assays during a public health emergency that
engages a nationwide system, as appropriate, and leverages the
expertise offered by the public and private sectors. In
addition, the agreement directs CDC to provide an update to the
Committees on the status of the implementation of the
recommendations made by GAO-21-551 within 180 days of enactment
of this Act.
Infectious Disease Rapid Response Reserve Fund.--The
agreement includes an increase toward the replenishment of this
fund to ensure that CDC is positioned to respond quickly to an
imminent public health emergency.
Local Health Departments.--The agreement reiterates the
language in House Report 117-96 and urges CDC to publicly track
and report to the Committees how funds provided to State health
departments are passed through to local health departments,
including amount, per grant award, by local jurisdiction.
Public Health Infrastructure and Capacity.--The agreement
establishes a new funding line to provide a stable source of
resources that is not segmented by disease, condition, or
activity. The agreement recognizes that the nation's public
health partners need to be better equipped and more flexible to
coordinate together to save lives. The agreement directs that
no less than 70 percent of this funding be awarded to health
departments.
Public Health Scholars Program.--The agreement commends CDC
for its commitment to health equity and workforce development
to ensure a future where an increasingly diverse American
public benefits from a more diverse and better trained public
health workforce. The agreement applauds CDC on the 10th
anniversary of the CDC Undergraduate Public Health Scholars
(CUPS) Program. The CUPS Program is hereby renamed the John R.
Lewis CDC Undergraduate Public Health Scholars Program.
Rural Health.--The agreement requests CDC assess and submit
a report within 180 days of enactment of this Act on the
agency's rural-focused efforts and how to strengthen such
efforts. The report shall include a review of CDC's recent work
to address public health needs in rural America, a catalogue of
CDC staff who have been specifically devoted to these
activities, and a professional budget justification of what
additional activities CDC would undertake in this area, given
additional resources.
National Institutes of Health (NIH)
The agreement provides $44,959,000,000 for NIH, including
$496,000,000 from the 21st Century Cures Act (P.L. 114-255), an
increase of $2,250,000,000, or 5.3 percent, above fiscal year
2021. The agreement provides a funding increase of no less than
3.4 percent above fiscal year 2021 to every Institute and
Center (IC).
The agreement appropriates funds authorized in the 21st
Century Cures Act. Per the authorization, $194,000,000 is
transferred to the National Cancer Institute (NCI) for cancer
research; $76,000,000 to the National Institute of Neurological
Disorders and Stroke (NINDS) and $76,000,000 to the National
Institute on Mental Health (NIMH) for the BRAIN Initiative; and
$150,000,000 will be allocated from the NIH Innovation Fund for
the All of Us precision medicine initiative.
The Common Fund is supported as a set-aside within the
Office of the Director at $657,401,000. In addition,
$12,600,000 is provided to support pediatric research as
authorized by the Gabriella Miller Kids First Research Act
(P.L. 113-94).
The agreement directs NIH to include updates on the
following research, projects, and programs in the fiscal year
2023 Congressional Justification: closing congenital heart
disease research gaps; efforts to enhance childhood cancer
research efforts, including coordination efforts already
underway through the Trans-NIH Pediatric Research Consortium;
Environmental Influences on Child Health Outcomes (ECHO),
including progress made by ECHO-funded research and efforts to
include a larger representation of indigenous children into the
national cohort; hearing health screening for older adults;
maternal infections; efforts to modernize and improve the
Surveillance, Epidemiology and End Results Registry; and
multiple sulfatase deficiency.
NATIONAL CANCER INSTITUTE (NCI)
Cancer Survivorship.--The agreement urges NCI to address
the unique needs of cancer survivors by continuing to allocate
robust funding for Cancer Survivor Support Programs.
Childhood Cancer Data Initiative (CCDI).--The agreement
includes $50,000,000 for the third year of the CCDI.
Childhood Cancer STAR Act.--The agreement includes no less
than $30,000,000 for continued implementation of sections of
the Childhood Cancer Survivorship, Treatment, Access, and
Research (STAR) Act.
Deadliest Cancers.--The agreement directs NIH to provide a
status update and timeline for the scientific framework (for
gastric, esophageal, and gastroesophageal junction cancers)
within 60 days of enactment of this Act.
Cancer Success Rates.--The agreement supports NCI's leading
role in advancing cancer research and is encouraged by the
scientific breakthroughs in genomics, computational science,
immunotherapy, and bioengineering made possible through
appropriations over the last decade. The agreement further
understands that these scientific advancements have led to a
substantial increase in NCI grant applications. To address this
ongoing issue, the agreement provides an additional
$150,000,000 to NCI.
Reducing Native American Cancer Disparities.--The agreement
urges NCI to continue to support and expand research efforts
focused on reducing cancer disparities among Native American
populations, which experience overall cancer incidence and
mortality rates which are much higher than non-Native
populations. The agreement encourages NCI to continue to
support efforts to develop durable capacity for Tribally-
engaged cancer disparities research through an integration of
research, education, outreach, and clinical access.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE (NHLBI)
Cardiovascular Disease Research.--The agreement remains
concerned about the prevalence of cardiovascular disease among
Americans and supports research into cutting-edge
cardiovascular research and drug discovery. This research
should focus across disciplines of medicine, immunology,
imaging, chemistry, biomedical engineering, physics,
statistics, mathematics, and entrepreneurship to design new
therapies and therapy delivery systems and strategies that are
safer, more effective, and improve patient compliance.
Community Engagement Alliance Against COVID-19 Disparities
(CEAL) Initiative.--The agreement includes $20,000,000 for the
CEAL initiative. This initiative will connect researchers with
community organizations and leaders to conduct outreach and
increase participation of people from underrepresented
communities in clinical trials for COVID-19 treatments and
vaccines.
Congenital Heart Disease (CHD).--The agreement encourages
NHLBI to prioritize CHD activities outlined in its strategic
plan, including improving understanding of outcomes and co-
morbidities, modifying treatment options across the lifespan,
and accelerating discovery, analysis, and translation by
leveraging CHD registries and networks.
Hemophilia.--The agreement encourages NHLBI to pursue the
recommended research agenda from the 2018 State of the Science
Workshop, such as longitudinal studies to determine the factors
that influence inhibitor development.
Hypertension Prevention Research.--The agreement recommends
that NIH prioritize research funding on the impacts of exercise
and aspirin on hypertension.
Lymphedema (LE).--The agreement directs NHLBI to increase
support for research on LE and to establish a Research
Condition Disease Categorization category for research related
to lymphedema.
National Commission on Lymphatic Diseases.--The agreement
directs NIH to establish a National Commission on Lymphatic
Diseases and to engage with relevant Institutes, Centers, and
external stakeholders in establishing this Commission. The
agreement directs NIH to provide an update on progress to
establish the Commission within 60 days of the enactment of
this Act.
Pulmonary Fibrosis (PF).--The agreement recognizes that
pulmonary fibrosis encompasses more than 200 different lung
diseases that have many similarities despite having a variety
of causes. This heterogeneity presents significant challenges
for diagnosis and treatment. Accordingly, the agreement is
pleased that the Institute-funded PRECISIONS study, which is
testing a potential new treatment and aims to identify genetic
variants for certain forms of PF, has moved ahead
notwithstanding the challenges posed by the COVID-19 pandemic.
Given the grim prognosis for most PF patients, the agreement
also recognizes the critical need for other areas of research,
particularly on common fibrosis pathways, as well as patient-
centered clinical research. With additional resources and
focus, additional disease mechanisms can be identified, which
would allow for enhanced patient-centered care for all of those
affected by PF. The agreement requests an update in the fiscal
year 2023 Congressional Justification.
Pulmonary Hypertension.--The agreement encourages NHLBI to
continue supporting research into this devastating condition
and work with stakeholders to advance priorities such as better
understanding disease progression and the relationship to
COVID-19, and improving patient care management and clinical
outcomes.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH (NIDCR)
National Dental Practice-Based Research Network (NDPBRN).--
The agreement recommends that the NIDCR continues funding
support of NDPBRN.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
(NIDDK)
Type 1 Diabetes.--Given the growing prevalence of diabetes,
the agreement is concerned that additional research is needed
to determine how to improve the treatment of diabetic foot
ulcers to reduce amputations, and urges NIDDK to support such
efforts. Further, given the aging population, the agreement
urges NIDDK to work with NIA to explore the relationship
between diabetes and neurocognitive conditions, such as
dementia and Alzheimer's disease.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Frontotemporal Degeneration Research (FTD).--The agreement
encourages NIH to continue to support a multi-site network of
clinical centers to study genetic and sporadic cases of FTD and
maintain progress toward biomarker discovery and drug
development in clinical trials. To maximize the value of public
investment in these projects and other research, the agreement
encourages NIH to improve the secure sharing of data and
biological samples from clinical and research settings in a
uniform manner, making sure to include all forms of dementia,
as different dementias can have similar root causes and
pathologies. Development of a data biosphere that supports
broad sharing of datasets will enable the broader community of
researchers to bring their expertise to bear on the challenges
currently confronting Alzheimer's disease and related dementia
disorders. The agreement also urges NIH to support efforts to
ensure that federally funded dementia research will benefit all
families impacted by FTD and other neurodegenerative diseases,
regardless of age, racial, ethnic, cultural, socioeconomic, and
geographic background.
Opioids, Stimulants, and Pain Management.--The agreement
includes no less than the fiscal year 2021 level for the HEAL
Initiative.
Pain and Addiction Collaborative Research.--The agreement
recommends that NIH encourage collaborative research awards
through NINDS and the NIDA for pain and addiction treatment and
research.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
Cellular Immunity.--The agreement supports NIAID advancing
efforts to incorporate cell-mediated immunity assessment into
the wide range of intramural and extramural COVID-19 studies
conducted and supported by NIH, including but not limited to
vaccine schedule studies and understanding post-acute sequalae
of SARS-CoV-2 infection.
Centers for AIDS Research.--The agreement includes
$71,000,000, an increase of $10,000,000, for this activity as
part of the Ending the HIV Epidemic initiative.
Consortium of Food Allergy Research (CoFAR).--The agreement
includes $9,100,000, an increase of $3,000,000, for CoFAR to
expand its clinical research network to add new centers of
excellence in food allergy clinical care and to select such
centers from those with proven expertise in food allergy
research.
Herpes Simplex Virus.--The agreement is concerned with the
correlation between Herpes Simplex Virus and cognitive decline,
including a growing body of research indicating HSV as a
contributing factor to Alzheimer's disease, Encephalitis, and
Bell's Palsy, among other neurodegenerative diseases. The
agreement encourages NIAID to prioritize research and
development of curative approaches to Herpes Simplex Virus.
Lyme Disease and Other Tick-Borne Diseases.--The agreement
includes a $18,000,000 increase for Lyme Disease and other
tick-borne illnesses research. The agreement encourages NIAID
to use these funds to prioritize the support of meritorious
research that informs a better understanding of Lyme disease
pathogenesis and encourages the development of improved
diagnostics and vaccines. The agreement directs NIH to leverage
this understanding to develop new tools that can more
effectively prevent, diagnose, and treat Lyme disease,
including long-term effects, and other tick-borne diseases. The
agreement encourages the promotion and development of potential
vaccine candidates for Lyme disease and other tick-borne
diseases. The agreement directs NIH to conduct research to
better understand modes of transmission for Lyme and other
tick-borne diseases, including vertical transmission. The
agreement urges NIH to incentivize new investigators to enter
the field of Lyme disease and other tick-borne disease
research. The agreement directs NIH to coordinate with CDC on
publishing reports that assess diagnostic advancements, methods
for prevention, the state of treatment, and links between tick-
borne disease and psychiatric illnesses.
Regional Biocontainment Laboratories (RBL).--The agreement
directs $52,000,000 to be evenly divided among the 12 RBLs to
support efforts to prevent, prepare for, and respond to
infectious disease outbreaks, including, but not limited to:
(1) conducting research on developing testing for antiviral
compounds, new vaccines, and point of care tests; (2)
conducting research on validating methods for identifying
suitable convalescent plasma for screening donors and other
prophylactic methods to prevent infections; (3) supporting
operations costs and facilities upgrades for purchase of
equipment to speed drug discovery and testing; and (4) training
new researchers in biosafety level 3 practices.
Responding to Infectious Diseases.--The agreement provides
no less than $540,000,000, an increase of $15,000,000, to
support NIAID research to combat antimicrobial resistance (AMR)
and the training of new investigators to improve AMR research
capacity as outlined in the 2020-2025 National Action Plan to
Combat Antibiotic-Resistant Bacteria. The agreement directs
NIAID to work with other HHS agencies to provide the briefing
described under the section of the explanatory statement
dealing with the Office of the Secretary. In addition, NIAID
should describe the focus of its initiatives to strengthen and
diversify the ID/HIV research workforce for fiscal years 2022-
2023.
SARS-CoV-2-Immunity: Understanding Diversity and Addressing
Disparity.--The agreement includes $5,000,000 to engage with
not-for-profit research institutes and/or academic institutions
to undertake a series of deep immune profiling studies of
individuals who acquired the SARS-CoV-2 virus in these
underserved and understudied population communities with the
intent of demonstrating a proven pipeline to ascertain immune
dysfunction and outcomes applicable to any human condition or
population.
Universal Flu Vaccine.--The agreement provides not less
than $245,000,000, an increase of $25,000,000, for research to
develop a universal influenza vaccine.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Increasing Diversity in Biomedical Research.--The agreement
provides an increase of $6,359,000 for NIGMS for programs,
including but not limited to the Maximizing Opportunities for
Scientific and Academic Independent Careers, Minority Access to
Research Careers, Bridges to the Baccalaureate, Undergraduate
Research Training Initiative for Student Enhancement, and the
new programs under development, including the Advancing
Research Careers diversity program for PhD to postdoctoral
transitions and the Diversity Medical Science Training Program,
that train the next generation of scientists while enhancing
the diversity of the biomedical research workforce and enabling
promising scientists to pursue high-risk, high-reward research.
Institutional Development Awards (IDeA).--The agreement
provides $410,453,000, an increase of $13,384,000, for the IDeA
program.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT (NICHD)
Impact of COVID-19 on Children.--The agreement includes an
increase of $7,500,000 for NICHD to support additional research
into multisystem inflammatory syndrome in children (MIS-C) and
other ways in which COVID-19 affects children.
Implementing a Maternal Health and Pregnancy Outcomes
Vision for Everyone (IMPROVE) Initiative.--The agreement
includes $43,400,000, an increase of $30,000,000, for the
IMPROVE Initiative.
Physical Activity Promotion and Obesity Prevention for
Preschool Children.--The agreement encourages NIH to support
research to identify sustainable physical activity
interventions for preschool children.
Research in Pregnant and Lactating Women.--The agreement
includes $1,500,000 within NICHD to contract with the National
Academies of Science, Education, and Medicine (NASEM) to
convene a panel with specific legal, ethical, regulatory, and
policy expertise to develop a framework for addressing
medicolegal and liability issues when planning or conducting
research specific to pregnant people and lactating people.
Specifically, this panel should include individuals with
ethical and legal expertise in clinical trials and research;
regulatory expertise; plaintiffs' attorneys; pharmaceutical
representatives with tort liability and research expertise;
insurance industry representatives; Federally funded
researchers who work with pregnant and lactating women;
representatives of institutional review boards; and health
policy experts.
NATIONAL INSTITUTE ON AGING (NIA)
Addressing Participant Diversity in Clinical Trials.--The
agreement encourages NIH to establish an operating efficiency
working group to conduct an assessment of NIA's internal
infrastructure needs related to research operations,
recruitment and engagement--with an emphasis on
underrepresented communities--and report back to the Committees
within 180 days of enactment of this Act. This review should
assess gaps related to the infrastructure needed to ensure its
Federally-funded clinical trials are well-designed and
accessible to underrepresented communities at greatest risk of
Alzheimer's disease and related dementias and outline the
resources needed to address identified gaps, including the
appropriate staffing levels needed to support research
optimization, grant oversight, and compliance.
Alzheimer's Disease and Related Dementias.--The agreement
provides an increase of $289,000,000. Within 30 days of release
of the fiscal year 2023 budget, NIA is directed to provide the
Committees a summary of specific accomplishments it has
achieved in ADRD research and its priorities for the coming
year. These will focus on specific scientific questions NIA has
answered in the past year, expects to answer in the next two
years, and would use the funding requested in fiscal year 2023
to answer in its pursuit of treatments and a cure. NIA is
directed to provide similar specific details to the Committees
within 60 days of enactment of this Act for its fiscal year
2023 Professional Judgement Budget that it released in August
2021, and in future Professional Judgement Budgets. The
agreement requests the NASEM to brief the Committees within 60
days of enactment of this Act on the resources it could bring
to support efforts to identify and pursue the most promising
areas of research into preventing and treating ADRD.
Center on Exposome Studies in Alzheimer's Disease and
Related Dementias (ADRD).-- The agreement directs NIA to
establish research infrastructure in the form of a Center(s) on
Exposome Studies in ADRD, as described in House Report 117-96,
and includes $15,000,000 to facilitate these efforts.
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
E-cigarettes.--The agreement encourages NIDA to conduct
interdisciplinary research on the relationship between the
vaping of tobacco and marijuana, with an emphasis on risk
perceptions, decision-making and neuroscience. NIDA is also
encouraged to support targeted research on the use and
consequences of e-cigarettes in pediatric populations.
Opioids, Stimulants, and Pain Management.--The agreement
includes no less than $345,295,000 for the HEAL Initiative.
Medication-assisted Treatment for Methamphetamines.--While
there are currently approved medications for alcohol and opioid
addiction, there remains no FDA-approved medication for
methamphetamine addiction. The agreement urges NIDA to continue
their ongoing trials to expeditiously find and approve a
treatment for methamphetamine.
Methamphetamine and Other Stimulants.--The agreement
encourages NIDA to examine the cardiovascular effects of
methamphetamine misuse and implications for treatment, and to
partner with institutions in areas with higher numbers of
methamphetamine-related deaths compared to opioid-related
deaths and that have demonstrated research expertise in
methamphetamine and cardiovascular diseases.
Overdose Prevention Centers.--The agreement acknowledges
the controversial nature of Overdose Prevention Centers and
encourages NIDA to support research on the potential public
health impacts of these centers.
Pain and Addiction Collaborative Research.--The agreement
recommends that the NIH encourage collaborative research awards
through NINDS and the NIDA for pain and addiction treatment and
research.
NATIONAL INSTITUTE OF MENTAL HEALTH (NIMH)
Impact of COVID on Mental Health.--The agreement includes
an increase of $20,000,000 for NIMH to expand research on the
impact of the COVID 19 pandemic on mental health.
Veteran Suicide Prevention.--The agreement is aware of NIMH
collaborations with the Department of Veterans Affairs (VA) and
the Department of Defense (DoD) to strategically plan and
coordinate research particularly around the area of suicide.
The agreement encourages NIMH to continue to support research
related to veteran suicide in the context of the NIMH suicide
prevention portfolio, and to work with VA and DoD to identify
gaps or opportunities where NIMH research may enhance suicide
mitigation efforts for this at-risk population.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE (NHGRI)
Data-sharing and Privacy.--The agreement encourages NIH to
convene a working group to determine whether there are national
security risks associated with potential collaborations where
individually identifiable health information of the people of
the U.S. is exchanged. This working group should evaluate what
types of data sharing could pose a national security risk among
private, public, and academic institutions that partake in
science and technology research and their research partners,
with a focus on international partners. This should include a
review of what circumstances would constitute a sharing of data
and make recommendations regarding areas where Federal agencies
can coordinate to increase education to such private and
academic research institutions that partake in science and
technology research to ensure the institutions can better
protect themselves from national security threats with a
strengthened understanding of intellectual property rights,
research ethics, data misuse, as well as education on how to
recognize and report such threats.
Emerging Centers of Excellence in Genomic Sciences.--The
agreement includes no less than $15,000,000 for this activity
as described in House Report 117-96.
Germline RUNX1 Mutations.--The agreement commends NHGRI for
collaborating with NCI to launch and maintain the RUNX1--FPD
Clinical Research Study, the only longitudinal natural history
study of patients with germline RUNX1 mutations and their
families. This study has broad implications for the fields of
hematology and oncology because it offers researchers the rare
opportunity to monitor the genomic evolution of cancer within a
precancerous population in real time. The agreement urges NHGRI
to provide additional resources for the study to allow more
patients to participate. In addition, the agreement encourages
NHGRI to continue to work towards implementation of an open-
source database to share data in real-time for the benefit of
the entire research community and the patients and their
families searching for answers.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH (NCCIH)
Creative Arts Therapy.--The agreement recognizes the
potential of creative art therapies as tools to address
disorders of aging. However, clinical studies on these
applications either have been limited in scale, not designed
within a scientific and statistically significant framework, or
produced only anecdotal results. The Trans-NIH Music and Health
Work Group is currently developing a toolkit to improve future
clinical trials for music-based interventions to treat and
prevent disorders of aging. NCCIH is directed to provide the
Committees with a report within 180 days of enactment of this
Act on the progress of the toolkit's development and any plans
for pilot projects to test and refine the toolkit, including
future funding needs.
Pain and Pain Management Research.--The agreement urges
NIH, along with DoD and VA, to continue to support research on
non-pharmacological treatments for pain management and
comorbidities including opioid abuse and disorders in military
personnel, veterans, and their families. The agreement urges
the NIH, VA, and DOD to expand research on non-pharmacological
treatments to ensure the best quality of care for veterans and
service members. The Comprehensive Addiction and Recovery Act
(P.L. 114-198) calls for an expansion of research and education
on and delivery of complimentary and integrative health to
veterans, and the NCCIH can play an important role in
coordinating efforts with the VA, DOD, and other relevant
agencies.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Cardiovascular Disease (CVD).--CVD, including heart disease
and stroke, is the leading cause of death in the U.S. and
worldwide, disproportionally affecting minority populations,
and accounting for approximately 1 in 3 CVD events in U.S.
adults. The agreement encourages NIMHD to focus funding on
reducing disparities in CVD in African Americans from the rural
South and among poor people, where the burden is significant.
Chronic Diseases and Health Disparities.--In fiscal year
2021, NIMHD undertook an initiative to support regional
comprehensive research and coordinating centers on the
prevention, treatment, and management of multiple chronic
diseases associated with health disparities. The agreement
remains strongly supportive of this effort and includes
sufficient funding for NIMHD to continue this effort in fiscal
year 2022.
Health Disparities Research.--The agreement includes an
increase of $50,000,000 for NIMHD to support research related
to identifying and reducing health disparities.
Research Centers in Minority Institutions.--The agreement
recognizes the importance of the RCMI Research Coordination
Network in ensuring that collectively, institutions can engage
in multi-site collaborative research, and provides $5,000,000
for this activity.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)
Advanced Genomic Technologies.--The agreement strongly
supports NCATS, in collaboration with the NIH All of Us
Research Program, continuing to apply and evaluate advanced
genomic technologies, specifically long-read genome sequencing.
Collaboration with multiple entities including research
institutes with expertise in the application of short-read
sequencing in rare genetic disorders and depth of experience
with long-read sequencing; academic and clinical institutions
with the capability to identify and include family units to
participate in this effort; and clinical geneticists with
extensive experience in variant identification and analysis is
strongly encouraged. Special emphasis should be placed on the
inclusion of minority populations.
Clinical and Translational Science Awards (CTSAs).--The
agreement includes $606,646,000 for the CTSA program, an
increase of $19,805,000 above the fiscal year 2021 enacted
level. The agreement maintains its strong support for the CTSA
program and commends the national network for their efforts to
modernize the translation of research into health benefits
across the full spectrum of medical research, for their
contributions to the COVID-19 response, and for addressing
health disparities, health equity, and enhancing rural care.
The agreement is concerned the recent CTSA Funding Opportunity
Announcement (FOA) could alter the CTSA's strategic direction
and divert appropriated resources intended for CTSA hubs.
Resources provided by the agreement are intended to enhance
funding for hubs, thus bolstering the national network.
Therefore, NCATS is directed to ensure that any CTSA hub that
has successfully recompeted through the new FOA does not
receive more than a 5 percent reduction in total annual support
for its core hub responsibilities. In addition, the agreement
directs that all CTSA hub partner organizations that contribute
key resources and expertise to a CTSA hub's translational work
should continue to be treated as full partners, including
treatment of their entire NIH research enterprises in the
calculation of hub budgets. This will support local CTSA hubs
and maintain collaborations with community organizations and
research and academic partners that expand the full spectrum of
research and translation, and foster innovation. Further, the
agreement strongly encourages NCATS to fund expanded programs
that address the significant disparities and burden of disease
disproportionally affecting minority and special populations
and to substantively respond. Finally, the agreement reiterates
previous direction that NCATS inform the Committees prior to
any planned changes to the size of hub awards, scope of the
program, or strategic changes to the program, specifically
noting that the Committees shall be consulted prior to any new
CTSA initiatives being implemented.
Cures Acceleration Network (CAN).--The agreement continues
its support for CAN to further reduce barriers between research
discovery and clinical trials at $60,000,000, the same as the
fiscal year 2021 enacted level. The agreement urges NCATS to
consider supporting activities within CAN and other NCATS'
offices or divisions that focus on precision medicine--from
precision prevention, to precision diagnosis, to precision
therapeutics. Activities should also include the ability to
generate the data to demonstrate the efficacy and cost
effectiveness of precision medicine.
Full Spectrum of Medical Research.--The agreement supports
NIH's efforts to advance the full spectrum of medical research,
which ensures breakthroughs in basic science are translated
into therapies and diagnostic tools that benefit patient care
while disseminating cutting-edge information to the
professional community. The agreement notes the importance of
flagship initiatives, including CTSAs, to these important
efforts.
OFFICE OF THE DIRECTOR (OD)
All of Us Research Program/Precision Medicine Initiative.--
The agreement provides a total of $541,000,000 for the All of
US precision medicine initiative, $41,000,000 above the fiscal
year 2021 enacted level. The agreement directs NIH to continue
its efforts to recruit and retain participants from
historically underrepresented populations in biomedical
research, and to expand its efforts to enroll participants from
geographically diverse communities. To achieve this diversity,
NIH is encouraged to support additional avenues for enrollment
from the Midwest and Great Plains regions that facilitate
participation from both rural and urban communities. These
efforts will help ensure that All of Us scientific resources
reflect the rich diversity of our country and that advances
made from this program will benefit the health of all
Americans.
Alternatives to Animals in Research and Testing.--The
agreement directs NIH to submit a report not later than 180
days after enactment of this Act on the programs to support the
use of alternatives to animals in research, including: (1) what
programs currently exist at NIH for developing, promoting, and
funding alternatives to animal research and testing; and (2) a
plan for including the reduction, where possible and
appropriate, the number of animals used in Federally-funded
research and testing.
Alzheimer's Disease and Dementia Screening Tools.--The
agreement urges NIH to update its analysis of validated
screening tools, including digital screening tools that can
reliably detect mild cognitive impairment. This review should
focus on identifying tools that have been developed in the time
since the last assessment was conducted and on providing
information to assist healthcare providers in regularly using
such tools to assess the cognitive health of their patients.
Amyotrophic Lateral Sclerosis (ALS).--The agreement is
aware of the significant need to expand scientific
understanding of ALS and to translate the science more rapidly
into effective treatments that can make ALS a livable disease.
To achieve these outcomes as soon as possible, the agreement
includes $25,000,000 to implement the Accelerating Access to
Critical Therapies for ALS Act (P.L. 117-79). The agreement
directs NIH to organize a trans-agency initiative to develop an
ALS research strategic plan, as described in House Report 117-
96. The agreement strongly supports the Transformative Research
Award program for ALS and directs the Director to continue to
fund this critical initiative in fiscal year 2022. Finally, the
agreement includes $1,000,000 to commission a study by NASEM to
identify and recommend actions for the public, private, and
nonprofit sectors to undertake to make ALS a livable disease
within a decade.
Animal Model Validation.--The agreement encourages NIH to
provide a report to the Committees no later than one year after
enactment outlining the progress of its efforts to improve
animal model validation, support the development of models to
improve translation, and what additional funding may be
required.
Analyzing Sex and Race/Ethnicity Differences and Long-Term
Health Effects of COVID-19.--To better understand how sex
differences and race/ethnicity variables are implicated in the
severity of the COVID-19 pandemic, the agreement encourages the
ICs in coordination with the OD and Office of Research on
Women's Health to support research that studies how sex as a
biological variable and social element, and race/ethnicity
variables impact short and long-term outcomes due to infection
with SARS-CoV-2.
Artificial Intelligence/Big Data.--The agreement directs
NIH to develop best practices to standardize controlled data
access processes. Such an effort will streamline access,
support the emerging NIH data science infrastructure, and meet
the needs of the research community while preserving the
original protections agreed to when the data were collected,
taking into account potential cost and burden. It should
consider lessons learned from past efforts, review emerging
processes and technologies being piloted by ICO repositories,
and develop new potential solutions that leverage technological
advancements. The agreement directs NIH, within one year after
enactment of this Act, to develop and present recommendations
for: potential common solutions for streamlining and
centralizing controlled access mechanisms through
implementation improvements and use of emerging technological
advancements; make controlled access data stored in NIH-
operated and supported repositories more findable and
accessible; and assess the extent to which increased
interoperability of controlled access repositories leads
inadvertently to gaps in oversight and control, including
explicit consideration of increased re-identification risk. The
agreement directs ODSS and NLS to continue to provide quarterly
updates to the Committees on its efforts.
Biomedical Research Facilities.--The agreement provides
$60,000,000 for grants to public and/or not-for-profit entities
to expand, remodel, renovate, or alter existing research
facilities or construct new research facilities as authorized
under 42 U.S.C. section 283k.
BRAIN Initiative.--Overall, the agreement provides
$620,000,000 for the BRAIN Initiative, including $152,000,000
authorized in the Cures Act. The overall funding level includes
$70,000,000 for the Human Brain Cell Atlas; $30,000,000 for the
Armamentarium for Brain Cell Access; and $10,000,000 for the
Brain Connectivity Map.
Building Diversity in Cell Models of Human Disease.--The
agreement encourages NIH to consider funding the development of
a specialized suite of ethnically diverse and tissue-specific
cell lines with structures labeled for studying disease
mechanism and detection. If funded, the originating cells
should be collected from volunteers in a culturally sensitive
manner who have consented to allow for derivation of cell
line(s), distribution, and use. NIH should consider
collaborating with experienced research community leaders in
building cell line collections that are publicly accessible.
Cerebral Palsy.--The agreement strongly encourages NIH to
strengthen, accelerate, and coordinate cerebral palsy research
across the lifespan, including in areas identified as
priorities in the 2017 NINDS/NICHD Strategic Plan for CP
Research, such as basic and translational discoveries,
including neuroprotective, regenerative medicine and mechanisms
of neuroplasticity, as well as studies aimed at early detection
and intervention, comparative effectiveness and functional
outcomes. The agreement encourages that a follow-up workshop be
held in 2022 in conjunction with key stakeholders to provide
updates on promising research to refine the specific
opportunities that were identified in the 5 to 10 year NIH
strategic plan, including early detection and intervention.
Chimera Research.--The agreement supports NIH's funding
limitation regarding the introduction of human pluripotent
cells into non-human vertebrate animal pre-gastrulation stage
embryos. The agreement takes seriously the bio-ethical
considerations regarding the creation of human-animal chimeras
and the continuation of research using these cells.
Collection and Reporting of Animal Research Numbers and
Agency Funding.--The agreement recognizes that Congress has
expressed an interest in reducing the use of nonhuman animals
in NIH-funded research and replacing animals with valid and
reliable non-animal alternatives when appropriate for the
science. In the National Institutes of Health Revitalization
Act of 1993, Congress first requested that the agency create a
plan for doing so. The agreement also recognizes the scientific
community's stated commitment to the ``three Rs'' of
replacement, reduction, and refinement. Integral to that
commitment are the accurate counting of animals used in
research and testing and the accurate reporting of NIH funding
dedicated to projects involving animals. The agreement
recognizes that it has been NIH's policy since 1985 to collect
an ``average daily inventory'' of vertebrate animals housed in
research facilities that wish to receive agency funding. The
agreement understands that domestic facilities are required to
file such documentation every four years as part of an Animal
Welfare Assurance and that copies of the documents are
available to the public only through Freedom of Information Act
requests. The agreement requests a report from NIH within one
year of enactment of this Act outlining a plan for
collaborating with USDA to increase the accuracy and
transparency of the data collected. The plan should also
include details on how NIH will address any incomplete
reporting of NIH funded research with animals and encourage
prospective documentation of study design and analysis plans.
Communications with the Committees.--NIH shall consult with
the Committees prior to additional changes with the
Congressional liaison staff. NIH shall notify the Committees of
any limitations to full compliance with directives included in
a report or explanatory statement, and such notification shall
be provided within 15 days of the public release of any such
report or statement. In addition, NIH is directed to provide an
Excel spreadsheet with the fiscal year 2022 enacted level and
the fiscal year 2023 request level by Institute and Center,
including all ongoing or proposed initiatives by Institute or
Center, as well as any programs identified with a funding level
in the fiscal year 2022 explanatory statement, when the fiscal
year 2023 Congressional Justification is published.
Cybersecurity.--The agreement includes an increase of
$40,000,000 to strengthen cybersecurity at NIH.
Diversity of the Biomedical Research Workforce.--The
agreement directs NIH to study, to the extent possible, the
race, ethnicity, age, disability status, and career stage
breakdown of the impact of COVID-19 on participation in the
workforce by monitoring the types of awards received from and
awarded to institutions for 2 years beginning 90 days after
enactment of this Act. If pre-pandemic data on these
demographics are not available, the agreement directs the NIH
to collect them going forward. If the data demonstrate that
fewer women are applying for grants, then it is imperative that
NIH take steps to address this disparity. The agreement
requests a status update to the Committees from NIH on this
research in the fiscal year 2023 Congressional Justification,
as well as the steps being taken to maintain the diversity of
the research workforce.
Dual Purpose/Dual Benefit Research.--The agreement strongly
urges a continued partnership between NIH, National Institute
of Food and Agriculture, and the other relevant 115 Federal
research and development agencies to develop a next generation
interagency program using agriculturally important large animal
species. The agreement expects NIH to continue this important
cooperative partnership program to further strengthen ties
between human medicine, veterinary medicine, and animal
sciences, with the goal to improve animal and human health and
provide enhanced applicability and return on investment in
research.
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.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000, the same level as fiscal year
2021, to conduct research on firearm injury and mortality
prevention. Given violence and suicide have a number of causes,
the agreement recommends NIH take a comprehensive approach to
studying these underlying causes and evidence-based methods of
prevention of injury, including crime prevention. All grantees
under this section will be required to fulfill requirements
around open data, open code, pre-registration of research
projects, and open access to research articles consistent with
the National Science Foundation's open science principles. The
Director is to report to the Committees within 30 days of
enactment of this Act on implementation schedules and
procedures for grant awards, which strive to ensure that such
awards support ideologically and politically unbiased research
projects.
Foreign Influence.--To support NIH's efforts to
expeditiously complete foreign influence investigations, the
agreement includes $2,500,000 for this activity within the
Office of Extramural Research. The agreement directs NIH to
provide biannual briefings on the progress of these
investigations.
Humane Research Alternatives.--Recognizing that humane,
cost-effective, and scientifically suitable non-animal methods
are available for certain research models, the agreement
directs NIH to appoint a working group to make recommendations
for encouraging the use of non-animal models where appropriate
in NIH intramural and extramural research, including
epidemiological and clinical studies, cell-based methods,
computer modeling and simulation, and human tissue studies,
with consideration for complexity of the biomedical research
area, and the current applicability and translatability of the
non-animal model. The panel should also report on effectively
moving research away from methods that rely on poorly-defined
animal models to methods that rely on validated non-animal
alternatives. The working group should review and recommend
means of encouraging greater reliance on validated human-
relevant non-animal methods/approaches that are appropriate for
identified research areas. Membership should include
individuals with proven knowledge of/experience with non-animal
research methods; with proven knowledge of/expertise with
animal research models; with expertise in evaluating the
adequacy of justifications described in research applications
and proposals for why the research goals cannot be accomplished
using an alternative model; and with knowledge of research
animal welfare, and relevant scientific limitations. The
Committee asks that NIH provide a report of the working group's
findings within 180 days of enactment of this Act.
IDeA States Pediatric Clinical Trials Network.--The
agreement includes no less than the fiscal year 2021 funding
level to continue this program.
INCLUDE Initiative.--The agreement includes no less than
$75,000,000, an increase of $10,000,000 above the fiscal year
2021 enacted level, within OD for the INCLUDE Initiative. The
agreement is pleased that this multi-year, trans-NIH research
initiative has enabled significant advances in understanding
immune system dysregulation, new research into the connection
with Alzheimer's disease, and the creation of national Data
Coordinating Center, all of which may dramatically improve the
health and quality of life of individuals with Down syndrome as
well as millions of typical individuals. The agreement
encourages NIH to pursue some of the most neglected areas of
research and care such as health disparities for African
Americans with Down syndrome, mosaic Down syndrome, those with
the dual diagnosis of Down syndrome and autism, and new studies
on metabolic dysregulation. The agreement requests the Director
provide an updated plan within 60 days of enactment of this Act
that includes a timeline, description of potential grant
opportunities and deadlines for all expected funding
opportunities so that young investigators and new research
institutions may be further encouraged to explore research in
this space. This plan should also incorporate and increase
pipeline research initiatives specific to Down syndrome.
Long Haul COVID-19.--The agreement directs NIH to post on
its website a summary of the status of the RECOVER Initiative
at least every 6 months and, as appropriate, any findings from
the study.
Chimpanzee Maintenance, Care, and Transportation.--The
agreement directs NIH to provide a report to the Committees
quarterly, beginning no later than June 1, 2022, that shall
include: (1) the number of chimpanzees transported to the
national sanctuary over the last quarter; (2) a census of all
government-owned and supported chimpanzees, remaining, if any,
at the Alamogordo Primate Facility (APF), the Keeling Center
for Comparative Medicine and Research (KCCMR), or the Southwest
National Primate Research Center (SNPRC); and (3) a list of any
chimpanzee deaths, including details on the cause of death and
the specific rationale behind any euthanasia decisions, that
have occurred at any time after January 1, 2020, at APF, KCCMR,
SNPRC, and the national sanctuary system.
Mucopolysaccharide (MPS) Diseases.--The agreement
encourages expanded research of treatments for neurological,
inflammatory, cardiovascular, and skeletal manifestations of
MPS, with an emphasis on gene therapy. The agreement encourages
the NIH, NCATS, and NINDS to increase funding to grantees to
incentivize MPS research, particularly given the aging and
small population of current researchers.
Office of AIDS Research.--The agreement includes no less
than $3,194,000,000 across NIH for HIV/AIDS research.
Office of Behavioral and Social Sciences Research
(OBSSR).--The agreement includes $38,932,000 for OBSSR.
Office of Research on Women's Health (ORWH).--The agreement
includes $59,480,000 for ORWH. Within this amount, the
agreement includes $4,000,000 for the Building
Interdisciplinary Research Careers in Women's Health (BIRCWH)
program to fund additional BIRCWH fellows at existing sites
with a goal of increasing the diversity of the scholars, sites,
and research areas supported by the program, and to expand the
number of sites to increase the number and skills of
investigators who conduct research on sex influences on health
and disease.
Office of the Chief Officer for Scientific Workforce
Diversity (COSWD).--The agreement includes $16,190,000 to the
Office of the COSWD.
Osteopathic Medical Schools.--The agreement recognizes that
increased access to research funding for the osteopathic
profession will significantly bolster NIH's capacity to support
robust recovery from the COVID-19 pandemic, address health
disparities in rural and medically-underserved populations, and
advance research in primary care, prevention, and treatment.
The agreement requests an update on the current status of NIH
funding to colleges of osteopathic medicine and representation
of doctors of osteopathic medicine on NIH National Advisory
Councils and standing study sections in the fiscal year 2023
Congressional Justification.
Pediatric Clinical Trials Authorized under Best
Pharmaceuticals for Children Act.--The agreement directs that
funding authorized by the Best Pharmaceuticals for Children Act
(P.L. 107-109) include research to prepare for and conduct
clinical trials.
Postural Orthostatic Tachycardia Syndrome (POTS).--
Approximately one-third of individuals infected with SARS-CoV-2
are developing long-lasting symptoms referred to as post-acute
sequelae of SARS-CoV-2 (PASC). A significant portion of
individuals with PASC experience moderate to severe autonomic
nervous system dysfunction 6 months after the onset of
infection. Reports suggest that the most common type of
autonomic nervous system dysfunction in PASC patients is POTS.
There are no FDA approved treatments for POTS or PASC
associated autonomic nervous system dysfunction at this time,
and patients suffer with significant disability and a poor
quality-of-life. The agreement encourages NIH to ensure that
the $1,150,000,000 investment Congress has provided to NIH for
PASC research is used, in part, to identify how viruses like
SARS-CoV-2 result in autonomic nervous system dysfunction, such
as POTS, and how we can most effectively treat PASC associated
autonomic nervous system dysfunction, including PASC associated
POTS. The agreement encourages NIH to leverage the expertise of
research centers that have previously studied post-viral POTS
in pursuing these important research questions.
Prenatal Opioid Use Disorders and Neonatal Abstinence
Syndrome (NAS).--The agreement encourages NIH to coordinate
with other agencies at HHS to support additional research on
prevention, identification, and treatment of prenatal opioid
exposure and NAS, including the best methods for screening and
treating pregnant women for opioid use disorder and the best
methods for screening for NAS. Additionally, the agreement
encourages NIH to build on the ACT NOW study to enhance
understanding of the impact of pharmacological and non-
pharmacological treatment techniques on costs and outcomes in
the short-term and longitudinally. The agreement further
encourages NIH to coordinate with other agencies at HHS to
support research on innovative care models to optimize care and
long-term outcomes for families.
Preventing Chronic Disease in Rural Areas.--The agreement
urges NIH support research to improve outcomes for rural
patients with chronic illnesses and improve abilities of
families of these patients to support their treatments.
Radiopharmaceuticals.--The agreement encourages NIH to
explore the use of new isotopes and novel applications for
radiopharmaceuticals and leverage next-generation advanced
manufacturing techniques for isotope production being made by
DOE-funded research universities and National Laboratories.
Rare Disease Research.--The agreement urges NIH to expand
research on rare genetic and chromosomal abnormalities, such as
7q11.23 Duplication Syndrome and Hereditary Spastic Paraparesis
49. The agreement requests an update on these activities in the
fiscal year 2023 Congressional Justification.
Research Involving Enhanced Potential Pandemic Pathogens.--
The agreement supports a robust evaluation of whether the HHS
Framework for Guiding Funding Decisions about Proposed Research
Involving Enhanced Potential Pandemic Pathogen Care and
Oversight has achieved its intended purpose and whether the
scope of research it covers is sufficient. The agreement
directs HHS and NIH to convene the National Science Advisory
Board for Biosecurity and conduct such a review.
State of Bereavement Care.--The agreement is aware of
research indicating that individuals and families suffer severe
health, social, and economic declines following the death of a
loved one-be it a child, sibling, spouse, or parent. The
agreement encourages OMH, ACF, CDC, CMS, HRSA, IHS, NIH, and
SAMHSA to examine their activities to advance bereavement care
for families, including prevalence of bereavement events and
the details of those events (what relationships are impacted,
how the loved one died and at what age), risk factors and
associated health events or outcomes, biological or
physiological changes in wellbeing, and what interventions, or
programs could help functional coping or adaptive processing.
Strategic Plan.--The agreement recognizes that NIH should
carefully consider national security considerations when
developing and executing their NIH-wide Strategic Plan.
Temporomandibular Disorders (TMD).--The agreement strongly
encourages OD to establish a National Collaborative Research
Consortium for TMDs to coordinate, fund, and translate basic
and clinical research. Research priorities may include
improvements to clinical outcomes; facial pain and sex factors;
population-based research to further understand the burden and
costs of TMDs; comparative effectiveness research on TMD
treatments; and artificial intelligence and novel data
approaches.
Trans-NIH Pediatric Research Consortium (N-PeRC).--The
agreement requests a report within 180 days after enactment of
this act on how N-PeRC plans to support studies of the
physical, mental and behavioral health impacts of COVID-19 on
children, including multisystem inflammatory syndrome in
children, as well as plans for N-PeRC's focus over the coming 3
years.
Tribal Health Research Office.--The agreement recognizes
the important work of the Tribal Health Research Office, but is
concerned that no such analogous office exists to support
Native Hawaiians (NH). The agreement encourages OD, in
coordination with NIMHD and other ICs, to prioritize addressing
the research needs of NH and to partner with entities with a
proven track record of working closely with NH communities and
organizations, which will allow for the development of NH
researchers.
Tuberous Sclerosis Complex (TSC).--The agreement
acknowledges NIH's updated 2016 TSC Research Plan and progress
advancing the plan. NIH should encourage research opportunities
in the five key areas prioritized by workshop participants.
Because TSC impacts multiple organ systems, the agreement
encourages the Director to coordinate the participation of ICs
on a research strategy aimed at addressing the medical and
neuropsychological burdens associated with TSC while
deciphering the biology underlying phenotypic heterogeneity.
The agreement encourages NICHD to facilitate development of a
viable newborn screening assay for TSC. The agreement
encourages the Director to apply recommendations from the 2017
Neurodevelopmental Disorders Biomarkers Workshop to take
advantage of biomarker expertise and lessons learned across
disease groups, the 2018 Accelerating the Development of
Therapies for Anti-Epileptogenesis and Disease Modification
workshop for which TSC is a model disorder given the ability to
diagnose TSC prior to onset of epilepsy, and the 2020 Curing
the Epilepsies workshop which highlighted TSC as one of the
best opportunities to prevent epilepsy.
BUILDINGS AND FACILITIES
The recommendation includes $250,000,000 for buildings and
facilities. The agreement directs NIH to continue to provide
quarterly updates of its efforts to develop best practices and
its maintenance and construction plans for projects whose cost
exceeds $3,500,000, including any changes to those plans and
the original baseline estimates for individual projects. It
also directs NIH to describe in its fiscal year 2023 and future
Congressional Justifications how the projects requested in its
budgets tie to its capital planning process, including the
RFAC's role in determining which projects are selected for
including in the budget.
The agreement increases the amount of funding appropriated
to Institutes and Centers that may be used for repairs and
improvements from $45,000,000 to $100,000,000 and raises the
per project cap from $3,500,000 to $5,000,000.
Substance Abuse and Mental Health Services Administration (SAMHSA)
MENTAL HEALTH
Certified Community Behavioral Health Clinics.--The
agreement includes increased funding.
Mental Health Block Grant.--The agreement again includes a
five percent set-aside of the total for evidence-based crisis
care programs as described in House Report 117-96.
National Child Traumatic Stress Initiative.--The agreement
includes an increase and directs SAMHSA to follow the
directives in House Report 117-96.
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Seclusion and Restraint............................... $1,147,000
Project AWARE......................................... 120,001,000
Mental Health Awareness Training...................... 24,963,000
Behavioral Health Crisis and 988 Coordinating Office.. 5,000,000
Mental Health Crisis Response Grants.................. 10,000,000
Healthy Transitions................................... 29,451,000
Infant and Early Childhood Mental Health.............. 10,000,000
Interagency Task Force on Trauma Informed Care........ 1,000,000
Children and Family Programs.......................... 7,229,000
Consumer and Family Network Grants.................... 4,954,000
Project LAUNCH........................................ 23,605,000
Mental Health System Transformation................... 3,779,000
Primary and Behavioral Health Care Integration........ 52,877,000
National Strategy for Suicide Prevention.............. 23,200,000
Zero Suicide........................................ 21,200,000
American Indian and Alaska Native............... 2,400,000
Suicide Lifeline...................................... 101,621,000
Garrett Lee Smith--Youth Suicide Prevention--States... 38,806,000
Garrett Lee Smith--Youth Suicide Prevention--Campus... 6,488,000
American Indian and Alaskan Native Suicide Prevention 2,931,000
Initiative...........................................
Tribal Behavioral Grants.............................. 20,750,000
Homelessness Prevention Programs...................... 30,696,000
Minority AIDS......................................... 9,224,000
Criminal and Juvenile Justice Programs.............. 6,269,000
Assisted Outpatient Treatment......................... 21,000,000
Assertive Community Treatment for Individuals with 9,000,000
Serious Mental Illness...............................
Science and Service:
Garrett Lee Smith--Suicide Prevention Resource Center. 9,000,000
Practice Improvement and Training..................... 7,828,000
Primary and Behavioral Health Integration Technical 1,991,000
Assistance...........................................
Consumer & Consumer Support Technical Assistance 1,918,000
Centers..............................................
Minority Fellowship Program......................... 10,059,000
Disaster Response..................................... 1,953,000
Homelessness.......................................... 2,296,000
------------------------------------------------------------------------
Behavioral Health Crisis and 988 Coordinating Office.--The
agreement includes $5,000,000 for the Office of the Assistant
Secretary for Mental Health and Substance Use to establish an
office dedicated to the implementation of the 988 National
Suicide Prevention Lifeline (Lifeline) and coordination of
behavioral health crisis care across HHS operating divisions,
including CMS and HRSA. The office will support technical
assistance and coordination of the nation's crisis care
network, the implementation of the 988 Lifeline, and the
development of a crisis care system with the objective of
expanding crisis care services and follow-up care, including
through services provided by Federally Qualified Health
Centers, Community Mental Health Centers, Certified Community
Behavioral Health Clinics, and other community providers.
Additionally, the office will coordinate with first responders
including the 911 system so that behavioral health crisis
services are well integrated into emergency care. The agreement
requests that SAMHSA provide a report to the Committees within
180 days of enactment of this Act outlining a nationwide crisis
care system plan of action.
Infant and Early Childhood Mental Health.--The agreement
directs SAMHSA to continue to allow a portion of additional
funds provided for technical assistance to existing grantees,
to better integrate infant and early childhood mental health
into State systems.
Mental Health Awareness Training.--The agreement includes
an increase and directs SAMHSA to continue to include as
eligible grantees local law enforcement agencies, fire
departments, and emergency medical units with a special
emphasis on training for crisis de-escalation techniques.
SAMHSA is also encouraged to allow training for veterans and
armed services personnel and their family members.
Mental Health Crisis Response Grants.--The agreement
includes new crisis response grants as directed in House Report
117-96.
National Suicide Prevention Lifeline.--The agreement
includes an increase to prepare for the launch of a new 988
number in July 2022, including for specialized services as
detailed in House Report 117-96. The agreement directs SAMHSA
to keep the Committees fully apprised of progress toward this
launch. SAMHSA is directed to provide a briefing with a status
update within 60 days of enactment of this Act, to provide a
briefing within 60 days of the launch of 988, and as necessary
throughout the year.
Project AWARE.--The agreement includes an increase for
school-and campus-based mental health services and support. Of
the amount provided, the agreement directs $12,500,000 for
grants to support efforts in high-crime, high-poverty areas
and, in particular, communities that are seeking to address
relevant impacts and root causes of civil unrest, community
violence, and collective trauma. The agreement requests SAMHSA
submit a report to the Committees within 180 days after
enactment of this Act outlining grantee efforts. The agreement
recognizes that the COVID-19 pandemic has increased the need
for school and community-based trauma services for children and
their families. Accordingly, within this increase, the
agreement provides $7,000,000 to increase student access to
evidence-based, culturally relevant, trauma support services
and mental health care through established partnerships with
community organizations as authorized by section 7134 of the
SUPPORT Act (P.L. 115-271).
Projects for Assistance in Transition from Homelessness
(PATH).--The agreement recognizes that inadequate housing and
support opportunities exist for people with serious mental
illness. The agreement directs SAMHSA to encourage PATH
grantees to partner with public housing agencies in their
communities, and to use existing outreach and engagement
mechanisms to identify, qualify, and select individuals and
initiate housing support services to meet the individual's
needs.
SUBSTANCE ABUSE TREATMENT
Data Collection Review.--The agreement notes that as drug
overdose death rates continue to rise, federal data collection
requirements can present barriers to recipients of Federal
grant funds that provide services to individuals in need of
treatment and other services. Data collection is critically
important in determining the effectiveness of Federal
investments but should not create new barriers to services. The
agreement directs SAMHSA to review and update the data
collection requirements in the Government Performance and
Results Act (GPRA) of 1993 or otherwise required by SAMHSA
through rules or regulations for programs administered through
the Center for Substance Abuse Treatment. The agreement directs
SAMHSA to provide a briefing on the updated GPRA requirements
to the Committees 90 days after enactment of this Act.
Rural Opioid Technical Assistance (ROTA) Grants.--The
agreement is disappointed SAMHSA did not fund an additional
cohort of ROTA grants in fiscal year 2021 and strongly
encourages SAMHSA to fund additional grants in fiscal year
2022.
State Opioid Response (SOR) Grants.--The agreement provides
an increase, including for tribes and tribal organizations, and
directs SAMHSA to provide the Committees with a briefing on
whether additional flexibility is needed to ensure States are
able to spend these urgently needed funds. The agreement again
notes serious concern that longstanding guidance to the
Department to avoid a significant cliff between States with
similar mortality rates was overlooked in the award of fiscal
year 2020 funds. When making awards in fiscal year 2022, the
agreement directs the Assistant Secretary to award funds in a
manner that avoids funding cliffs between States with similar
mortality rates. The agreement notes that large swings in
funding between grant cycles can pose a significant challenge
for States seeking to maintain programs that were instrumental
in reducing drug overdose fatalities. The agreement continues
bill language that directs SAMHSA to submit the formula
methodology used in calculating SOR grants to the Committees
not less than 21 days prior to releasing the Funding
Opportunity Announcement. The agreement continues to direct
SAMHSA to conduct a yearly evaluation of the program to be
transmitted to the Committees no later than 180 days after
enactment and make such an evaluation publicly available on
SAMHSA's website.
SOR Overdose Data Report.--The agreement recognizes that
drug overdose mortality data collection and reporting is
complex, often with multi-substance use contributing to
mortality. The agreement encourages SAMHSA to evaluate the data
used to calculate SOR allocations, including whether accurate,
State-level data exists for mortality rates for opioid use
disorders and whether such data should be used to calculate the
15 percent set aside within SOR.
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Opioid Treatment Programs/Regulatory Activities....... $8,724,000
Screening, Brief Intervention, and Referral to 31,840,000
Treatment............................................
PHS Evaluation Funds............................ 2,000,000
Targeted Capacity Expansion--General.................. 112,192,000
Medication-Assisted Treatment for Prescription 101,000,000
Drug and Opioid Addiction......................
Grants to Prevent Prescription Drug/Opioid Overdose... 14,000,000
First Responder Training.............................. 46,000,000
Rural Focus..................................... 26,000,000
Pregnant and Postpartum Women......................... 34,931,000
Recovery Community Services Program................... 2,434,000
Children and Families................................. 29,605,000
Treatment Systems for Homeless........................ 36,386,000
Minority AIDS......................................... 65,570,000
Criminal Justice Activities........................... 89,000,000
Drug Courts..................................... 70,000,000
Improving Access to Overdose Treatment................ 1,000,000
Building Communities of Recovery...................... 13,000,000
Peer Support Technical Assistance Center.............. 1,000,000
Comprehensive Opioid Recovery Centers................. 5,000,000
Emergency Department Alternatives to Opioids.......... 6,000,000
Treatment, Recovery, and Workforce Support............ 10,000,000
Science and Service:
Addiction Technology Transfer Centers................. 9,046,000
Minority Fellowship Program........................... 5,789,000
------------------------------------------------------------------------
Building Communities of Recovery.--The agreement provides
an increase for enhanced long-term recovery support principally
governed by people in recovery from substance use disorders.
Comprehensive Opioid Recovery Centers.--The agreement
includes an increase and directs SAMHSA to make the funding
opportunity available to all eligible entities, as defined in
section 7121 of the SUPPORT Act (P.L. 115-271).
First Responder Training.--Of the funding provided, the
agreement provides $7,500,000 to make awards to rural public
and non-profit fire and EMS agencies as authorized in the
Supporting and Improving Rural Emergency Medical Service's
Needs (SIREN) Act (P.L. 115-334). The agreement notes that the
fiscal year 2021 grants included award amounts less than the
maximum amount allowable in order to fund more projects and
encourages SAMHSA to follow this approach in fiscal year 2022
to the extent practicable.
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--The agreement directs SAMHSA to ensure that
these grants include as an allowable use the support of
medication-assisted treatment and other clinically appropriate
services to achieve and maintain abstinence from all opioids,
including programs that offer low-barrier or same day treatment
options. Within the amount provided, the agreement includes
$12,000,000 for grants to Indian Tribes, Tribal Organizations,
or consortia.
Opioid Abuse in Rural Communities.--The agreement
encourages SAMHSA to support initiatives to advance opioid
abuse prevention, treatment, and recovery objectives, including
by improving access through telehealth. SAMHSA is encouraged to
focus on addressing the needs of individuals with substance use
disorders in rural and medically underserved areas. In
addition, the agreement encourages SAMHSA to consider early
interventions, such as co-prescription of overdose medications
with opioids, as a way to reduce overdose deaths in rural
areas.
Opioid Use Disorder Relapse.--The agreement recognizes
SAMHSA's efforts to address opioid use disorder relapse within
Federal grant programs by emphasizing that opioid
detoxification should be followed by medication to prevent
relapse to opioid dependence. The agreement encourages SAMHSA
to continue these efforts.
Pregnant and Postpartum Women.--The agreement provides an
increase and again encourages SAMHSA to fund an additional
cohort of States under the pilot program authorized by the
Comprehensive Addiction and Recovery Act (P.L. 114-198).
Treatment, Recovery, and Workforce Support.--The agreement
includes an increase to implement section 7183 of the SUPPORT
Act (P.L. 115-271). SAMHSA is directed to, in consultation,
with the Secretary of Labor, award competitive grants to
entities to carry out evidence-based programs to support
individuals in substance use disorder treatment and recovery to
live independently and participate in the workforce.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for $127,484,000
Success..............................................
Strategic Prevention Framework Rx............... 10,000,000
Federal Drug-Free Workplace........................... 4,894,000
Minority AIDS......................................... 41,205,000
Sober Truth on Preventing Underage Drinking (STOP Act) 12,000,000
National Adult-Oriented Media Public Service 2,000,000
Campaign.......................................
Community-based Coalition Enhancement Grants.... 9,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking................
Tribal Behavioral Health Grants....................... 20,750,000
Science and Service:
Center for the Application of Prevention Technologies. 7,493,000
Science and Service Program Coordination.............. 4,072,000
Minority Fellowship Program........................... 321,000
------------------------------------------------------------------------
At-Home Prescription Drug Disposal.--The agreement supports
efforts to encourage at-home prescription drug deactivation and
disposal and urges SAMHSA to support these types of programs.
Sober Truth on Preventing Underage Drinking Act (STOP
Act).--The agreement provides an increase for community-based
coalition enhancement grants.
Strategic Prevention Framework-Partnerships for Success
Program.--The agreement encourages the program to support
comprehensive, multi-sector substance use prevention strategies
to stop or delay the age of initiation of each State's top
three substance use issues for 12 to 18 year old youth as
determined by the State's epidemiological data. The agreement
directs SAMHSA to ensure that State alcohol and drug agencies
remain eligible to apply along with community-based
organizations and coalitions. SAMHSA is also directed to issue
a report within 120 days of enactment of this Act assessing the
extent to which the work of local grantees complements and
aligns with the primary prevention efforts led by the
corresponding State alcohol and drug agency.
Substance Misuse Prevention.--The agreement supports
efforts to reduce the risks associated with drug use, including
efforts to avoid drug overdose deaths and the spread of
diseases such as HIV and hepatitis. However, the agreement
strongly encourages that funds appropriated for substance
misuse prevention purposes in the Center for Substance Abuse
Prevention, as well as the 20 percent prevention set-aside in
the Substance Abuse Prevention and Treatment Block Grant, be
used only for bona fide substance misuse prevention activities
and not for any other purpose.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance..................................... $48,623,000
PHS Evaluation Funds.................................. 30,428,000
Program Management...................................... 81,500,000
Performance and Quality Information Systems............. 10,000,000
Drug Abuse Warning Network.............................. 10,000,000
Public Awareness and Support............................ 13,000,000
Behavioral Health Workforce Data........................ 1,000,000
PHS Evaluation Funds.................................. 1,000,000
------------------------------------------------------------------------
Community Project Funding/Congressional Directed
Spending.--The agreement includes $127,535,000 for the
projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included in this explanatory statement accompanying this
division.
Agency for Healthcare Research and Quality (AHRQ)
The agreement includes $350,400,000 for AHRQ. Within the
total, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Health Costs, Quality, and Outcomes:
Prevention/Care Management............................ $11,542,000
Health Information Technology (IT).................... 16,349,000
Patient Safety Research............................... 79,615,000
Health Services Research, Data, and Dissemination..... 98,003,000
Medical Expenditure Panel Survey...................... 71,791,000
Program Management.................................... 73,100,000
------------------------------------------------------------------------
While the agreement does not include dedicated funding to
expand these activities, the agreement encourages AHRQ to
continue supporting research on health equity, health system
innovations responding to COVID-19, improving maternal
morbidity and mortality State and local data, opioids research,
research on the use of natural products such as kratom to treat
pain, and prenatal care for pregnant individuals.
Antimicrobial Resistance.--The agreement directs AHRQ to
work with other HHS agencies to provide the briefing described
under the section of the explanatory statement pertaining to
the Office of the Secretary.
Center for Primary Care Research.--The agreement includes
$2,000,000 to establish the Center for Primary Care Research
authorized at 42 USC 299b-4(b) and as described under this
heading in House Report 117-96.
Diagnostic Errors.--The agreement includes $10,000,000, an
increase of $8,000,000, for researching diagnostic error and
associated risks to patient safety.
Heart Disease Research.--Heart disease is the leading cause
of death for Americans. Understanding how to reduce the rate of
cardiac events and to control the metabolic processes that lead
to such events is needed. The agreement supports AHRQ studying
and assessing the current evidence for lipid control and
cardiovascular event reduction, quality measures for the
improvement of clinical outcomes, and development and
dissemination of educational resources and materials about
improving cardiovascular clinical outcomes for coronary heart
disease death, myocardial infarction, ischemic stroke, and
urgent coronary revascularization procedure.
Organ Availability.--The agreement urges AHRQ to evaluate
innovative approaches to enhance the availability of organs,
otherwise encourage donation, and further improve the organ
transplantation process, including through consultation with
other Federal agencies.
Trafficking Awareness Training for Health Care.--The
agreement does not include additional funding for this
activity.
Centers for Medicare & Medicaid Services (CMS)
PROGRAM MANAGEMENT
Audio-Only Evaluation and Management Services.--The
agreement requests CMS, in coordination with the Assistant
Secretary for Planning and Evaluation, conduct a review of
audio-only services delivered during the COVID-19 public health
emergency, and provide an update on the provision of such
services in the fiscal year 2023 Congressional Justification.
Autism Treatment and Services.--The agreement encourages
CMS to identify the supportive services that are most
beneficial to improved outcomes for autism patients, and to
begin reviewing existing coverage policies for these services.
Computed Tomography (CT) Colonography.--The agreement
encourages CMS to consider existing evidence to determine
whether CMS should cover CT Colonography as a Medicare-covered
colorectal cancer screening test under section 1861(pp)(1) of
the Social Security Act.
Diabetes Technology.--The agreement requests a report
within 120 days of enactment of this Act outlining coverage and
payment policies for new technologies for individuals with
diabetes, including hybrid-closed loop technologies.
Home Visiting.--The agreement directs CMS to build upon its
2016 Joint Informational Bulletin to clearly articulate how
Medicaid dollars can be blended and braided appropriately in
home visiting programs to reach eligible families, provide
streamlined coverage options for home visiting services, and
cover specific components of home visiting programs.
Lowering the Cost of Care.--The agreement encourages the
Center for Medicare & Medicaid Innovation to consider creative
pilot projects that lower the cost of care among older
Americans and enable individuals who retire overseas to retain
and utilize their Medicare primary healthcare benefits. The
pilot should consider potential cost savings involving
international collaborations where the quality of care is
comparable and less expensive. CMS shall provide an update on
this effort in the fiscal year 2024 Congressional
Justification.
Measuring Cognitive Impairment.--The agreement directs CMS
to continue to include questions in the Medicare Current
Beneficiary Survey pertaining to mild cognitive impairment,
Alzheimer's, and other related dementias, and to add questions
on whether beneficiaries have been advised about Alzheimer's
and dementia care planning services that are covered under
Medicare. The agreement also encourages CMS to identify actions
the agency can take within existing authorities to reduce the
prevalence of dementia and improve early detection.
Obesity.--The agreement encourages CMS to work to ensure
beneficiary access to care for obesity if determined as
clinically appropriate by the patient's physician and
consistent with statutory and regulatory authority. The
agreement also encourages CMS to reexamine its Medicare Part B
national coverage determination for intensive behavioral
therapy for obesity considering current United States
Preventive Services Task Force recommendations.
Reimbursement Coding for Reducing Opioid Consumption.--The
agreement encourages CMS to undertake efforts to ensure
reimbursement of FDA-approved devices and therapies for unique
post-surgery patient populations that use alternative means for
effective pain management. CMS is encouraged to support
provider efforts to track patient pain scores and reductions in
opioid consumption using such alternative means for effective
pain management.
Respite Care.--The agreement requests CMS, in consultation
with the Office of the Assistant Secretary for Planning and
Evaluation, to provide a report to the Committees within 180
days of the enactment of this Act on the current capacity and
best practices for the provision of hospice respite care,
including in the home.
Rural Hospitals.--The agreement notes that the Consolidated
Appropriations Act, 2021 (P.L. 116-260) directed CMS to produce
a report on rural hospital closures within 180 days of
enactment, which the Committees have not received. The
agreement directs CMS to provide an update on the report
requested in fiscal year 2021 and a briefing on rural hospital
payment policy within 30 days of enactment of this Act.
Telehealth and the Homeless Population.--The agreement
directs CMS to identify and share with States best practices
regarding ways in which telehealth and remote patient
monitoring can be leveraged through the Medicaid and Medicare
programs for the homeless. This should include identification
of barriers to mental health services via telehealth coverage,
as well as ways to address those barriers.
Transitional Add-on Payment Adjustment for New and
Innovative Equipment and Supplies.--The agreement requests an
update in the fiscal year 2023 Congressional Justification on
this program.
Transportation for Dialysis.--The agreement urges CMS to
delay further implementation of the Prior Authorization of
Repetitive, Scheduled Non-Emergent Ambulance Transport model
until it ensures appropriate alternative transportation to
dialysis services and diabetes-related wound care for low-
income beneficiaries who have no other means of transportation.
HEALTH CARE FRAUD AND ABUSE CONTROL
Department of Justice.--The agreement provides an increase
of $20,207,000 for the Department of Justice to expand fraud
and abuse detection efforts.
Senior Medicare Patrol.--Within the amount provided for
CMS, the agreement includes $30,000,000 for this program.
Administration for Children and Families (ACF)
LOW INCOME HOME ENERGY ASSISTANCE
The agreement includes $1,100,000 in additional technical
assistance funding for HHS to establish a system to simplify
the formulation process to enable ACF staff to provide
estimates more readily when requested by the Committees. Once
such a system is in place, the agreement instructs HHS to work
collaboratively with the Committees to promptly respond to
requests for estimates and to ensure no request shall be
outstanding for longer than 10 calendar days.
REFUGEE AND ENTRANT ASSISTANCE
The agreement notes that the front matter of this
explanatory statement establishes that language included in
House Report 117-96 should be complied with unless specifically
addressed to the contrary in this explanatory statement. In
cases where the House Report addresses an issue not addressed
in this joint explanatory statement, the House Report language
is deemed to carry the same emphasis as language included in
this explanatory statement.
Confidentiality of Behavioral and Mental Health.--The
agreement recognizes that unaccompanied children often share
extensive personal information to case managers, clinicians, or
other adults while in Office of Refugee Resettlement (ORR)
care, and expects ORR and its grantees and contractors to
protect sensitive personal information, behavioral health
records, and mental health records consistent with all
applicable child welfare laws, regulations, and licensing
requirements.
Office of the Ombudsperson.--The agreement strongly
supports efforts to increase and improve independent oversight
of the Unaccompanied Children program. Accordingly, the
agreement strongly encourages the Secretary to establish an
Office of the Ombudsperson to provide independent child-welfare
focused recommendations to ORR and the Secretary regarding the
care of unaccompanied children. The agreement requests a
briefing within 120 days of enactment of this Act on a strategy
for establishing such an office in accordance with the
direction in House Report 117-96 and the resources necessary to
do so.
Services for Children.--The agreement includes no less than
$558,000,000 for post-release services, legal services, and
child advocates. This will allow HHS to expand such services,
to serve children in ORR's care and children recently released
from HHS custody, as well as to additional high-release
communities that are not currently being served.
The agreement understands the supply of service providers
may be constrained in some areas, and encourages ORR to allow
grantees to use flexibilities in contracting expenses, to the
extent practicable, to build the capacity to ensure the
necessary legal requirements are met to provide expanded
services to children.
Sibling Placement.--The agreement continues to direct ORR
to place siblings in the same facility, or with the same
sponsor, to the extent practicable, and so long as it is
appropriate and in the best interest of the child.
Spend Plan.--The agreement directs ORR to submit a
comprehensive spend plan to the Committees every 60 days,
incorporating all funding provided in this Act, and previous
Acts. The agreement expects the plan to contain a report on
facilities per House Report 117-96.
State-Licensed Shelters.--The agreement includes an
increase in funding for State-licensed shelters for ORR to
increase its network of beds, safely bring back online beds
that were impacted by COVID-19 restrictions, partner with
current providers to provide additional bed capacity, and
engage non-governmental organizations and governmental
jurisdictions to identify ways to expand bed capacity through
new grants or contracts. The agreement continues to direct HHS
to prioritize awarding grant or contract funding to licensed,
community-based placements (including foster care and small
group homes) over large-scale institutions, and to notify the
Committees prior to all new funding opportunity announcements,
grants or contract awards, or plans to lease, rent, or acquire
real property.
Further, the agreement strongly encourages ORR to more
consistently and predictably post funding opportunity
announcements, and to provide training and technical assistance
to potential new providers.
Unlicensed Facilities.--The agreement recognizes the impact
the ongoing COVID-19 pandemic continues to have on State-
licensed facilities, and expects any unlicensed facilities to
meet the statutory requirements included in this Act. The
agreement directs ORR to rigorously limit how long children are
in unlicensed facilities, and to submit, within 60 days of
enactment of this Act, an updated report to the Committees on
HHS' Plans to Phase Out the Use of Emergency Intake Sites as
required by the Continuing Appropriations Act, 2022 (P.L. 117-
43).
In addition, the agreement expects ORR to adopt systemic
changes to reduce its reliance on unlicensed facilities, and to
restore access to, and expeditiously activate, as necessary,
sufficient licensed bed capacity to serve unaccompanied
children during periods of higher referrals or emergencies.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Migrant and Seasonal Head Start (MSHS) Eligibility
Requirements.--The agreement reiterates the need for the report
on the Impact of the Federal Poverty Guidelines, as requested
in House Report 116-450, including the section examining how
such requirements may be affecting MSHS, and requests a
briefing on the findings and recommendations of that report as
soon as practicable.
In addition, the agreement directs the Office of Head Start
to issue, and post online within 30 days of enactment of this
Act, guidance on the flexibilities MSHS programs can offer
farmworker families concerned with demonstrating income
eligibility or residency as referenced in House Report 117-96.
Quality Improvement Funding for Staff Recruitment and
Retention and Trauma-Informed Care.--The agreement provides
$52,000,000 in quality improvement funding, including a
prioritization on activities to improve staff compensation in
order to recruit and retain qualified staff and support the
provision of high-quality program services. Funds may also be
used to address the rise of adverse childhood experiences
attributable to the pandemic and the increased prevalence of
substance use, economic hardship, home and community violence,
and other traumatic experiences that can negatively impact
child development and lead to disruptions in classroom
environments. The agreement directs the Administration to allow
flexibility to meet local needs while focusing these funds on
improving the compensation of staff with an emphasis on
positions with high rates of turnover.
Runaway and Homeless Youth.--The agreement urges ACF to be
flexible with current grantees to avoid reducing the
availability of safe shelter and housing for young people.
National Communications System, National Runaway
Safeline.--The agreement encourages ACF to coordinate with the
Department of Education to increase outreach efforts at schools
and community based organizations to raise awareness of the
resources provided by the National Runaway Safeline to connect
homeless children and youth and those at risk of homelessness
with services.
Child Abuse Prevention and Treatment Act Infant Plans of
Safe Care.--The agreement continues $60,000,000 to help States
continue to develop and implement plans of safe care as
required by section 106 of the Child Abuse Prevention and
Treatment Act.
Child Abuse Discretionary Activities.--The agreement
includes $2,000,000 to support and expand a national child
abuse hotline.
The agreement encourages the program to consider
demonstration projects for serving children in foster care who
have experienced severe trauma through trauma-informed
interventions. The agreement encourages ACF to work with
nonprofit organizations, with Institutional Review Board-
approved research, to study and report on the findings and
outcomes of such programs, including evidence-based clinical
services, foster parent training and curriculum, volunteer
support services for foster parents, positive biological and
birth family engagement to enhance family reunification,
enrichment activities for the children, and trauma-informed
systems work.
Child Welfare Research.--The agreement is concerned by the
high rates of homelessness among children who age-out of the
foster care system and encourages HHS to support the
development, implementation, and evaluation of innovative
programs that serve vulnerable populations of youth
transitioning out of the foster care system.
The agreement encourages the program to consider funding
partnerships with child protection simulation laboratories that
provide in-person, online, and trauma-informed, evidenced-based
training.
Adoption Opportunities.--The agreement includes $1,000,000
to continue the National Adoption Competency Mental Health
Training Initiative and encourages the program to
institutionalize its curriculums as the standard for consistent
training in all State child welfare agencies.
Social Services Research and Demonstration.--The agreement
includes $10,000,000 for carrying out a diaper distribution
pilot program to provide grants to social service agencies or
other non-profit organizations specifically for diaper and
diapering supply needs.
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $26,992,000 for the projects,
and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included in
this explanatory statement accompanying this division.
Native American Programs.--The agreement includes
$14,000,000 for Native American language preservation
activities, and not less than $5,500,000 for language immersion
programs authorized by section 803C(b)(7)(A)-(C) of the Native
American Programs Act, as amended by the Esther Martinez Native
American Language Preservation Act of 2006.
National Domestic Violence Hotline.--The agreement
encourages the Hotline to explore evidence-based best practices
for anti-violence intervention and prevention programs.
Family Violence Prevention and Services.--The agreement
recognizes that women and girls of color are often
disproportionally impacted by domestic violence and includes up
to $5,000,000 for development or enhancement of culturally
specific services for survivors of domestic violence and sexual
assault.
In addition, the agreement includes $1,000,000 for a Native
Hawaiian Resource Center on Domestic Violence.
Administration for Community Living (ACL)
AGING AND DISABILITY SERVICES PROGRAMS
Protection of Vulnerable Older Americans.--Within the
total, the agreement includes a $1,000,000 increase for the
long-term care ombudsman program.
National Family Caregiver Strategy.--The agreement
continues to provide $400,000 for the Family Caregiving
Advisory Council.
Aging Network Support Activities.--Within the total, the
agreement provides $6,000,000 to the Holocaust Survivor's
Assistance program.
The agreement includes $4,000,000 for the Care Corps grant
program.
The agreement encourages ACL to coordinate with the
Department of Labor to identify and reduce barriers to entry
for a diverse and high-quality direct care workforce, and to
explore new strategies for the recruitment, retention, and
advancement opportunities needed to attract or retain direct
care workers.
Alzheimer's Disease Program.--Within the total, the
agreement provides $2,000,000 for the National Alzheimer's Call
Center.
Paralysis Resource Center (PRC).--Within the total, the
agreement directs not less than $9,200,000 to the National PRC.
Developmental Disabilities Programs.--Within the total, the
agreement includes not less than $700,000 for technical
assistance and training for the State Councils on Developmental
Disabilities.
National Institute on Disability, Independent Living, and
Rehabilitation Research.--The agreement includes funds to
increase annual grant funding to competitively funded model
systems centers, and a $100,000 increase for the Traumatic
Brain Injury Model Systems National Data and Statistical
Center.
In addition, the agreement includes $2,000,000 to increase
the number of Federally-funded Spinal Cord Injury Model System
Centers.
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $13,871,000 for the projects,
and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included in
this explanatory statement accompanying this division.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Alzheimer's and Related Dementias.--The agreement is
encouraged by work underway on the National Alzheimer's Project
Act Plan to develop national dementia prevention goals and
supports further efforts to incorporate evidence-based dementia
risk reduction strategies in clinical practice and public
health.
Antimicrobial Resistance (AMR).--The agreement directs the
Office of the Assistant Secretary for Health (OASH), NIH, ASPR/
BARDA, CDC, and AHRQ to jointly brief the Committees no later
than 30 days after the enactment of this Act detailing how HHS
and its agencies are coordinating their AMR-related efforts.
The briefing should include a comparison of actual performance
against the national targets for 2020 established in the March
2015 National Action Plan for Combatting Antibiotic-Resistant
Bacteria and whether those goals were sustained in 2021.
Agencies are directed to outline the focus of their plans for
fiscal years 2022-2023 and how these are connected to longer-
term objectives included in the follow-on National Action Plan
released in October 2020.
Blood Donor Awareness.--The agreement encourages the
Secretary to implement Section 3226 of P.L.116-136. In
executing this campaign, the Secretary should prioritize
efforts that help improve the diversity of blood donors,
especially among populations that are disproportionately
impacted by blood disorders such as sickle cell disease.
Cell-mediated Immunity Measures.--The Office of the
Secretary shall provide to the Committees a report within 60
days of enactment of this Act on the efforts of the Department
to incorporate cell-mediated immunity measures into the
Department's COVID-19 surveillance and research strategy.
Coordinated Treatment for Mesothelioma Patients.--
Mesothelioma is an aggressive asbestos-related malignancy of
the pleura that is often associated with a poor prognosis.
While a rare disease, mesothelioma is highly concentrated in
regions predominated by industries with high exposure to
asbestos such as shipyards, aluminum plants, and power
generation. The agreement is concerned with the quality-of-care
patients with mesothelioma receive from providers with less
experience treating rare malignancies. Without sufficient
expertise there can be delays in diagnoses and use of outdated
therapies. The agreement urges the Department to support
comprehensive mesothelioma therapy programs in regional
hospitals in areas of the country with exceptionally high rates
of mesothelioma. High quality programs deliver focused,
individualized treatment, by using a comprehensive approach
that brings together appropriate experts in treating and caring
for mesothelioma patients, including experts in pulmonary
medicine, thoracic surgery, medical oncology, radiation
oncology, rehabilitation medicine, pathology, physical therapy,
palliative care, and end-of-life care.
Disparity Populations.--To ensure underserved and
disadvantaged populations continue to be best served by
programs and offices within the Department, the agreement
directs the Secretary to continue the collection of data on
disparity populations, as defined by Healthy People 2030, in
surveys administered with funding in this Act.
Ending the HIV Epidemic.--The agreement directs HHS to
provide a spend plan to the Committees no later than 60 days
after enactment of this Act, to include resource allocation by
State. The agreement further directs HHS to brief the
Committees on fiscal year 2022 plans no later than 90 days
after enactment of this Act.
Federal Funds.--The agreement includes an increase of
$8,600,000 for administrative resources necessary for the
operation of the Department.
Lung Cancer in Women.--The agreement requests an update on
the status of research on women and lung cancer and the
disparate impact of lung cancer in women who have never smoked
in the fiscal year 2023 Congressional Justification.
Nonrecurring Expenses Fund.--HHS continues several
construction projects that have not been completed after more
than 5 years, while it continues to submit notifications for
new projects. HHS shall prioritize current construction
projects for completion, specifically the CDC NIOSH facility
and those facilities for the Indian Health Service and FDA. The
agreement directs HHS to provide quarterly reports for all
ongoing projects. The report shall include the following for
each project: agency project is funded under; a description for
each project; the date the project was notified to the
Committees; total obligations to date; obligations for the
prior fiscal year; anticipated obligations for current fiscal
year; and any expected future obligations. For any project
ongoing more than 3 years, the report should include a
narrative describing the cause for delay and steps being taken
by the agency to ensure prompt completion.
Obligation Reports.--The agreement directs the Secretary to
submit electronically to the Committees an excel table
detailing the obligations made in the most recent quarter for
each office and activity funded under this appropriation not
later than 30 days after the end of each quarter.
Office of the General Counsel (OGC).--The agreement notes
strong concerns that OGC does not consistently respond to
Congressional requests for technical assistance in a timely
manner. The agreement directs the General Counsel to prioritize
the Committees' requests for legal and administrative
information.
Pandemic Guidelines.--Individuals with certain chronic
conditions, disabilities, and older adults are more likely to
become severely ill, be hospitalized, and die from COVID-19.
The agreement commends the CDC ACIP recommendations and the HHS
Office of Civil Rights for its continued vigilance regarding
potential discrimination in high-risk populations during COVID-
19 and for working collaboratively with States to ensure State
guidelines reflect best practices for serving individuals with
disabilities and older adults.
Rapid HIV Self-Test.--Rapid HIV self-testing can play an
important role towards meeting the public health objectives
outlined by the Ending the HIV Epidemic initiative,
particularly in regards to rural and otherwise hard to reach
populations. HHS is encouraged to incorporate rapid HIV self-
testing into emerging efforts.
Stillbirth Task Force.--The agreement provides $750,000 for
this activity as described under this heading in House Report
117-96.
Sexually Transmitted Infections (STIs).--The agreement is
pleased that HHS is updating a National STI Action Plan. The
Department is directed to provide a progress report to the
Committees within 90 days of enactment of this Act. In
addition, the agreement includes $250,000 for OASH to develop a
national strategic plan or amend the STIs National Strategic
Plan for the treatment and prevention of HSV types 1 and 2.
Study on Animal Abuse.--The agreement is concerned about
the link between animal abuse and future violence and
encourages further study into the underlying factors that
contribute to acts of violence against animals and animal
violence as a predictor of future violence against humans.
Task Force on CDC COVID-19 Testing Failure.--The agreement
directs the Secretary to establish a Task Force, including
participation from outside stakeholders and subject matter
experts, to evaluate what contributed to the shortcomings of
the first COVID-19 tests developed by CDC, including laboratory
irregularities, and what policies, practices and systems should
be established to address these issues in the future. The Task
Force shall also examine CDC's processes for the development
and deployment of diagnostics and its ongoing operations,
including communications and electronic lab reporting with
clinical, commercial, and State and local public health
laboratories.
Teen Pregnancy Prevention Program Evidence Review.--The
agreement includes $900,000 for the Assistant Secretary for
Planning and Evaluation to conduct an independent, systematic,
rigorous review of evaluation studies on such programs.
Telehealth Report.--The agreement directs HHS to submit a
report no later than 180 days after enactment of this Act
detailing the impact of the actions taken by the Secretary
during the COVID-19 public health emergency (PHE) to increase
telehealth services under the Medicare, Medicaid, and
Children's Health Insurance Programs, as well as other HHS
entities engaged in policy or programmatic telehealth changes
during the PHE.
Tribal Set-Aside.--The agreement includes an increase of
$1,500,000 for a Tribal set-aside within the Minority HIV/AIDS
Prevention and Treatment program.
U.S.-Mexico Border Health Commission.--The agreement
includes an increase of $900,000.
White House Conference on Food, Nutrition, Hunger, and
Health.--The agreement recognizes that levels of hunger,
nutrition insecurity, and chronic disease in the United States
are rising, and disproportionately afflict racial and ethnic
minorities as well as low-income and rural populations. The
agreement directs HHS to convene a White House Conference on
Food, Nutrition, Hunger, and Health in 2022, for the purpose of
developing a roadmap to end hunger and improve nutrition by
2030. The agreement includes $2,500,000 to support this
conference. The conference should be developed using a whole-
of-government approach--in partnership with the Executive
Office of the President, the Department of Agriculture, and
other Federal agencies--and in consultation with State,
territories, local, and Tribal officials, and a diverse group
of interested parties from across the country, including anti-
hunger, nutrition, and health experts; the private sector; and
people with lived experience of hunger and nutrition
insecurity. The conference should examine why hunger and
nutrition insecurity persist and how they affect health,
including their role in the high prevalence of chronic disease.
It should also review existing and cross-departmental
strategies and consider new approaches to improve health by
eliminating hunger, reducing the prevalence of chronic disease,
and improving access to and consumption of nutritious foods in
accordance with Dietary Guidelines for Americans. The
conference shall produce a final report detailing its findings
and proposed solutions to end hunger and improve nutrition
security in the United States by 2030.
In preparation for the White House Conference on Food,
Nutrition, Hunger, and Health, HHS shall consult with other
Federal agencies and report initial findings to the Committees
no later than 120 days after enactment of this Act. The
findings shall identify current programming that directly or
indirectly impacts food and nutrition insecurity and diet
related diseases; specific statutory, regulatory, and budgetary
barriers to ending hunger and improving nutrition and health in
the United States and the Territories; existing examples of
coordination mechanisms between Federal agencies; Federal
agencies and State, local, and Tribal governments; and all
levels of government and program implementers; and additional
authorities or resources needed to eliminate hunger and improve
nutrition and health.
Office of Minority Health (OMH)
Center for Indigenous Innovation and Health Equity.--The
agreement includes an increase of $1,000,000 to support the
work of the Center for Indigenous Innovation and Health Equity.
Language Access Services.--The agreement includes
$1,000,000 to research, develop, and test methods of informing
limited English proficient individuals about their right to and
the availability of language access services, in accordance
with directives in H. Rpt. 117-96.
Lupus Initiative.--The agreement supports the OMH National
Lupus Outreach and Clinical Trial Education program, its goal
of increasing minority participation in lupus clinical trials,
and the program developing resources used by the broader lupus
community to enhance trial enrollment. The agreement encourages
OMH to continue to develop public-private partnerships with
organizations representing lupus patients, implement action
plans, and engage the lupus community to increase participation
in clinical trials for all minority populations at highest risk
of lupus.
Public Health Pilot Program.--The agreement does not
include the pilot program proposed by House Report 117-96.
Office on Women's Health (OWH)
Combatting Violence Against Women.--The agreement includes
an increase of $2,000,000 for the State partnership initiative
to combat violence against women.
Interagency Coordinating Committee on the Promotion of
Optimal Birth Outcomes.--The agreement includes $1,000,000 for
the OWH to convene an Interagency Coordinating Committee on the
Promotion of Optimal Birth Outcomes to oversee and coordinate
the HHS Action Plan to Improve Maternal Health in America.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
(ONC)
The agreement includes a $1,800,000 increase to support
interoperability and information sharing efforts related to the
implementation of Fast Healthcare Interoperability Resources
standards or associated implementation standards.
The agreement notes the general provision limiting funds
for actions related to promulgation or adoption of a standard
providing for the assignment of a unique health identifier does
not prohibit the Department from examining the issues around
patient matching, and reiterates the need for the report
requested in the explanatory statement accompanying the Further
Consolidated Appropriations Act, 2020 (P.L. 116-94).
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
Office of the Assistant Secretary for Preparedness and Response (ASPR)
National Emergency Tele-critical Care Network (NETCCN).--
The agreement includes funding for the NETCCN, which has
enabled skilled telehealth providers to support health systems
undergoing a COVID-19 surge or experiencing staff shortages to
operate remotely during the COVID-19 public health emergency.
This funding could be used to expand the NETCCN to meet
additional COVID-19 needs or used in future public health
emergencies and disaster response efforts.
Pediatric Disaster Care.--The agreement includes $6,000,000
for the Pediatric Disaster Care Centers of Excellence.
Reporting.--The agreement directs ASPR to brief the
Committees monthly regarding activities funded by this Act and
other available appropriations. The agency shall notify the
Committees 24 hours in advance of any obligation greater than
$25,000,000 from any appropriation. Such notification shall
include the source of funding, including section number where
applicable or program name from this explanatory statement, and
a description of the obligation. In addition, ASPR shall submit
a monthly obligation report in electronic format. Such report
shall include information for each obligation greater than
$25,000,000, and each obligation shall include the source of
the appropriation and the program under which the obligation
occurred. Such report is due not later than 30 days after the
end of the month and shall be cumulative for the fiscal year
with the most recent obligations listed at the top.
Furthermore, the Secretary shall report to the Committees on
the current inventory of COVID-19 vaccines and therapeutics, as
well as the deployment of these vaccines and therapeutics
during the previous month, reported by State and other
jurisdiction not later than 30 days after the enactment of this
Act, and monthly thereafter until the inventory is expended.
National Disaster Medical System
Mission Zero.--The agreement includes $2,000,000 for
civilian trauma centers to train and incorporate military
trauma care providers and teams into care centers.
Public Health Preparedness Equipment.--The agreement
includes $10,000,000 for ASPR to invest in next generation air
mobility solutions that will ensure more cost-effective health
delivery systems.
Hospital Preparedness Program
National Special Pathogen System (NSPS).--The agreement
includes $6,500,000, an increase of $1,500,000, for the
National Emerging Special Pathogens Training and Education
Center (NETEC) and directs NETEC to serve as the NSPS
coordinating body. The agreement also includes $21,000,000, an
increase of $15,000,000, for the Regional Emerging Special
Pathogen Treatment Centers (RESPTCs) Program and to increase
the overall number of RESPTCs by at least three Centers. The
RESPTC expansion shall be a competitive process as directed in
House Report 117-96. The agreement requests both a written
report and a briefing, within 90 days of enactment of this Act,
on progress in establishing a robust NSPS and integrating NSPS
with other health care delivery systems of care for
emergencies, such as the trauma system.
Biomedical Advanced Research and Development Authority (BARDA)
Antimicrobial Resistance.--The agreement includes an
increase of at least $25,000,000 to support the Combating
Antibiotic Resistant Bacteria Biopharmaceutical Accelerator and
the advanced research and development of broad-spectrum
antimicrobials and next-generation therapeutics that address
the growing incidence of antimicrobial resistance. In addition,
the agreement directs BARDA to work with other HHS agencies to
provide the briefing described under the section of the joint
explanatory statement pertaining to the Office of the
Secretary.
Infectious Diseases.--The agreement supports robust funding
for enhanced work by BARDA to proactively prepare for emerging
infectious disease outbreaks and other naturally occurring
threats. The agreement encourages ASPR to delineate information
on emerging infectious diseases, pandemic influenza, and
antimicrobial resistance investments in its annual five-year
budget plan for medical countermeasure (MCM) development to
clarify how ASPR is considering such naturally occurring
threats in relation to other priority areas of MCM development,
particularly given their inclusion in the Strategic Initiatives
section of the Pandemic and All-Hazards Preparedness and
Advancing Innovation Act (P.L. 116-22).
Screening Framework for Providers of Synthetic Double-
stranded DNA.--The fiscal year 2021 Explanatory Statement
requested a report on efforts to update the 2010 Screening
Framework Guidance for Providers of Synthetic Double-stranded
DNA within 180 days of enactment, which has not yet been
provided. The agreement directs ASPR to provide a report to the
Committees no later than 30 days after enactment of this Act.
Trusted Domestic Vaccine Supplier Capability.--The
agreement recognizes the need for domestic manufacturing of key
biological starting materials (KSM), including plasmid DNA and
mRNA, antibodies, and other MCMs, to ensure timely response to
unanticipated health emergencies. Therefore, the agreement
encourages the Department to expand domestic manufacturing of
KSMs and collaborate with U.S. companies that have
pharmaceutical capabilities to ensure the development and
stockpiling of synthesized medicines for future pandemics and
biothreats.
Strategic National Stockpile (SNS)
Adequate Elastomeric Components.--The agreement expects the
Secretary, in conjunction with ASPR, to ensure that it has the
necessary elastomeric components to support the COVID-19
vaccination campaign. The agreement requests a briefing to the
Committees no later than 90 days after enactment of this Act,
on its assessment of the estimated supply of elastomeric
components, domestically and internationally, related to
vaccine administration; an assessment of current and future
domestic capacity for elastomeric components related to the
administration of such vaccines; the identification of any gaps
in capacity for manufacturing; and recommendations to ensure
adequate supplies of elastomeric components.
Re-envisioning the SNS.--The agreement directs the
Secretary to develop plans for re-envisioning the SNS to ensure
a transparent and deliberative decision-making process for
procurement that meets healthcare and national security needs
and engages interagency partners. This process will include a
wide variety of topics, including real-time inventory
transparency; data and analytics to enhance evidence-based
policy decisions and risk mitigation strategies; elasticity to
readily scale responses; modeling and simulation to plan and
exercise; supply chain risk management, including the
identification and mitigation of over-reliance on foreign
sources of critical supplies; and revolving inventory
management. The agreement directs the submission of a report
and a briefing on these efforts, including a timeline of key
activities and an update on activities required by Executive
Order 14001, within 60 days of enactment of this Act.
Replenishing Personal Protective Equipment (PPE).--The
agreement notes with concern the emergence of counterfeit PPE
products in the U.S. healthcare system and the critical need to
boost domestic PPE manufacturing. The agreement urges the
Secretary to develop a long-term sustainable procurement plan
that gives preference to and results in purchases from domestic
manufacturers of PPE and PPE raw materials.
ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH
The agreement includes $1,000,000,000 and bill language to
establish the Advanced Research Projects Agency for Health
within the Office of the Secretary.
General Provisions
Prevention and Public Health Fund.--The agreement includes
the following allocation of amounts from the Prevention and
Public Health Fund.
PREVENTION AND PUBLIC HEALTH FUND
------------------------------------------------------------------------
FY 2022
Agency Budget Activity Agreement
------------------------------------------------------------------------
ACL............................... Alzheimer's Disease $14,700,000
Program.
ACL............................... Chronic Disease Self- 8,000,000
Management.
ACL............................... Falls Prevention.... 5,000,000
CDC............................... Hospitals Promoting 9,750,000
Breastfeeding.
CDC............................... Diabetes............ 52,275,000
CDC............................... Epidemiology and 40,000,000
Laboratory Capacity
Grants.
CDC............................... Healthcare 12,000,000
Associated
Infections.
CDC............................... Heart Disease & 57,075,000
Stroke Prevention
Program.
CDC............................... Million Hearts 4,000,000
Program.
CDC............................... Office of Smoking 127,850,000
and Health.
CDC............................... Preventative Health 160,000,000
and Health Services
Block Grants.
CDC............................... Section 317 419,350,000
Immunization Grants.
CDC............................... Lead Poisoning 17,000,000
Prevention.
CDC............................... Early Care 4,000,000
Collaboratives.
SAMHSA............................ Garrett Lee Smith- 12,000,000
Youth Suicide
Prevention.
------------------------------------------------------------------------
The agreement modifies a provision related to NIH
facilities.
The agreement modifies a provision to rescind unobligated
balances.
The agreement includes a new provision related to
facilities at CDC.
The agreement includes a new provision related to the Ryan
White HIV/AIDS program.
The agreement includes a new provision related to grantee
notifications to the NIH Director.
The agreement includes a new provision related to the CDC
Undergraduate Public Health Scholars Program.
The agreement includes a new provision related to Building
T-44 at the National Institutes of Health.
TITLE III
DEPARTMENT OF EDUCATION
School Improvement Programs
Alaska Native Education Equity.--The Department is directed
to make every effort to ensure that grants are awarded well in
advance of the school year, to maximize grantees' ability to
hire the necessary staff and have their programs in place by
the start of Alaska's school year in mid-August. The Department
is directed to ensure that Alaska Native Tribes, Alaska Native
regional non-profits, and Alaska Native corporations have the
maximum opportunity to compete successfully for grants under
this program by providing these entities multiple opportunities
for technical assistance in developing successful applications
for these funds, both in Alaska and through various forms of
telecommunications. Finally, the Department is encouraged to
include as many peer reviewers as possible who have experience
with Alaska Native education and Alaska generally on each peer
review panel.
Rural Education.--The agreement directs the Department, in
collaboration with the U.S. Census Bureau, to provide a
briefing and related material for the authorizing and
appropriations Committees of Congress within 180 days of
enactment of this Act that includes: analysis of the accuracy
and effectiveness of U.S. Census Bureau's Small Area Income and
Poverty Estimates as a measurement of student enrollment from
families with incomes below the poverty line for the Rural and
Low-Income School (RLIS) and Small Rural Schools Achievement
programs; analysis of the accuracy and effectiveness of other
poverty measurements, including State-provided poverty data for
measuring student enrollment from families with incomes below
the poverty line for the RLIS and Small Rural Schools
Achievement programs; and any recommendations for improving
measurements of poverty in rural local educational agencies
(LEAs).
Student Support and Academic Enrichment Grants Technical
Assistance and Capacity Building.--The reservation for
technical assistance (TA) and capacity building should be used
to support state educational agencies (SEAs) and LEAs in
carrying out authorized activities under this program
identified by SEAs and LEAs, which may include support for
fostering school diversity efforts across and within school
districts. The Department is directed to prioritize its TA and
capacity building support for SEAs and LEAs seeking to address
such school diversity needs. In future Congressional
Justifications, the Department shall continue to provide
current and planned expenditures for this reservation and
include a plan for how resources will be spent to provide TA
and to build the capacity of SEAs and LEAs.
Indian Education
National Activities.--The increase for National Activities
will support additional awards under a new Native American
Language Immersion competition and a new award under the State-
Tribal Education Partnership program for up to five years.
Funds for the Native American Language Immersion program
should continue be allocated to all types of eligible entities,
including both new and existing language immersion programs and
schools, to support the most extensive possible geographical
distribution and language diversity. Further, the Department
should continue to give the same consideration to applicants
that propose to provide partial immersion schools and programs
as to full immersion, as the local Tribes, schools, and other
applicants know best what type of program will most effectively
assist their youth to succeed.
Innovation and Improvement
Education Innovation and Research (EIR).--Within the total
for EIR, and including continuation awards, the agreement
includes $82,000,000 to provide grants for social and emotional
learning (SEL) and $82,000,000 for Science, Technology,
Education, and Math (STEM) and computer science education
activities. Within the STEM and computer science set-aside,
awards should expand opportunities for underrepresented
students such as minorities, girls, and youth from families
living at or below the poverty line to help reduce the
enrollment and achievement gap. To fulfill both set-asides, the
agreement supports the prioritization of high-quality SEL and
STEM proposals for both the early- and mid-phase evidence
tiers. The agreement encourages the Department to take steps
necessary to ensure the statutory set-aside for rural areas is
met and that EIR funds are awarded to diverse geographic areas.
The agreement expects the remainder of EIR funds to continue to
support diverse and field-initiated interventions, rather than
a single nationwide program or award focused solely on one area
of educational innovation.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out an EIR competition. In addition, the Department
shall provide a briefing and notice of grant awards to the
Committees at least seven days before grantees are announced.
Statewide Family Engagement Centers.--The agreement
provides increased funding for the Department to make new
awards to States under this program that prioritize the use of
funds for evidence-based activities and focus on underserved
students.
Supporting Effective Educator Development (SEED).--Within
SEED, the Department is directed to support professional
development that helps educators incorporate SEL practices into
teaching, and to support pathways into teaching that provide a
strong foundation in child development and learning, including
skills for implementing SEL strategies in the classroom through
a competitive preference priority (CPP). The share of maximum
points for the SEL CPP, out of the total maximum CPP points in
the fiscal year 2022 competition, should be no less than the
share of CPP points the SEL priority represented in the fiscal
year 2020 competition.
In addition, the SEED program is an ideal vehicle for
helping ensure that more highly trained school leaders are
available to serve in traditionally underserved LEAs.
Therefore, the Secretary shall continue to include an absolute
priority to support the preparation of principals and other
school leaders in the fiscal year 2022 competition.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out a SEED competition. In addition, the Department
shall provide a briefing and notice of grant awards to the
Committees at least seven days before grantees are announced.
Arts in Education National Program.--The Department is
directed to adhere to the applicable requirements of ESEA,
including the statutory priority for eligible national
nonprofit organizations ``of national scope'', in administering
this competition. The Secretary is directed to award prior
experience points to applicants that have conducted an Arts in
Education National Program project during budget periods 2018-
19, 2019-20, and 2020-21.
Community Project Funding/Congressional Directed
Spending.--The agreement includes $140,480,000 for the
projects, and in the amounts, specified in the table
``Community Project Funding/Congressionally Directed Spending''
included in this explanatory statement accompanying this
division.
Safe Schools and Citizenship Education
School Safety National Activities
The agreement includes $201,000,000 for national
activities, an increase of $95,000,000 which shall be used by
the Department as described in this statement. If non-
competitive continuation awards are lower than anticipated, or
resources become available for another reason, the Department
is directed to use funds only for activities described in this
statement or for Project SERV.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out any new competition funded within School Safety
National Activities. In addition, the Department shall provide
a briefing and notice of grant awards to the Committees at
least seven days before grantees are announced.
Project Prevent.--The agreement includes $5,000,000 for new
awards for Project Prevent grants to increase the capacity of
LEAs to serve students exposed to violence in their
communities.
School-based Mental Health Professionals.--The agreement
includes $55,000,000, an increase of $45,000,000 over the
fiscal year 2021 enacted level, for the Mental Health Services
Professional Demonstration Grants program established in the
Department of Education Appropriations Act, 2019 and
$56,000,000, an increase of $45,000,000 over the fiscal year
2021 enacted level for the School-Based Mental Health Services
Grants program established in the Department of Education
Appropriations Act, 2020.
The agreement does not expand the scope of these grants to
include school nurses; however, the agreement helps address
these urgent needs through increased support for School-based
Health Centers administered by the Health Resources & Services
Administration.
Promise Neighborhoods
The agreement provides a portion of funds for the first
year of two-year extension grants to high quality Promise
Neighborhood programs that have demonstrated positive and
promising results through their initial implementation grant to
strengthen grantee community's abilities to scale city and
regional reinvestment strategies and allow for direct pipeline
services. The Department shall provide a briefing on
implementation plans for the Promise Neighborhoods program not
later than 14 days prior to issuing a notice inviting
applications for new awards or extension grants.
Special Education
Education Materials in Accessible Formats for Students with
Visual Impairments.--The agreement provides no less than
$9,000,000 for a new Educational Materials in Accessible
Formats for Children and Students with Visual Impairments and
Print Disabilities competition. The Department is encouraged to
continue to expand this program's reach to K-12 students in
underserved areas, further support eligible students enrolled
in postsecondary schools, and expand or enhance models for
postsecondary schools to produce and disseminate accessible
educational materials and textbooks that align with the key
recommendations from the Advisory Commission on Accessible
Instructional Materials in Postsecondary Education for Students
with Disabilities.
Rehabilitation Services
Disability Innovation Fund (DIF).--The agreement provides
that up to 15 percent of the amounts available for the DIF may
be used for evaluation and technical assistance. The agreement
requests the Department submit a plan to the Committees for
proposed evaluation and technical assistance activities within
90 days of enactment of this Act. In addition, the Departments
of Education and Labor shall brief the Committees on
Appropriations; the Committee on Health, Education, Labor, and
Pensions of the Senate; the Committee on Education and Labor of
the House of Representatives; the Committee on Finance of the
Senate; and the Committee on Ways and Means of the House of
Representatives, within 120 days of enactment of this Act, on
its plans for implementation and uses of DIF funds and provide
updates annually thereafter on implementation.
Community Project Funding/Congressional Directed
Spending.--The agreement includes $2,325,000 for the projects,
and in the amounts, specified in the table ``Community Project
Funding/Congressionally Directed Spending'' included in this
explanatory statement accompanying this division.
Special Institutions for Persons with Disabilities
American Printing House for the Blind.--The agreement
includes $6,000,000, an increase of $3,000,000, to continue and
expand the Center for Assistive Technology Training regional
partnership established in fiscal year 2019.
National Technical Institute for the Deaf (NTID).--The
agreement includes $9,500,000, an increase of $3,000,000, to
continue and expand NTID's current Regional STEM Center.
Gallaudet University.--The agreement includes $6,500,000,
an increase of $3,000,000, to continue and expand the current
regional partnership through the Early Learning Acquisition
Project.
Career, Technical, and Adult Education
Adult Education National Leadership Activities.--The
agreement encourages the Department to support technical
assistance that will help build the evidence-base of adult
education programs, including supporting States in prioritizing
rigorously evaluated programs.
Student Financial Assistance
Pell Grants.--The agreement increases the maximum award by
$400, to a total, including discretionary and mandatory
funding, of $6,895 in academic year 2022-2023.
Federal Work Study.--Within the total for Federal Work
Study, the agreement includes $10,829,000, for the Work
Colleges program authorized under section 448 of the Higher
Education Act (HEA).
Student Aid Administration
Student Loan Servicing.--The agreement includes
$2,033,943,000 for Student Aid Administration. Over the last
several years, Congress has provided significant funding to
support the implementation of the Next Gen initiative and the
move towards a long-term servicing solution. While some
progress has been made to improve loan servicing for borrowers,
there is still no long-term servicing solution in place.
Therefore the agreement continues to include bill language
requiring the Office of Federal Student Aid to submit a
detailed spend plan of anticipated uses of funds and to provide
quarterly updates on its progress towards fulfilling the spend
plan. The agreement also continues a provision to provide, at a
minimum, quarterly briefings to the authorizing and
appropriations committees on progress related to solicitations
for Federal student loan servicing contracts.
Higher Education
International Education and Foreign Language Studies
Domestic Programs.--The agreement includes no less than
$500,000 to establish a Native American Language Resource
Center under the Language Resource sections 601 and 603 of the
HEA to be administered by the Office of Indian Education.
Minority Science and Engineering Improvement
The agreement is supportive of efforts by the Department to
prioritize awards to HBCUs for the establishment of Aviation
and Aerotechnology programs.
Federal TRIO Programs
The agreement directs the Department to allocate increases
to each TRIO program, which may include funding down the slate
of unfunded high-quality applications from the Student Support
Services competition held in fiscal years 2020 and Talent
Search and Educational Opportunity Centers competitions in
fiscal year 2021. Further, such grantees shall be eligible for
prior experience points for demonstrated performance outcomes
in subsequent competitions. The agreement directs the
Department to include estimated funding for each TRIO program
in the operating plan required under section 516 of this Act.
GEAR UP
In addition to the directives included under this heading
in House Report 117-96, in making new awards, the Department
shall ensure that not less than 33 percent of the new award
funds are allocated to State awards, and that not less than 33
percent of the new award funds are allocated to Partnerships
awards, as described in section 404(b) of the HEA.
Child Care Access Means Parents in Schools (CCAMPIS)
The agreement lifts the statutory cap on grant awards to
institutions of higher education, to more accurately reflect
the costs of providing high-quality, convenient child care
options for students. The agreement encourages the Department
to consider using a portion of these funds to provide
supplemental grants to current grantees, consistent with a
higher grant award cap.
Fund for the Improvement of Postsecondary Education (FIPSE)
The agreement includes $76,000,000 for FIPSE which shall be
used by the Department as described in this statement. If non-
competitive continuation awards are lower than anticipated, or
resources become available for another reason, the Department
is directed to use funds only for activities described in this
statement.
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Augustus F. Hawkins Center of Educational Excellence.... $8,000,000
Basic Needs Grants...................................... 8,000,000
Centers of Excellence for Veterans Student Success 8,500,000
Program................................................
Center of Excellence in Spatial Computing............... 2,000,000
Digital Learning Infrastructure and IT Modernization 4,000,000
Pilot..................................................
Modeling and Simulation Programs........................ 8,000,000
Open Textbook Pilot..................................... 11,000,000
Postsecondary Student Success Grants.................... 5,000,000
Rural Postsecondary and Economic Development Grant 20,000,000
Program................................................
Transitioning Gang-Involved Youth to Higher Education... 1,500,000
------------------------------------------------------------------------
Augustus F. Hawkins Centers of Excellence.--The agreement
includes $8,000,000 to support grantees for the Hawkins Centers
of Excellence program, as authorized by section 242 of the HEA,
with up to $3,000,000 to support teaching assistant initiatives
at HBCUs and MSIs that have partnerships with high-need LEAs.
Basic Needs Grants.--The agreement includes $8,000,000 for
this activity described under this heading in House Report 117-
96; however, at least 25 percent of grants must go to community
colleges and at least 25 percent must go to four-year
Historically Black Colleges and Universities (HBCUs), Hispanic
Serving Institutions (HSIs), and other Minority Serving
Institutions (MSIs). Grant priority will go to institutions
with 25 percent or higher Pell enrollment.
Centers of Excellence for Veterans Student Success
Program.--The agreement includes $8,500,000 for this activity
described under this heading in House Report 117-96.
Center of Excellence in Spatial Computing.--The agreement
includes $2,000,000 for this activity described under this
heading in House Report 117-96.
Digital Learning Infrastructure and IT Modernization
Pilot.--The agreement includes $4,000,000 to support IT
modernization at HBCUs and MSIs, including technical assistance
and partnerships with HBCUs and MSI to improve their digital
learning infrastructure.
Modeling and Simulation Programs.--The agreement includes
$8,000,000 for this activity described under this heading in
House Report 117-96.
Open Textbook Pilot.--The agreement includes $11,000,000 to
continue the Open Textbook Pilot. This includes funding to
fully fund all continuation grants and support a new grant
competition in fiscal year 2022. The Department is directed to
issue a notice inviting applications and allow for a 60-day
application period. This funding should support a significant
number of grant awards with the same terms and conditions as
specified for this activity in the fiscal year 2021 notice and
House Report 117-96.
Postsecondary Student Success Grants.--The agreement
includes $5,000,000 for a new Postsecondary Student Success
Grants program, to support evidence-based activities to improve
postsecondary retention and completion rates.
Rural Postsecondary and Economic Development Grant
Program.--The agreement includes $20,000,000 for the Rural
Postsecondary Economic Development Grant program. The
Department is directed to make additional awards to quality
applicants from the competition in fiscal year 2021. Such
awards should be completed within 90 days of enactment of this
Act.
Transitioning Gang-Involved Youth to Higher Education.--The
agreement includes $1,500,000 for this activity described under
this heading in House Report 117-96.
National Center for College Students with Disabilities.--
The National Center for College Students with Disabilities
should continue to provide technical assistance and best
practice information about disability as students transition to
institutions of higher education, collect information and
research on disability services on college campuses, and report
to the Department about the status of college students with
disabilities in the United States.
Community Project Funding/Congressional Directed Spending
The agreement includes $249,400,000 for the projects, and
in the amounts, specified in the table ``Community Project
Funding/Congressionally Directed Spending'' included in this
explanatory statement accompanying this division.
Howard University
The agreement includes $344,018,000 for Howard University.
Within the total, the agreement includes $100,000,000 to
support construction of a new hospital.
Institute of Education Sciences (IES)
Administrative Expenses.--The agreement provides an
appropriation for administrative expenses directly to IES which
had previously received such support through an appropriation
controlled by the Secretary.
Assessment.--The agreement provides $180,000,000 to support
the current assessment schedule for the National Assessment of
Educational Progress, including administration in 2022 of the
Civics and U.S. History assessment in 8th grade at the national
level; necessary research and development needed to maintain
assessment quality, integrity and continuity, and achieve
efficiencies; and maintain plans for the administration of a
State-level Civics assessment in future years. The National
Assessment Governing Board and IES should continue to consult
with the authorizing and appropriations committees of Congress
as it considers strategies in achieving cost efficiencies in
and upgrades of its assessment program. Further, the agreement
directs the Department to describe implemented and planned
strategies for cost efficiencies and necessary research and
development projects in future Congressional Justifications.
National Board for Education Sciences (NBES).--The
agreement notes that NBES has been without members for an
extended timeframe; as a consequence, NBES has been unable to
fulfill key statutory duties such as providing recommendations
to the Director of IES on strengthening education research,
relevance and use, and regularly evaluating the work of the
Institute. The agreement requests the Department provide
information in future Congressional Justifications regarding
its plans for NBES.
Operating Plan.--The agreement directs the Director to
submit an operating plan within 90 days of enactment of this
Act to the Committees detailing how IES plans to allocate
funding available to the Institute for research, evaluation,
statistics, administration and other activities.
Departmental Management
Centers for Interconnected Behavioral and Mental Health
Systems.--The agreement urges the Department to work with the
Department of Health and Human Services to support expanded
access to mental health services for children and adolescents,
including through school-based health centers. The Department
should consider how regional research centers on positive
behavioral interventions and supports (PBIS) and school-based
mental health services could work with the existing National
Technical Assistance Center on PBIS and existing school-based
health centers across the country to support such expanded
access, including through the study and greater of
implementation of the Interconnected Systems Framework. The
Department should be prepared to discuss its plans during
hearings on the fiscal year 2023 budget held by the Committees.
ESEA Per Pupil Spending Reporting.--The Department is
directed to continue efforts to support the ESEA requirement
for per-pupil expenditure reporting for all States and school
districts in the Nation. The agreement requests an update on
these efforts in the next Congressional Justification, which
should include actions taken and planned to support the full
implementation of this requirement and efforts to improve the
accessibility, quality, and utility of this information.
Menstrual Hygiene Products.--The agreement encourages the
Department of Education, in consultation with the Department of
Health and Human Services, to provide technical assistance and
share best practices with institutions of higher education
seeking to expand access to menstrual products for
postsecondary students.
Office of English Language Acquisition.--The Department is
directed to provide a briefing to the Committees and
authorizing committees not later than 180 days after enactment
of this Act on the Department's plans to support the
organizational responsibilities among its Office of Elementary
and Secondary Education and Office of English Language
Acquisition to improve support for English learners and their
educators, including through federal technical assistance. The
Department is expected to be prepared to identify plans for
supporting effective instructional educational programs,
including bilingual and dual language approaches, implemented
at the discretion of SEAs and LEAs and addressing the needs of
English learners (ELs) who are also older students, classified
as ELs for an extended amount of years, and ELs who are also
students with disabilities.
School Improvement.--The Department is directed to provide
a briefing to the Committees and authorizing committees not
later than 90 days after enactment of this Act on the
Department's actions and plans for addressing the challenges
identified in GAO's report on school improvement and assisting
SEAs and LEAs with implementing the school improvement
requirements of ESEA.
General Provisions
The agreement continues authority for pooled evaluation
authority.
The agreement continues a provision regarding endowment
income.
The agreement continues authority for the National Advisory
Committee on Institutional Quality and Integrity.
The agreement continues authority for account maintenance
fees.
The agreement modifies a provision rescinding unobligated
discretionary balances previously appropriated for the Pell
grant program.
The agreement modifies a provision rescinding fiscal year
2021 mandatory funding to offset the mandatory costs of
increasing the discretionary Pell award.
The agreement includes a new provision allowing up to 0.5
percent of funds appropriated in this Act for programs
authorized under the HEA, except for the Pell Grant program, to
be used for evaluation of any HEA program.
The agreement includes a new provision providing an
additional amount for the projects, and in the amounts, as
specified in the table titled Community Project Funding/
Congressionally Directed Spending in the explanatory statement
accompanying this division.
The agreement modifies a provision regarding cohort default
rates.
The agreement includes a new provision rescinding fiscal
year 2021 unobligated balances.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
The agreement supports The Committee for Purchase From
People Who Are Blind or Severely Disabled's (the Commission)
intent to discontinue requiring Central Nonprofit Agencies
(CNA) to report to the Commission prior to any significant
meetings and directs the Commission to ensure that the
requirement is removed from all CNA agreements.
Requested Reports.--The Commission shall submit, upon
request by any of the Committees of jurisdiction, the reports
described under this heading in House Report 115-244. Any such
report shall be due no later than 60 days after the request.
The agreement requests ``Report 1'' as described under this
heading in House Report 115-244 within 60 days of the close of
the fiscal quarter. Such report shall include a summary of
total fees and price (contract total) by nonprofit agency. The
agreement requests ``Report 2'' as described under this heading
in House Report 115-244 for the fiscal year due within 60 days
of the close of the fiscal year.
Corporation for National and Community Service (CNCS)
OPERATING EXPENSES
Innovation, Demonstration, and Assistance Activities.--The
agreement includes $9,888,000 for innovation, assistance, and
other activities. The agreement includes $6,558,000 for the
Volunteer Generation Fund, $2,165,000 for the September 11th
National Day of Service and Remembrance, and $1,165,000 for the
Martin Luther King, Jr. National Day of Service.
Service Learning.--The agreement encourages CNCS to
continue to be a convener of the important work surrounding
service learning. The agreement requests a report not later
than 120 days after enactment of this Act detailing the steps
necessary to restart service learning programs such as Summer
of Service and Semester of Service on a broader scale.
Commission Investment Fund (CIF).--The agreement includes
no less than the fiscal year 2021 level for the CIF.
AmeriCorps Competitive Grants.--When establishing priority
areas for national service resources in future fiscal years,
the agreement encourages CNCS to prioritize awards to
organizations that provide services to support individuals
seeking recovery from substance use disorders, including
programs employing recovery coaching.
Public Awareness Campaign.--The National Commission on
Military, National, and Public Service recently submitted its
final report and recommendations, which included proposals for
a national awareness campaign that informs the public about the
various military, national, and public service opportunities
available to them and ways to increase participation. The
agreement directs CNCS to collaborate with the Department of
Defense, the Office of Personnel Management, the Peace Corps,
and the US Public Health Service Commissioned Corps on
developing a strategy for a public awareness campaign on
service opportunities.
General Provisions
The agreement includes a new provision related to VISTA
education awards.
Institute of Museum and Library Services
The agreement includes funds for the following activities:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States...................................... $168,803,000
Native American Library Services...................... 5,263,000
National Leadership: Libraries........................ 13,406,000
Laura Bush 21st Century Librarian..................... 10,000,000
Museum Services Act:
Museums for America................................... 27,899,000
Native American/Hawaiian Museum Services.............. 2,272,000
National Leadership: Museums.......................... 8,113,000
African American History and Culture Act:
Museum Grants for African American History & Culture.. 5,231,000
National Museum of the American Latino Act:
Museum Grants for American Latino History & Culture... 4,000,000
Research, Analysis, and Data Collection............... 4,513,000
Program Administration................................ 18,500,000
---------------
Total................................................. 268,000,000
------------------------------------------------------------------------
PROGRAM ADMINISTRATION
The agreement includes $2,000,000 for the creation of an
information literacy taskforce tasked with developing guidance,
instructional materials, and national strategies on information
literacy, including, at minimum, the creation of a website to
disseminate best practices on information literacy and toolkits
specially designed to help people of all ages understand,
evaluate, and discern the reliability and accuracy of
information. The website shall serve as a clearinghouse for
information on literacy programs, offer strategies and tools
tailored to both native and non-native English speakers and
communities, coordinate information on Federal initiatives,
programs, grants, publications, and materials promoting
enhanced information literacy, and offer such other information
as the Taskforce finds appropriate in the fulfilment of its
purpose. The Taskforce shall take steps necessary to coordinate
and promote information literacy efforts across departments and
agencies throughout the Federal government and with libraries
and museums at the State and local level, including promoting
partnerships among Federal, State, and local governments,
nonprofit organizations, and private enterprises.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The agreement continues to direct the Railroad Retirement
Board to provide a comprehensive update on the implementation
of the agency's information technology systems modernization
effort, including timeline to completion, anticipated and
actual project costs, obligations to date, and related
contracts. Such annual update is requested not later than 180
days after enactment of this Act and should provide information
for each fiscal quarter.
Social Security Administration (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes an increase of $411,000,000 for
SSA's administrative expenses.
Disability Backlogs.--The agreement recognizes that the
pandemic disrupted progress SSA made with its disability
hearings backlog. The agreement notes the adverse impacts
disability hearings backlogs have on an individual's ability to
access their Social Security benefits. Accordingly, the
agreement urges the Commissioner to prioritize the hiring of
administrative law judges and requisite staff to adjudicate
backlogged claims. In addition, the agreement directs the
Commissioner to continue to prioritize efforts to reduce wait
time disparities across the country by directing resources and
workload assistance, as necessary, to areas with greatest need.
Further, the agreement requests quarterly reports on efforts to
reduce the hearings backlog for Hearing Offices in the bottom
twenty of national ranking by average processing time.
The pandemic has also contributed to a backlog of initial
disability claims that also has significant negative impacts on
individuals waiting on their Social Security benefits, and that
will only put more pressure on the disability hearings process
in future years. The agreement requests a briefing within 90
days of enactment of this Act, and quarterly thereafter, on
SSA's plan for reducing the initial disability claims and
hearings backlogs, including estimates of the resources needed
to do so.
Evaluation and Statistics Retirement and Disability
Research Consortium (RDRC).--The agreement directs SSA to
increase funding at all four centers to allow for an increase
in the number of projects across the RDRCs.
Improving Ticket to Work Administration and Reducing
Overpayments.--The agreement supports agency efforts to improve
administrative processes that reduce overpayments, including in
the Ticket to Work program, which can create significant
challenges as beneficiaries attempt to return to work. SSA is
directed to brief the Committees within 90 days of enactment of
this Act on planned efforts in this area.
Mailing Paper Statements.--The agreement urges SSA to mail
paper statements to all contributors aged 25 and older in
accordance with Section 1143 of the Social Security Act.
Occupational Information System (OIS).--The agreement
continues to direct SSA to include it its annual report on OIS
sufficient details, including a timeline, on plans to fully
implement OIS in coming years.
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS).--The agreement includes $23,000,000 for WIPA grants
and $10,000,000 for PABSS.
Social Security Administration (SSA)
OFFICE OF INSPECTOR GENERAL (OIG)
Combating Social Security Impersonation Scams.--According
to the SSA OIG, there has been a significant increase in Social
Security impersonation scams in recent years. While the OIG has
made progress in combating these scams, the agreement
encourages the OIG to continue to prioritize working with SSA
to increase awareness of this scam and to pursue the criminals
perpetrating this fraud.
TITLE V
General Provisions
The agreement modifies a provision related to Performance
Partnerships.
The agreement modifies a provision to rescind unobligated
balances.
The agreement includes a new provision related to
evaluation funding flexibility.
The agreement includes a new provision related to the
Higher Education Emergency 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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